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									                                   City of Swartz Creek
                                         AGENDA
               Regular Council Meeting, Monday June 14, 2004 7:00 P.M.
                City Hall 8083 Civic Drive, Swartz Creek Michigan 48473


1.   CALL TO ORDER:

2.   INVOCATION AND PLEDGE OF ALLEGIANCE:

3.   ROLL CALL:

4.   MOTION TO APPROVE MINUTES:
     4A.  Regular Council Meeting, May 24, 2004                    MOTION      Pg. 11, 34-42
     4B.  Correction, May 3, 2004                                  MOTION      Pg. 11, 43

5.   APPROVE AGENDA
     5A.  Proposed or Amended Agenda                               MOTION      Pg. 11

6.   REPORTS:
     6A.  City Manager’s Report                                    MOTION      Pg. 12, 3-10
     6B.  Monthly Building Report, May                                         Pg. 53
     6C.  Monthly Check Ledger, May                                            Pg. 54-56
     6D.  2004 Levy Data                                                       Pg. 57-60
     6E.  WTE, Part A & B Costs                                                Pg. 61-63
     6F.  WTE, Part C & D Costs                                                Pg. 64
     6G.  West Water Loop Project                                              Pg. 65-67
     6H.  1972 Sewer Contracts, Gaines & Clayton                               Pg. 68-89
     6I.  6 Yr. Sewer Maint Plan                                               Pg. 90-94
     6J.  Sewer Rate Costs                                                     Pg. 95-96
     6K.  DDA Survey Results                                                   Pg. 97-105
     6L.  Engineering Reference Manual                                         (Separate File)

7.   COMMUNICATIONS TO COUNCIL:
     7A.  2004-2005 Sr. Center Budget                                          Pg.   106-116
     7B.  Win Woods, Young Dr. Sewer Ext                                       Pg.   117-120
     7C.  MDOT Ltr, Bristol Rd. TIP Project                                    Pg.   121
     7D.  Letter, Comcast                                                      Pg.   122-125
     7E.  Letter, HTD Committee                                                Pg.   126
     7F.  Ad, Senior Director                                                  Pg.   127

8.   MEETING OPENED TO THE PUBLIC:
     8A.   General Public Comments

9.   OLD BUSINESS:
     9A.   Truth in Taxation Hearing                               PUB. HEAR   Pg.   58
     9B.   Set 2004-2005 Levy                                      RESO.       Pg.   12, 57-60
     9C.   Adopt 2004-2005 Fiscal Budget                           RESO.       Pg.   12, 12-17
     9D.   Set 2004-2005 Council Meeting Schedule                  RESO.       Pg.   17, 17-18
     9E.   Fiscal Year End Adjustments                             RESO.       Pg.   18
     9F.   Set Sewer Tap Fees                                      RESO.       Pg.   19, 19-20
     9G.   WTE Phase II Sanitary Sewer Proposal                    RESO.       Pg.   20, 61-67
     9H.   Set Public Hearing, Park Plan Amendment                 RESO.       Pg.   21
     9I.   City Engineering Standards                              RESO.       Pg.   21, (File)
     9J.   Petition, Extend Sprague Drain #0513                    RESO.       Pg.   21, 21-24
     9K.   2004-2007 Fire Contract                                 RESO.       Pg.   24, 24-29
     9L.   Labor, Eliminate / Create Position                      RESO.       Pg.   29
     9M.   Appointment, Deputy Clerk - Deputy Treasurer            RESO.       Pg.   29


                                       Page 1 of 127
10.   NEW BUSINESS:
      10A. Special Land Use Permit, First Baptist Church   RESO.   Pg.   30, 44-49
      10B. Site Plan Amendment, First Baptist Church       RESO.   Pg.   30, 44-49
      10C. Agreement, First Baptist Church                 RESO.   Pg.   31, 31-32
      10D. Planning Commission Appointment, Grimes         RESO.   Pg.   32
      10E. Planning Commission Re-Appointment, Ridley      RESO.   Pg.   33
      10F. Metropolitan Alliance Appointment, Schultz      RESO.   Pg.   33
      10G. Tax Board of Review Appointment, MacGillivray   RESO.   Pg.   33
      10H. Zoning Code Revision                            DISC.   Pg.

11.   MEETING OPENED TO THE PUBLIC:
      11A.  General Public Comments

12.   REMARKS BY COUNCILMEMBER’S:

13:   ADJOURNMENT




                                       Page 2 of 127
                                City of Swartz Creek
                             CITY MANAGER’S REPORT
             Regular Council Meeting of Monday June 14, 2004 7:00 P.M.

TO:        Honorable Mayor, Mayor Pro-Tem & Council Members
FROM:      PAUL BUECHE // City Manager
DATE:      11-June-2004


OLD / ROUTINE BUSINESS – REVISITED ISSUES / PROJECTS
    CHARTER REVISION, PERSONNEL POLICIES & PROCEDURES (Status)
    We have one more meeting set with Mr. Figura to discuss the feasibility of Charter
    Amendments.         After this, I’ll have the findings of the committee and
    recommendations for the Council. Additionally, I’d like to use this committee to
    explore direction in a citywide policy manual.
    2004 BUDGET (Public Hearing - Resolutions)
     On tap for tonight is a public hearing for Truth in Taxation, set the levy, adopt the
     budget, set the 2004-2005 Council Meeting Schedule and year end fiscal
     adjustments. We did not qualify for a Headlee rollback this year. After the
     adjustment for a millage reduction fraction of 0.1006 mills, we will be levying our
     maximum of 4.8348 mills for General Operating, the same as last year. The garbage
     revenues still exceed the expenses, but I recommend we levy the 1.75 mills for
     another year. I also recommend we levy the 0.5 (0.4981) mill Sr. Center Operating.
     As you are aware, we will be seeking a re-definition of the operating and an
     additional 0.5 mills for capital improvements. If the operating fails, then we will need
     to discuss options for the 2005-2006 levy. Last, but not least, is the water
     transmission levy. As you recall, in the 2001-2002 fiscal year, we had a fund balance
     that equaled more than 150% of the expenditures and as a result, the state sent us a
     nasty gram. We re-calculated the levy to arrive close to zero when the sun sets on
     the debt in 2008. I recommend we again set this levy at 0.0100 mills. We will
     probably get another notification from the state this year, as well as next, but we
     should be close to zeroing out the fund balance when the debt retires.
    As we have discussed in previous meetings, we seriously need to visit our building,
    zoning, tap and sewer fees. I have some recommendations and proposed
    resolutions that are outlined within the next couple of sections.
           April 21 or 22:          Special Council Meeting, Discussion, Set Public
                                    Hearing

           May 3:                   Special Meeting, Discuss Proposed Budget

           May 10:                 Public Hearing to be Re-scheduled

           May 24:                  Hold Public Hearing for Budget, Set Public Hearing
                                    for Truth in Taxation, Discuss Water-Sewer Rate &
                                    WTE Debt Funding



                                     Page 3 of 127
       June 14:                 Truth in Taxation Hearing, Set Levy, Adopt Budget,
                                Set 2003-2004 Meeting Schedule, Year End Fiscal
                                Adjustments, Set Citywide Fees and Charges for
                                Services, Adjust Sewer, Water Rates

       June 30th:               Fiscal Year End

       July 30th:               Audit

RATE INCREASES, BUILDING, ZONING, SEWER, TAPS (Resolutions)
 Since forever, we have had ridiculously low fees for building, zoning and water-sewer
 taps. As it stands today, the General Fund vastly subsidizes the Building and Zoning
 Departments. It should be the other way around, in that fees support these
 departments. The decline in revenue sharing will shortly put us in the position wherein
 we will have to reduce services. It only seems right that expenses that we can remove
 from within the General Fund should be pursued. I don’t advocate large or unfair fees
 to build or develop, but I do believe that reasonable fees are justified. We have kept the
 cost of the building and zoning department to a bare minimum by having the luxury of
 one person that is cross trained to do all this work (including assessing). Despite this,
 the General Fund still supports these departments. Included with tonight’s packet is a
 recommendation for a new fee structure for building, zoning and related fees and
 permits. In order to make these increases, it first has to be determined if they exist by
 ordinance, or by resolution. We are in the process of researching this now and will have
 a package for the next meeting.
Much the same problem exists with our water and sewer taps. We currently get $800
for a water tap, and $500 for a sewer tap. Although it certainly is great to make this
affordable to developers building within the city, the end result is it has left us with no
funds for capital improvements to these systems. This is painfully evident right now as
we are faced with two major sewer projects and one major water project (discussed in
the next two items). I have a proposed ordinance that would increase our sewer taps to
$1,500 each. I will be back at the next meeting with a similar ordinance to increase the
water tap fees.
Regarding sewer unit rates, I’ve waited for two years to recommend increases, as the
county will eventually go to a volume rate. Not knowing what these rates may be, and
given our surface and storm water inflow issues, they may be significant. We can wait
no longer. I am in the process of preparing an ordinance amendment for a rate
increase of $4.05 per month ($12.15 per quarter). I’ve included some supporting
documentation of maintenance and operational plans.
PHASE II, WESTERN TRUNK SEWER EXTENSION (Resolution)
First, a brief history lesson on how we got where we are today. In 1972, we allowed
Gaines and Clayton Township’s onto our system under separate contracts (go to:
Gaines Contract – Clayton Contract).         These contracts are inter-governmental
agreements that refer back to a 1969 WWS contract for waste processing via the
County sewer interceptor that roughly runs along the creek on our south city limit
border, eventually making its way to the sewage treatment plant at the Drain
Commission’s Office on Beecher Road. The contracts allow for 400 sewer units each
with capped costs paid to the City of $38,340 for Gaines, and $89,460 for Clayton. The
contracts then call for a yearly tap fee of $10 per unit. Gaines has reached their
maximum, and Clayton is far from theirs. The contracts also address re-negotiation of

                                Page 4 of 127
the tap fees, however, for reason’s unknown, the City has never pursued this. In 1972
when the contracts were drafted, engineering showed that at some point around 400
total units, the Miller Road lift station and force main from this point easterly along Miller,
then south to the interceptor, would be at capacity. There is about 400 units inbound
from outside the City and as you are all aware from the I & I study, this station can
accept no more. The contracts have a remedy for this, in that a second 12” parallel
main is to be constructed along Fairchild from Miller Road to the interceptor. The cost
distribution is 18% to Gaines, 43% to Clayton, and 39% to the City. I would guess that
the theory at the time was that the City and Clayton would be the larger contributor’s of
wastewater to this, and Gaines would be something less significant. As it is today,
Gaines has the most units, followed by the City with Clayton the last. If I had to guess
at the future trend in development, I think it would be safe to say that Gaines and
Clayton will by far outnumber the City on sewer units into the WWS System, in this
area.
Here we are today. Genesee County WWS has designed the Phase II Western Trunk
Sanitary Sewer Extension, Parts A,B,C & D and in fact, is prepared to go to construction
very soon on portions of the project. Part A, due to begin construction immediately, is
an interceptor that will run south from Corunna Road about halfway between Morrish
and Elms, to Bristol Road. Part B is another interceptor lead off this line that will run
west to Seymour Road about a tenth of a mile north of Bristol (through the undeveloped
land), then south along Seymour Road to Miller where it will pickup the inbound waste
water at the Miller Road Pump Station, thus eliminating the need for the station. Part C
will begin where Part A left off running south from Bristol Road through the proposed
Springbrook East, then south out of the City eventually making its way to the proposed
High School on Morrish south of Hill. Part D will continue east from Part C servicing
Eastern Gaines, Mundy and into the Grand Blanc Interceptor that’s currently under
construction.
Since March, when we were first officially notified of this project, Genesee County WWS
has lowered our proposed cost participation (due to my squawking) from an original
suggestion of $825,000 to $553,720, the latest offer. This cost is only for our portion of
Part A & B. Attempts to bring all the projects together (including the water-main) have
been unsuccessful. The negotiation process is complex as both Clayton and Gaines
Townships are tied to us by virtue of the 1972 contracts. How they may play into this
process is tricky as the contracts call for return of revenues from tap fees as well as cost
percentages for improvements. To compound the matter, one of the Townships has
indicated that they have no intention of honoring the contract.
The benefit to the City has been extensively explored and reviewed by our staff and
engineers. In a bulleted fashion, here they are:
     Elimination of the Miller Road Lift Station (most likely there will be additional costs
     not calculated within these figures, such as reversal of lines, addition of new lines
     to meet fall requirements, etc)
     Additional capacity
     Elimination of existing contracts
The cost vs. benefit is obviously the key regarding our participation. Mr. Warren has
made some projections on the cost of replacing the lift station and constructing the
parallel line, as the contractual remedy calls for (view here). I believe that it would be

                                 Page 5 of 127
foolish to pursue this remedy, as it would only add additional 400 or so units. Our
options, as I see them, are:
       Walk away. We are no worse off if we elect to do this as we have our
       infrastructure already in place and sewer is readily available to all vacant parcels
       within this sewer district area. We are bound by the terms of the contracts though
       and may be liable for damages as a result. Additionally, I’m unsure what position
       the County may take if we elect to do this. At a minimum, it’s safe to assume that
       we will not be allowed access to any portion of this new system.
       Participate with equalized cost sharing and negotiate tap revenue sharing. I have
       offered this as a possible solution; however, the concept did not appear to raise
       any interest.
       Participate with a capped cost contribution for all the sewer projects (A,B,C & D)
       and wheel the water-main project into the deal.
Recommendation. The concept of the whole project is an excellent idea, however,
unless I’m missing something, I feel that the City taxpayers paid for this infrastructure
and we have agreed to allow its use by Gaines and Clayton Township with little
compensation in return. Now the growth in the Townships has demanded more than we
can provide, and they want funding assistance in developing their infrastructure. On the
other hand, we will derive benefit by the construction of this project. I recommend we:
       Participate with a capped contribution of $500,000 for all the projects (A,B,C &
       D), with full system access rights
       Dissolve the 1972 contracts with final billing upon completion of Parts A & B
       For a $1 fee, transfer ownership of the water-main from Van Vleet to the Brown
       Road Property, The Brown Road Property as-is, and the water tower as-is, to the
       County WWS (the water tower may need a bit more figuring as to its potential
       use vs. restoration. Additionally, we may want to visit an agreement that the
       county restore and place it into use). In exchange, the county will proceed with
       the construction of its water service (without cost to the City) south along
       Seymour Road, west on Miller and looped into our system.
If the council is in support of this recommendation, I’ve included a resolution to draft a
letter to the County outlining the proposal.

SALE OF CITY ASSETS, WATER MAIN EXTENSION PROJECT (Status)
The County’s WWS is interested in acquiring the water main that we own (Van Vleet to
the Brown Road property) as well as the pumping station on Brown Road. They would
like to continue water service south along Seymour Road, looped into our system, and
then west out Miller Road to M-13. Although this project is not directly related to the
sewer projects, I still would prefer that all of them be considered as a package. The
County has determined that the value of our main is $88,236. A Cook Prey & Hanson
appraisal we did about 18 months ago affixed the value of the Brown Road Property at
about $15,500. Tom Hundley (through unknown means) calculated the value of the
water main at $170,000 in 1995. It’s safe to assume that the mains’ value lies
somewhere between the County’s calculations and Mr. Hundley’s. The figure we have
on the Brown Road Property is accurate. As indicated above, the concept of the project
is good, in that it would give another supply feed to the City (increased fire flows in the
west side of town), but at what point do we cross the line wherein we are subsidizing
infrastructure construction in the Townships. As indicated above, I think an equitable


                                Page 6 of 127
contribution on our part would be to release the water main, the Brown Road Property
and the water tower to WWS as our contribution towards the project.
MASTER PLAN UPDATE – PARK PLAN AMENDMENT (Resolutions)
I have not had the time to fully complete the drawing changes to the Master Plan, for
final review. I have included a resolution to set a public hearing, at the meeting of June
28th, on the proposed amendment to the Five Year Parks & Recreation Plan, for the
Sports Complex and Non-Motorized Trail System.
ENGINEERING & CONSTRUCTION STANDARDS (Resolution)
As the Council may recall, we appropriated $3,600 to REI to draft an Engineering and
Construction Standards Manual that would set forth the standards for all of the City’s
infrastructure and the like. The manual is finished, and I’m happy with its outcome. I’ve
set it for a resolution to adopt it tonight as the standard. The Building & Zoning
Administrator should initially handle disputes that may arise out of the specifications set
forth in the manual. If he cannot resolve them, or if the grievant is unhappy with the
determination, then the Construction Board of Appeals is probably the next step. We
can incorporate text to this effect into the revisions of the Zoning Code when we visit it
in the next couple of months. I’ve included a paper manual for Council review as well
as included it as a .pdf file. If you do not want the manual (it’s pretty dry material),
please leave it at the Council Table and we’ll use them in the office.
FIRE DEPARTMENT – CAPITAL PURCHASE, CONTRACT (Resolution)
Included with tonight’s packet is a draft contract for review. Issues that had been
raised at the last meeting include:
    1. Something less than a three-year contract, maybe one or two.
       (Clayton Township opposes anything less than three years)
    2. Apparatus replacement schedule adopted yearly by both governments
       (Clayton Township has declined to agree. They believe that the     governments
       should decide apparatus purchases)
    3. Equitable funding (cost distribution per responses)
       (Clayton Township declines to agree)
    4. Mandatory safety equipment purchase (if equipment is deemed necessary
       for safety purposes, than purchases cannot be denied)
       (Clayton Township declines to agree. They believe that the power to appropriate
       purchases should rest with the municipalities)
    5. Removal of all reference to Station #3 (Wood Creek Manor)
       (Clayton Township has no objection)
    6. Increases in per occurrence and maximum liability coverage (my
       suggestion)
       (Clayton Township agrees)
    7. Status of the two vehicles and separate ownership referred to in the
       agreement.
       (These vehicles were purchased with CDBG funds and are still on the fixed
       assets list of the Fire Department. They must be individually tracked as to
       ownership and a specific process followed when they are disposed of)


                                Page 7 of 127
    8. Name changed from “Swartz Creek Area Fire Department” to “Swartz Creek
       – Clayton Township” Fire Department
       (Clayton Township request. Proposed contract reflects change)

SR. CENTER ADDITION / MILLAGE REQUEST (Status)
Pending
GENESEE VALLEY ROTARY CENTENNIAL PROJECT (Status)
Construction is set to begin soon. There will be a dedication on Tuesday June 29th
@ 6:00 PM at the Park. Everyone’s invited.
WINSHALL PARK ARSON RECONSTRUCTION (Status)
A request for a permit to re-construct within the floodway is into the MDEQ for review.
I expect an answer within 60 days. With a little luck, and with their approval, we
might be able to construct this later this summer.
RACETRACK GAMING & “RACINO” PACKAGE (Status)
Watching and waiting for the final package that makes its way to the governor’s desk.
CRAPO STREET LIGHTING (Status)
Installation is pending, as it has been for over a year now.
CITY WEB SITE (Status)
A template is up and working and can be viewed at www.cityofswartzcreek.org. Take a
look at it and let me know if you have any comments or suggestions. I’ll be back
soon to talk some more on this project to see how far the council wishes to go with it.
We need some data from council members to upload into this site. Attached is a
questionnaire (I will also place one at the council table). Please try and get them
back to me as soon as possible so we can get this information programmed. It’s an
individual choice what, if any information you wish to supply.
SANITARY CAPACITY, INFILTRATION & INFLOW (Status)
Pending.
D.D.A. (Status)
Included with tonight’s packet are the results of the survey we sent out. I did not
include this as a topic for discussion tonight as I felt we probably have enough to do.
Hopefully we can get to it at the next meeting.
STORM WATER ISSUES, GATEWAY-BURKESHIRE-TRACK-SWCE (Resolution)
The attorneys for the parties are working on a solution. As of writing, we have seen
nothing here. I may have more at the meeting. As for now, the matter is still on the
table, having been postponed. I’ve included the resolution for consideration and
unless something significant develops, I’ll be recommending its approval.
SUMMER FAMILY MOVIES (Status)
Pending
MAYOR’S EXCHANGE (Status)
We are set to visit St. Louis (not Missouri, but Michigan) on Wednesday June 16th.
The tentative list for attendance is Dick Abrams, Boots Abrams, Dave Plumb, Dave


                                Page 8 of 127
   Hurt, Curt Porath, Paul Bueche, Mary Jo Clark, Rick Clolinger, Tom O’Brien and
   Adam Zettel. If anyone else desires to go, please let me know.
   LABOR AGREEMENTS (Resolution)
   The last contract out is the Supervisor’s. For the most part it’s finished, but a new
   issue arose a couple of weeks ago that put a short delay in the process. As you
   recall, we made some lateral moves and redefined some job descriptions after
   DeAnna left. This left the AFSCME Administrative Assistant Accounts Payable-
   Receivable position open. We went out and advertised to fill the position and
   received about a dozen applications. As you recall, we left the pay specifics open as
   the hope was that maybe we could fill it at the AFSCME rates, but, if the applicant
   qualifications were thin, we could re-advertise and seek to pay the position a bit more
   by moving it into the Supervisor’s Unit. In the middle of this process, DeAnna called
   and inquired about returning. After consulting with Mr. Figura regarding the City’s
   options, I offered her the Accounts Payable-Receivable position within the AFSCME
   Unit. Based on her experience, education and qualifications, what I would like to do
   is eliminate the Accounts Payable-Receivable position within the AFSCME Unit, and
   create another position within the Supervisor’s Unit, Deputy Clerk – Deputy
   Treasurer, at a salary of $40,000 per year. The cost differential between the two
   positions is $6,800 per year. Given her knowledge of the City’s Operation and
   government in general, it’s a no brainer to put her back to work as opposed to hiring
   someone off the street and take a chance of poor performance or lost time and
   expense in training. The key is to pay the position a comparable rate in order to keep
   it. This move would accomplish this. The backside consideration of this move might
   be in the elimination of the AFSCME position. The contract remedy calls for the
   layoff of part time classification employees if full time positions are eliminated or laid
   off. If challenged by the union, this would mean the loss of two part-time City Hall
   Office employees (cost savings of about $25,000 per year). We could live with this, if
   need be. I’ve included a resolution for Council consideration.
   T-MOBILE CELL TOWER, CONTRACT (Status)
   We are still working on the contract and should have it shortly.


NEW BUSINESS / PROJECTED ISSUES & PROJECTS
   HOMETOWN DAYS EVENT (Information)
   The event appeared to be the biggest and best yet with an outstanding attendance and
   the cooperation of the weather guru. The weekend went without a hitch with just a
   small handful of noise complaints (less than in years past). The only disturbances were
   a couple of minor “fat-lip” teen fights and a long, long line at the dunk tank when Chief
   Rick was up there. On behalf of the Council, I sent a short note of recognition to the
   committee for a great job.
   SPECIAL LAND USE-SITE PLAN AMENDMENT, 1ST BAPTIST CHURCH (Resolution)
   The First Baptist Church at Seymour & Hill has requested the placement of a temporary
   manufactured housing unit upon their property, to be used as a classroom, pending the
   beginning of their Phase III construction addition. As per their site plan approval on
   September 9, 2002, Phase III must begin by September 9, 2005, or the site plan
   approval expires. After a public hearing, the Planning Commission approved the

                                    Page 9 of 127
    structure with some stipulations (see resolution). There was some moderate public
    opposition to the request, based mainly on the esthetic appearance and the potential
    that when allowed, these things sometimes have a tendency to “grow roots”. As a
    solution, we worked out a definitive sunset date bound by an agreement with the church
    that tenders power to the City to physically remove the structure and invoice the costs.
    There are three resolutions covering the request.
   PLANNING COMMISSION APPOINTMENT (Resolution)
   Joyce Wilson’s term as a member of the Planning Commission expires on June 30th.
   She has decided not to seek re-appointment. Mayor Abrams has tendered the
   appointment of Bud Grimes to fill her position. She will be missed, but Mr. Grimes will
   do an excellent job. A resolution for confirmation is included with tonight’s packet.
   PLANNING COMMISSION APPOINTMENT (Resolution)
   Kathy Ridley’s term expires on June 30th. Mayor Abrams has elected to re-appoint her.
   A resolution of confirmation is included for review.
   METROPOLITAN PLANNING ALLIANCE APPOINTMENT (Resolution)
   In 2002, Bud Grimes was appointed to serve on the Metropolitan Alliance Committee.
   The Mayor would like to move Mr. Grimes from this committee to the Planning
   Commission, and appoint Ron Schultz to serve out the remainder of the term. A
   resolution to this effect is included with tonight’s agenda.
   TAX BOARD OF REVIEW APPOINTMENT (Resolution)
   Tom MacGillivary’s term on the Tax Board of Review expires on June 30th. Mayor
   Abrams has recommended a re-appointment of Mr. MacGillivary to another three-year
   term.
   ZONING ORDINANCE REVISION (Discussion)
   As you are aware, we appropriated funds to revise our zoning code. I’d like to begin
   this venture and I have just a short discussion to get a feel for how the Council wishes
   to approach the matter.


Council Questions, Inquiries, Requests and Comments
   Spec. RICHARD TREVITHICK, Killed in Action in Iraq. We will prepare a plaque and
   make arrangements for a family member to attend a meeting for presentation.
   Miller & Fairchild, Signage. Pending a report from Rick.




       NOTE: IF YOU HAVE ANY CD’S HANGING AROUND, PLEASE TRY
                          AND BRING THEM IN

                                    THANX…….


                                  Page 10 of 127
                                City of Swartz Creek
                                   RESOLUTIONS
              Regular Council Meeting, Monday June 14, 2004 7:00 P.M.

Motion No. 040614-4A           MINUTES, MAY 24, 2004

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council hereby approve the Minutes of the Regular
     Council Meeting held May 24, 2004, to be circulated and placed on file.

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-4B           MINUTES CORRECTION, May 3, 2004

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council correct the May 3, 2004 Special Council Meeting
     Minutes opening call to order sentence to read:
           The meeting was called to order at 6:00 p.m. by Mayor Pro-Tem
           Abrams Christie in the Swartz Creek City Council Chambers, 8083
           Civic Drive.
           Invocation and Pledge of Allegiance to the Flag given.
           Councilmembers Present: Abrams, Christie, Hurt (arrived 6:05
                                   p.m.), Plumb, Porath, Shumaker.
           Councilmembers Absent: Adams.

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-5A           AGENDA

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council approve the agenda as presented / printed /
     amended for the Regular Council Meeting of June 14, 2004, to be circulated and placed
     on file.

                                  Page 11 of 127
     Second by Councilmember: _______________

     Voting For: ______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-6A           CITY MANAGER’S REPORT

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council approve the City Manager’s Report of June 14,
     2004, to be circulated and placed on file.

     Second by Councilmember: _______________

     Voting For: ______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-9B           SET 2004-2005 FISCAL YEAR LEVY

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council approve and authorize the following tax millage to
     be levied for the 2004-2005 Fiscal Year:

     Charter General Operating:         4.8348 mills (reduced .0185 from last year)
     Garbage:                           1.7500 mills (remains the same as last year)
     Debt (water x-mission):            0.0100 mills (reduced .2400 from last year)
     Senior Center Operating:           0.4981 mills (reduced .0019 from last year)
     Total Levy:                        7.0929 mills

     Second by Councilmember: _______________

     Voting For: ______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-9C           SET 2004-2005 FISCAL YEAR BUDGET

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council, in accordance with the General Appropriations
     and Uniform Budgeting and Accounting Act, adopt the following budget for the Fiscal
     Year of 2004-2005:
                                  City of Swartz Creek
                                      FY 2004-2005
                                    Adopted Budget

                                    Page 12 of 127
101 General Fund
                          Estimated Revenues                 Adopted
      General Fund Estimated Revenues                        1,862,279
         Total General Fund Estimated Revenues               1,862,279

                                Appropriations               Adopted
      General Government Activities 101-299                    541,567
      Public Safety Activities 301-399                         862,805
      Public Works Activities 400-799                          432,102
                                                                           Estimated Beginning Fund
      Other Government Activities 800-999                      104,859     Balance
          Total General Fund Appropriations                  1,941,333               1,251,359
                                                                           Estimated Ending Fund Balance
          Effect on General Fund's Fund Balance                -79,054               1,172,305

202 Major Streets Fund
                           Estimated Revenues                Adopted
      Major Streets Fund Estimated Revenues                    211,600
          Total Major Streets Fund Estimated Revenues          211,600

                                Appropriations               Adopted
      General Government Activities 101-299                          0
      Public Safety Activities 301-399                               0
      Public Works Activities 400-799                          225,572
                                                                           Estimated Beginning Fund
      Other Government Activities 800-999                       25,000     Balance
          Total Major Streets Fund Appropriations              250,572                877,403
                                                                           Estimated Ending Fund Balance
          Effect on Major Streets Fund's Fund Balance          -38,972                838,431

203 Local Streets Fund
                           Estimated Revenues                Adopted
      Local Streets Fund Estimated Revenue                     101,900
          Total Local Streets Fund Estimated Revenue           101,900

                                Appropriations               Adopted
      General Government Activities 101-299                          0
      Public Safety Activities 301-399                               0
      Public Works Activities 400-799                          124,512
                                                                           Estimated Beginning Fund
      Other Government Activities 800-999                            0     Balance
          Total Local Streets Fund Appropriations              124,512                139,161
                                                                           Estimated Ending Fund Balance
          Effect on Local Streets Fund's Fund Balance          -22,612                116,549

226 Garbage Fund
                         Estimated Revenues                  Adopted
      Garbage Fund Estimated Revenue                           317,550
          Total Garbage Fund Estimated Revenue                 317,550

                                Appropriations               Adopted
      General Government Activities 101-299                            0
      Public Safety Activities 301-399                                 0

                                            Page 13 of 127
       Public Works Activities 400-799                            317,239
                                                                               Estimated Beginning Fund
       Other Government Activities 800-999                              0      Balance
           Total Garbage Fund Appropriations                      317,239                 433,185
                                                                               Estimated Ending Fund Balance
           Effect on Garbage Fund's Fund Balance                      311                 433,496

265 Drug Enforcement Fund
                           Estimated Revenues                    Adopted
       Drug Enforcement Fund Estimated Revenue                     73,384
           Total Drug Enforcement Estimated Revenue                73,384

                                 Appropriations                  Adopted
       General Government Activities 101-299                            0
       Public Safety Activities 301-399                            72,020
       Public Works Activities 400-799                                  0
                                                                               Estimated Beginning Fund
       Other Government Activities 800-999                              0      Balance
           Total Drug Enforcement Fund Appropriations              72,020                    5,662
                                                                               Estimated Ending Fund Balance
           Effect on Drug Enforcement Fund's Fund Balance           1,364                    7,026

350 City Hall Debt Fund
                             Estimated Revenues                  Adopted
       City Hall Debt Fund Estimated Revenue                       73,243
            Total City Hall Debt Fund Estimated Revenue            73,243

                                 Appropriations                  Adopted
       General Government Activities 101-299                               0
       Public Safety Activities 301-399                                    0
       Public Works Activities 400-799                                     0
                                                                               Estimated Beginning Fund
       Other Government Activities 800-999                         72,943      Balance
           Total City Hall Debt Fund Appropriations                72,943                  10,163
                                                                               Estimated Ending Fund Balance
           Effect on City Hall Debt Fund's Fund Balance               300                  10,463

352 Wtr Transmission Debt Fund
                           Estimated Revenues                    Adopted
      Wtr Transmission Debt Fund Estimated Revenue                  2,571
           Total Wtr Tranmission Debt Fund Estimated Revenue        2,571

                                 Appropriations                  Adopted
       General Government Activities 101-299                               0
       Public Safety Activities 301-399                                    0
       Public Works Activities 400-799                                     0
                                                                               Estimated Beginning Fund
       Other Government Activities 800-999                         33,990      Balance
           Total Wtr Transmission Debt Fund Appropriations         33,990                  75,125
                                                                               Estimated Ending Fund Balance
           Effect on Wtr Transmission Debt Fund's Fund Balance     -31,419                 43,706

355 Interceptor Sewer Debt Fund                                  CLOSED IN FY


                                             Page 14 of 127
                                                                  2003
                            Estimated Revenues                    Adopted
      Interceptor Sewer Debt Fund Estimated Revenues                        0
           Total Interceptor Sewer Debt Fund Estimated Revenues             0

                                Appropriations                    Adopted
      General Government Activities 101-299                                 0
      Public Safety Activities 301-399                                      0
      Public Works Activities 400-799                                       0
                                                                                Estimated Beginning Fund
      Other Government Activities 800-999                                   0   Balance
          Total Interceptor Sewer Debt Fund Appropriations                  0                     0
                                                                                Estimated Ending Fund Balance
           Effect on Interceptor Sewer Debt Fund's Fund Balance             0                     0

401 Capital Projects Fund
                            Estimated Revenues                    Adopted
      Capital Project Fund Estimated Revenue                         2,469
          Total Capital Projects Fund Estimated Revenue              2,469

                                Appropriations                    Adopted
      General Government Activities 101-299                               0
      Public Safety Activities 301-399                                    0
      Public Works Activities 400-799                                95,500
                                                                                Estimated Beginning Fund
      Other Government Activities 800-999                                 0     Balance
          Total Capital Projects Fund Appropriations                 95,500                199,907
                                                                                Estimated Ending Fund Balance
           Effect on Capital Projects Fund's Fund Balance           -93,031                106,876

402 Fire Equipment Replacement Fund
                            Estimated Revenues                    Adopted
       Fire Equipment Replacement Fund Estimated Revenue            20,250
              Total Fire Equip Replacement Fund Est Revenue         20,250

                                Appropriations                    Adopted
      General Government Activities 101-299                               0
      Public Safety Activities 301-399                               31,000
      Public Works Activities 400-799                                     0
                                                                                Estimated Beginning Fund
      Other Government Activities 800-999                                 0     Balance
          Total Fire Equip Replacement Fund Appropriations           31,000                 80,470
                                                                                Estimated Ending Fund Balance
           Effect on Fire Equip Replacement Fund's Fund Balance     -10,750                 69,720

590 Water Supply Fund
                          Estimated Revenues                      Adopted
      Water Supply Fund Estimated Revenue                         1,013,000
         Total Water Supply Fund Estimated Revenue                1,013,000

                                Appropriations                    Adopted
      General Government Activities 101-299                         15,000
      Public Safety Activities 301-399                                    0

                                            Page 15 of 127
      Public Works Activities 400-799                          968,129
                                                                           Estimated Beginning Fund
      Other Government Activities 800-999                       29,000     Balance
          Total Water Supply Fund Appropriations             1,012,129               1,014,230
                                                                           Estimated Ending Fund Balance
          Effect on Water Supply Fund's Fund Balance              871                1,015,101

591 Sanitary Sewer Fund
                           Estimated Revenues                Adopted
      Sanitary Sewer Fund Estimated Revenue                    784,600
              Total Sanitary Sewer Fund Estimated Revenue      784,600

                                Appropriations               Adopted
      General Government Activities 101-299                     15,000
      Public Safety Activities 301-399                               0
      Public Works Activities 400-799                          901,598
                                                                           Estimated Beginning Fund
      Other Government Activities 800-999                       29,000     Balance
          Total Sanitary Sewer Fund Appropriations             945,598               1,591,400
                                                                           Estimated Ending Fund Balance
          Effect on Sanitary Sewer Fund's Fund Balance        -160,998               1,430,402

                                                             CLOSED IN FY
593 Sewer Tap Fund                                           2003
                         Estimated Revenues                  Adopted
      Sewer Tap Fund Revenue                                         0
         Total Sewer Tap Fund Estimated Revenue                      0

                                Appropriations               Adopted
      General Government Activities 101-299                            0
      Public Safety Activities 301-399                                 0
      Public Works Activities 400-799                                  0
                                                                           Estimated Beginning Fund
      Other Government Activities 800-999                              0   Balance
          Total Sewer Tap Fund Appropriations                          0                     0
                                                                           Estimated Ending Fund Balance
          Effect on Sewer Tap Fund's Fund Balance                      0                     0

661 Motor Pool Fund
                           Estimated Revenues                Adopted
      Motor Pool Fund Estimated Revenue                        162,600
          Total Motor Pool Fund Estimated Revenue              162,600

                                Appropriations               Adopted
      General Government Activities 101-299                     35,000
      Public Safety Activities 301-399                         104,400
      Public Works Activities 400-799                          133,737
                                                                           Estimated Beginning Fund
      Other Government Activities 800-999                            0     Balance
          Total Motor Pool Fund Appropriations                 273,137                585,637
                                                                           Estimated Ending Fund Balance
          Effect on Motor Pool Fund's Fund Balance            -110,537                475,100



                                            Page 16 of 127
      Total Estimated Revenues                                4,625,446
      Total All Funds Appropriations                          5,169,973
                                                                                -
                                                                          544,527

     Second by Councilmember: _______________

     Voting For: ______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-9D              SET 2004-2005 COUNCIL MEETING SCHEDULE

     Motion by Councilmember: ________________

     WHEREAS, Act 261 of the Public Acts of the State of Michigan of 1968, as amended,
     requires the public notice of the schedule of regular meetings of the Swartz Creek City
     Council be given once each calendar year or fiscal year and that said notice shall show
     the regular dates and times for the meeting and the place at which meetings are held;
     and
     WHEREAS, said Act directs that said notice be posted prominently at the principle
     office of the City of Swartz Creek; or at the public building at which said meetings are
     held; or published in the newspaper of general circulation in Swartz Creek;
     NOW, THEREFORE, pursuant to said Act, public notice is hereby given that regular
     meetings for fiscal year 2003-2004 shall be held twice each month; provided, however,
     if the date on which any regular meeting is scheduled shall be a holiday, such regular
     meeting shall be held on the next secular day which is not a holiday and that all
     meetings shall be held in the Council Chambers located at 8083 Civic Drive, Swartz
     Creek, Michigan, unless otherwise provided in advance by the City Council, said
     meeting shall commence at 7:00 P.M., on the following 2004-2005 dates:
                          July, 2004 -        Monday – 12th
                                              Monday – 26th
                          August, 2004 -      Monday – 9th
                                              Monday – 23rd
                          September, 2004 - Monday – 13th
                                            Monday – 27th
                          October, 2004 -     Monday – 11th         (Columbus Day)
                                              Monday – 25th
                          November, 2004 - Monday – 8th
                                           Monday – 22nd
                          December, 2004 - Monday – 6th             (1st Monday)
                                           Monday – 13th            (2nd Monday)
                          January, 2005 -     Monday – 10th

                                       Page 17 of 127
                                              Monday – 24th
                         February, 2005 -     Monday – 14th        (Valentines Day)
                                              Monday – 28th
                         March, 2005 -        Monday – 14th
                                              Monday – 28th
                         April, 2005 -        Monday – 11th
                                              Monday – 25th
                         May, 2005 -          Monday – 9th
                                              Monday – 23rd
                         June, 2005 -         Monday – 13th
                                              Monday – 27th
     FURTHER, the Clerk is hereby directed to post a copy of this resolution in a prominent
     place, in the City Office of the City of Swartz Creek; and
     FURTHER, the City Clerk is hereby directed, to supply on request, a copy of this
     resolution to any newspaper of general circulation in the political subdivision in which
     the meeting will be held and to any radio or television station that regularly broadcasts
     into the City of Swartz Creek.

     Second by Councilmember: _______________

     Voting For: ______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-9E            FISCAL YEAR END ADJUSTMENTS

     Motion by Councilmember: ________________

     WHEREAS, Act 621 of P.A. of 1978 provides for a uniform budgeting system for local
     units of government, and
     WHEREAS, Act 275 of P.A. of 1980 further prohibits deficit spending by local units of
     government, and
     WHEREAS, the City of Swartz Creek’s 2003 - 2004 Fiscal Budget is not in deficit;
     however, certain department activity line items may be in deficit.
     THEREFORE BE IT RESOLVED, the Swartz Creek City Council hereby authorize and
     direct the City Manager to make all necessary year end budget adjustment
     amendments.

     Second by Councilmember: _______________

     Voting For: ______________________________________________________
     Voting Against: ___________________________________________________

                                   Page 18 of 127
Motion No. 040614-9F              ORDINANCE AMENDMENT, SEWER TAP FEES

      Motion by Councilmember: ________________

      I Move the Swartz Creek City Council Adopt ordinance # 378, an ordinance to amend
      Section 19-93 of Article IIII of Chapter 19 of the Code of Ordinances of the City of
      Swartz Creek to increase the tap-in fees for connections to the city’s sanitary sewer
      system.

                              CITY OF SWARTZ CREEK

                                 ORDINANCE NO. 378

An ordinance to amend Section 19-93 of Article IIII of Chapter 19 of the Code of Ordinances of
the City of Swartz Creek to increase the tap-in fees for connections to the city’s sanitary sewer
system.

THE CITY OF SWARTZ CREEK ORDAINS:

Section 1.
      Section 19-93 of Article IIII of Chapter 19 of the Code of Ordinances of the City of
      Swartz Creek is hereby amended to read as follows:
      Sec. 19-93. Tap-in fees.
      (a) There shall be paid, with respect to all structures connecting to the sanitary sewer
      system of the city, a sewer tap-in fee pursuant to the following schedules:
             (1)   Single-family residence--$1,500;
             (2)   Multiple-family residence--$1,500 per unit.

      (b) All other uses connecting to the sanitary sewer system of the city shall be required
      to pay tap-in fees at the rate of one-thousand, five hundred dollars ($1,500) per unit
      factor, pursuant to the unit factor table provided for in section 19-94. However, in no
      case shall tap-in fees be less than one-thousand, five hundred dollars ($1,500),
      provided that schools shall pay fees for tapping into the system at the rate of one-
      thousand, five hundred dollars ($1,500) per unit factor pursuant to the following unit
      factor table:
             (1)   Schools (cafeterias without showers and/or pool)--1.5 per classroom;
             (2)   Schools (showers and/or pool)--2.0 per classroom;
             (3)   Schools (showers, gym, cafeteria)--2.5 per classroom
      (c)  Furthermore, for any structure used generally for more than one (1) purpose,
      connection fees shall be determined by applying the appropriate unit factors as shown


                                      Page 19 of 127
      in section 19-94, as amended, to the various uses on any level or grade plane of the
      structure, provided that it is intended that the fees so derived shall be cumulative.

Section 2.   Effective Date.
      This Ordinance shall take effect 30 days after publication.

      Voting for:
      Voting against::
      Absent::
      The Mayor declared the ordinance adopted.
_________________________________
Richard Abrams, Mayor
                                    CERTIFICATION

The forgoing is a true copy of Ordinance 378 which was enacted by the Swartz Creek City
Council at a regular meeting held Monday the 14th Day of June, 2004.

___________________________________                          Publish Date:
Mary Jo Clark, City Clerk                                    Effective Date:

      Second by Councilmember: _______________

      Voting For: ______________________________________________________
      Voting Against: ___________________________________________________


Motion No. 040614-9G             AUTHORIZATION TO PROCEED, WESTERN TRUNK
                                 SEWER EXTENSION PHASE II, WATER MAIN PROJECT

      Motion by Councilmember: ________________

      I Move the Swartz Creek City Council authorize the City Manager to negotiate in behalf
      of the City, with the Genesee County Drain Commission’s Water and Waste Services
      Office, to participate in the Western Trunk Sanitary Sewer Extension Phase II, Parts A,
      B, C & D, and the Western Trunk Water Loop Project, and further, to tentatively commit
      an amount not to exceed $500,000 total contribution to the projects along with the
      conveyance of water mains from Van Vleet Road to Brown Road at Goodall Road, and
      certain property owned by the City located at Brown and Goodall Roads in Shiawassee
      County, and a water tower located at Miller Road and Seymour Road, and further, to
      bring such agreement(s) and contract(s) back to the City Council for review and final
      approval.

      Second by Councilmember: _______________

      Voting For:_______________________________________________________
      Voting Against: ___________________________________________________


                                     Page 20 of 127
Motion No. 040614-9H              SET PUBLIC HEARING, AMENDMENT TO CITY’S FIVE
                                  YEAR PARKS AND RECREATION PLAN

      Motion by Councilmember: ________________

      I Move the Swartz Creek City Council set a public hearing, to be held at the regular
      council meeting of Monday June 28, 2004, at 7:00 P.M., for the purpose of hearing
      comments for a proposed amendment to the City’s five-year Parks and Recreation Plan,
      amendment to provide for the creation of a sport complex and non-motorized trail-way.

      Second by Councilmember: _______________

      Voting For:_______________________________________________________
      Voting Against: ___________________________________________________


Motion No. 040614-9I              ADOPT CITY ENGINEERING AND CONSTRUCTION
                                  STANDARDS SPECIFICATION MANUAL

      Motion by Councilmember: ________________

      I Move the Swartz Creek City Council adopt the engineering and construction standards
      specifications reference guide, a copy of which is attached hereto, and further, provide
      for its interpretation, application and enforcement within the office of the City’s Building
      Inspector, disputes, in accordance with law, to be referred to the Construction Board of
      Appeals.

      Second by Councilmember: _______________

      Voting For:_______________________________________________________
      Voting Against: ___________________________________________________


Motion No. 040614-9J              PETITION, EXTEND GENESEE COUNTY’S SPRAGUE
                                  DRAIN #0513 THROUGH SPORTS CREEK RACEWAY,
                                  GATEWAY MANOR AND BURKESHIRE MANOR

      Motion by Councilmember: ________________

      WHEREAS, the City of Swartz Creek approved a final site plan in the mid 1980’s for
      Sports Creek Raceway, a 106 acre development for harness horse racing, and;

      WHEREAS, a condition of site plan approval was adequate management of storm and
      surface water drainage and runoff, and;

      WHEREAS, the storm and surface water runoff system was designed to handle surface
      and storm water runoff from Sports Creek Raceway and stubbed to adjoining
      undeveloped property’s in anticipation of future developments, and;

                                     Page 21 of 127
WHEREAS, the drainage basin for Sports Creek Raceway includes all adjoining
properties and flows north and westerly into the Genesee County Sprague Drain #0513,
a portion of which extends into the Sports Creek Raceway’s west side property, and;

WHEREAS, The City’s Engineers require easements, public drainage ways or
agreements to cross property when approving drainage systems for new developments
and Sports Creek Raceway has refused all requests and attempts to willingly provide
such access and there are no other solutions for managing surface and storm water
runoff for property’s to the southeast or south, and;

WHEREAS, Fore-Burkeshire Manor, an apartment complex, has been recently
constructed on the southeastern boundary of Sports Creek Raceway, said complex
allowed by the City under a temporary retention pond to which storm and surface water
runoff are held without an outlet for drainage, and;

WHEREAS, Fore-Burkeshire Manor Apartments’ retention arrangement has created a 2
acre, 20’ deep reservoir of retained water with no outlet, that continues to expand
creating a public health hazard, specifically to the number of children to which the
complex houses, and;

WHEREAS, the City has denied a site plan request to build 200+ single family
residences to the south of Sports Creek Raceway based on the inability to properly
manage surface and storm water runoff, the only solution being to access drainage
across property belonging to Sports Creek Raceway, and;

WHEREAS, the parties have negotiated for more than a year with little hope that the
matter will be resolved.

NOW THEREFORE, BE IT RESOLVED, that the City of Swartz Creek makes and
causes to be filed a petition in form substantially as follows:

                                   PETITION

TO THE DRAIN COMMISSIONER FOR THE
HEREINAFTER MENTIONED GENESEE
COUNTY, MICHIGAN DRAIN PROJECT

The undersigned public corporation hereby petitions for the Cleaning, Deepening,
Widening, Straightening, Tiling & Extending of Intra-County Drain(s), the Sprague
#0513, the location and route of said drain project to be approximately as follows:

Being part of the Southwest 1/4 of Section 35, T7N-R5E, City of Swartz Creek,
Genesee County, Michigan, more particularly described as: Commencing at a point on
the existing Sprague Drain as on file in the Genesee County Drain Commissioner’s
Office, which is located along the west 1/8 line of said section, 381.39 feet S01°8’W of
the east-west quarter line; Thence N88°46’E, 45.36 feet; Thence S00°38’E, 217.43 feet;
Thence S45°00’W, 50.00 feet; Thence S01°26’E, 620.00 feet; Thence S45°00’E, 50.00
feet to the Point of Terminus.

                              Page 22 of 127
      Which drain project is necessary for the public health and is located within the limits of
      the City of Swartz Creek.

      This petition is filed pursuant to the provisions of Chapter 19 of Act No. 40 of the Public
      Acts of 1956, as amended.

      It is understood that the cost of said project is to be assessed against the drainage
      district as determined by the Drain Commissioner.

      A certified copy of the resolution of the governing body of the public corporation
      authorizing its execution is hereto attached.

      BE IT FURTHER RESOLVED, that the Mayor and Clerk be and hereby are authorized
      and directed to execute said petition for and on behalf of the City of Swartz Creek and
      to file same with the Drain Commissioner of the County of Genesee.

      BE IT FURTHER RESOLVED, that the City of Swartz Creek hereby consents to this
      Intra-County drain project and to an assessment at large for a percentage of the total
      amount assessed for the cost of the proposed work.

      Second by Councilmember: _______________

      Voting For: ______________________________________________________
      Voting Against: ___________________________________________________

      The resolution was declared adopted.

      ___________________________________
      Mayor, City of Swartz Creek


      ___________________________________
      Clerk, City of Swartz Creek


STATE OF MICHIGAN )
                  ) SS.
COUNTY OF GENESEE )


I, the undersigned, do hereby certify that the foregoing is a true and complete copy of a
resolution adopted by the City of Swartz Creek, Genesee County, Michigan, at the meeting
above indicated, the original of which is on file in my office.


IN WITNESS WHEREOF, I have hereunto affixed my official signature this _____ day of
__________, 2004.


                                     Page 23 of 127
___________________________________
Clerk, City of Swartz Creek




Motion No. 040614-9K              2004-2007 FIRE AGREEMENT

       Motion by Councilmember: ________________

       I Move the Swartz Creek City Council approve the 2004-2007 Fire Agreement between
       the City and Clayton Township, a copy of which is attached hereto, and further, direct
       the Mayor and City Clerk to execute the agreement in behalf of the City.


       SWARTZ CREEK - CLAYTON TOWNSHIP FIRE DEPARTMENT AGREEMENT

It being the desire of the City of Swartz Creek and the Township of Clayton to enter into an
agreement providing for fire protection services within the boundaries of each political
subdivision in accordance with the Urban Cooperation Act, being Act 7 of the Public Acts of
1967 (Ex Sess) (MCL 124.501, et seq.). Therefore, in consideration of the assets of each
being contributed to provide such service and the mutual covenants hereinafter provided, is
agreed between the said City of Swartz Creek, hereinafter referred to as “City,” and the
Township of Clayton, hereinafter referred to as “Township,” as follows:

  1.   Commensurate with the execution of this Agreement the City and the Township each
       shall appoint three representatives to a Board which shall be known as the “Swartz
       Creek – Clayton Township Fire board,” hereinafter referred to as “Board.”
          A. No active Swartz Creek or Clayton Township firefighter, volunteer or otherwise,
             except as provided in subparagraph (e) below, shall be a member of the Board.
          B. Said Board shall be composed of seven (7) members.
          C. In addition to the appointments provided for above, a seventh member shall be
             appointed as hereinafter provided, before April 1st.
          D. The seventh member shall be appointed on an alternating basis between the
             parties with the City making the first such appointment. Such member shall be
             appointed as and be designated as the “at-large” member.
          E. The Fire Chief shall be an ex-officio member without voting rights.

  2.   Appointments to the Board shall be governed by the following:
          A. Of the appointees, other than at-large, of the City and the Township one shall be
             a member of the governing body of each and the other members shall be a
             resident of the appointing authority and shall hold no other public office, by way
             of election, within the governmental unit wherein the appointees reside.




                                     Page 24 of 127
       B. Each of the appointees, other than at-large, shall serve if otherwise qualified,
          until the appropriate appointing authority chooses a successor.
       C. The at-large member shall be appointed for a term of one year commencing on
          April 1 of each year and at the completion of said term the appropriate appointing
          authority shall designate its appointee.
       D. Vacancies shall be filled by the appropriate appointing authority consistent with
          the provisions contained herein related to appointees to the Board.
       E. Members of the Board, including the at-large member, shall hold office until their
          replacement is appointed as provided herein.

3. The Board shall appoint its own officers and shall adopt rules and regulations governing
   the conduct of its meetings and the duties and responsibilities given to it; provided,
   however, a quorum of its membership shall be no less than five (5) members and no
   action by the Board shall be effective unless upon an affirmative vote of five (5) of its
   members.

4. The Board shall have the exclusive authority to manage and operate the provision of fire
   protection services to the City and Township and shall have, except as otherwise
   provided or limited by the terms hereof, such power as may be required for the faithful
   performance of its duties; provided further, however, that the Board shall not have the
   authority to hire or otherwise retain full-time or part-time personnel without the express
   written approval of the governing bodies of each party hereto.

5. The City and Township each designate the following fire halls within its boundaries which
   shall be placed at the disposal of the Board for its use during the effective period of this
   Agreement:
       1) Township of Clayton at 1494 S. Seymour.
       2) City of Swartz Creek at 8100-B Civic Drive.
    Such use shall be subject to the following:
       A. The City and Township shall each retain ownership of or lease rights to the fire
          halls so designated and the Board shall have no power to authorize its use for
          other than the providing of fire protection services to the City and Township and
          shall further have no authority to alienate the title of the respective governmental
          units.
       B. The Board shall be responsible for maintenance and repairs for the structures at
          1494 Seymour Road and 8100-B Civic Drive, during the effective period of this
          Agreement.
           Excepting for maintenance and repair of said structures, no additions and/or
           alternations to said structures may be made without the express prior written
           approval of the governmental unit owning said structure; provided, however, that
           upon termination of this Agreement such additions and/or improvements shall
           become the property of the governmental unit owning said structure.


                                   Page 25 of 127
6. The Board shall secure and keep in force and effect during the effective period of this
   Agreement appropriate property damage and public liability insurance insuring its
   activities in such amounts as it sees fit; however, in no instance shall such limits of
   insurance be less than One Million Dollars ($1,000,000.00) Single Limit Public Liability
   and Property Damage Policy, with a Three Million Dollar ($3,000,000.00) Umbrella. In
   addition thereto, and according to law, the board shall secure and keep in force and
   effect during the effective period of the agreement, appropriate workmen’s compensation
   insurance coverage.

7. The City and Township shall each have an undivided one-half (1/2) interest in and to all
   assets of the Board, an inventory of which shall be prepared annually by the Board and
   filed with the City and Township as provided in paragraph 12, hereof; provided; however,
   that such one-half (1/2) interest in and to the assets of the Board shall not include the fire
   halls designated in paragraph five (5) hereof.

8. That a certain 1979 Mini Pumper, Serial No. W41CT9138438, presently owned by the
   Township, shall be and is hereby placed at the use of the Board within the terms of this
   Agreement, except as hereinafter provided. Provided further that the use of said vehicle
   by the board shall be subject to the following:
        A. That the Board shall be responsible for and maintain public liability and property
           damage insurance upon said vehicle with the Township being co-insured.
        B. That said vehicle shall remain titled in the name of the Township.
        C. That upon dissolution of said Agreement creating the Swartz Creek –Clayton
           Township Fire Department, said vehicle shall be returned to the Township and/or
           the Township shall have the right to summary repossession of said vehicle. It
           being specifically intended that the Board retain no control, whatsoever, over said
           vehicle upon dissolution of said Swartz Creek – Clayton Township Fire
           Department.

9. That a certain 1979 Mini Pumper, Serial No. CKL339B160091, presently owned by the
   City, shall be and is hereby placed at the use of the Board within the terms of this
   Agreement, excepting as hereinafter provided. Provided further that the use of said
   vehicle by the board shall be subject to the following:
        A. That the Board shall be responsible for and maintain public liability and property
           damage insurance upon said vehicle with the City being co-insured.
        B. That said vehicle shall remain titled in the name of the City.
        C. That upon dissolution of said Agreement creating the Swartz Creek – Clayton
           Township Fire Department, said vehicle shall be returned to the City and/or the
           City shall have the right to summary repossession of said vehicle. It being
           specifically intended that the Board retain no control, whatsoever, over said
           vehicles upon dissolution of said Swartz Creek – Clayton Township Fire
           Department.

10. Nothing contained herein shall prohibit the City or the Township acting by and through
    its governing body to acquire such additional equipment and/or to provide such

                                    Page 26 of 127
     additional services as it sees fit to be used within its boundaries. Such additional
     equipment and/or services provided shall not be subject to the terms of this Agreement.

11. Within ninety (90) days following the effective date of this Agreement or any amendment
    thereto the Board shall cause to be filed with the City and the Township an inventory of
    the assets of the Board, and shall thereafter annually file such inventory with the City
    Clerk and the Township Clerk.

12. The Board, without the express written approval of the governing bodies of each party
    hereto, shall have no power and/or authority to hire full or part-time employees and shall
    provide the fire protection services provided for herein through the use of paid on-call
    firefighters. Nothing contained herein shall prohibit the Board from contracting with a
    volunteer or on-call organization for services on an as needed basis.

13. The board shall not have the authority to provide fire protection services to other
    governmental units, by contract or otherwise, without first obtaining the approval of the
    City and the Township before such services are rendered; provided, however, that such
    prohibition shall not extend to the participation by the board in a mutual aid pact with
    other units of government.

14. All of the assets of the Board shall be housed at the fire halls designated within
    paragraph 5 of this Agreement in such quantities, as shall within the discretion of the
    Board provide maximum efficient fire protection services for the areas to be provided
    such service.

15. The Board shall provide for the keeping of books and records regarding its operation.
    The keeping of such books and records shall conform to generally accepted accounting
    principles. The board shall provide for an annual audit of its revenue and expenditures
    and through the services of a certified public accountant of its choice and shall have
    served upon the City and the Township a copy of such audit.

16. The Board shall prepare an annual proposed budget, using January 1 to December 31
    as its fiscal year, of its anticipated needs and shall forward same to the City and
    Township for approval by each. Such proposed budget shall be prepared and
    submitted as hereinafter provided sixty (60) days prior to December 31st of each year.
    Upon approval by the City and Township each shall appropriate its share as
    hereinbefore provided, of needed revenues for transmittal to the Board for its use. The
    Board shall not exceed the budget as approved by the City and Township without
    express prior approval by the City and Township who, concurrent with such approval
    shall appropriate such sums as are necessary to finance such budget. Once approved
    the Board shall expend funds pursuant to the adopted budget; provided, however, the
    board shall have the authority within a single year, without the approval of the City and
    Township, to amend line item expenditures not to exceed ten percent (10%) of the
    amount budgeted at the beginning of the fiscal year, so long as the total budget is not
    exceeded. Line item budget amendments exceeding ten percent (10%) singularly or
    cumulatively in a single fiscal year shall require approval of both the City and Township.

17. Except as to the labor costs attendant with each fire run, the entire cost of providing fire
    protection services as agreed to herein shall be borne by the City and Township

                                    Page 27 of 127
      equally. As to labor costs attendant with each fire run, it is hereby agreed that such cost
      shall be borne solely by the party, City or Township, wherein the service is provided.
      Such costs shall be provided for in budget required by paragraph (16) hereof.

18. The City and Township herewith agree that each will appropriate such sums as are
    required, pursuant to the budget presented by the Board and approved by the City and
    Township, and that once approved such sums as each are required to contribute shall
    be a debt of each notwithstanding any subsequent disagreement between the parties.

19. The Board shall conduct its business by and through the name “Swartz Creek – Clayton
    Township Fire Department.”

20. This Agreement shall remain in force and effect for a period of three years from and
    after the effective date provided herein. Effective date of this Agreement is April 1,
    2004.

21. The expiration of this Agreement upon the passage of three years as provided in
    paragraph 20, above, shall not operate to relieve the City or the Township of its financial
    obligations hereunder. The financial obligations of each pursuant to this Agreement
    shall continue until all termination activities set forth in paragraph 22, below, are
    completed.

22. Upon termination hereof the Board shall proceed as follows:
         A. The Board, at least sixty (60) days prior to termination, shall cause its last annual
            inventory to be made current.
         B. The Board shall cause an appraisal to be made of the assets under its control.
         C. The Board shall attempt to assign the assets to the parties consistent with the
            provisions hereof and if agreement is reached by the Board to recommend such
            assignment to the City and Township.
         D. The Board shall cause said appraisal to be made and shall forward its
            recommendations as to assignment of the assets within thirty (30) days of
            termination as provided for herein.
         E. Notwithstanding the termination date and/or its attempts to assign the assets, the
            Board shall continue to perform its duties and obligations until the effective date
            of the termination.

23.   The parties shall not be required to await the recommendation of the Board, if any,
      relative to assignment of the assets and may commence negotiations relative to
      assignment of assets prior to the termination date; provided, however, the parties by
      and through their respective governing bodies, shall meet no less than sixty (60) days
      prior to effective date of termination, if agreement or assignment of assets has not
      otherwise occurred, to negotiate assignment of assets and/or the providing for an
      orderly transition and continuing of fire protection services beyond the termination date.




                                     Page 28 of 127
TOWNSHIP OF CLAYTON:

By: ________________________________________ Dated: ____________________
         Rod Shumaker, Township Supervisor


By: ________________________________________ Dated: ____________________
         Sally Lurvey, Township Clerk

CITY OF SWARTZ CREEK:

By: ________________________________________ Dated: ____________________
            Richard B. Abrams, Mayor


By: ________________________________________ Dated: ____________________
            Mary Jo Clark, City Clerk


     Second by Councilmember: _______________

     Voting For: ______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-9L           LABOR, ELIMINATION / CREATION OF POSITION

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council approve the elimination of AFSCME
     Administrative Assistant Accounts Payable – Receivable position and create the
     position of Deputy Clerk – Deputy Treasurer within the Supervisor’s Association Unit
     with a salary of $40,000 per year, and further, direct the City Manager to create and
     place on file an appropriate job description.

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-9M           APPOINTMENT, DEPUTY CLERK – DEPUTY
                               TREASURER

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council accept the recommendation of the City Manager
     and appoint DeAnna Korth to the position of Deputy Clerk - Deputy Treasurer.


                                  Page 29 of 127
     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-10A          SPECIAL LAND USE PERMIT, FIRST BAPTIST CHURCH

     Motion by Councilmember: ________________

           I Move the Swartz Creek City Council accept the recommendation of the
           Planning Commission and approve a Special Land Use – 5372 Seymour Road –
           Tax I.D. 58-30-400-002 – for installation and use of a temporary trailer by the
           First Baptist Church of Swartz Creek, Applicant / Owner, in accordance with the
           Site Plan provided and subject to the following conditions:
           1.    Installation of smoke detectors;
           2.    Installation of carbon monoxide detectors;
           3.    Installation of underground electric and gas, 25 feet and 15 feet from
                 existing structures;
           4.    Repainting of the unit to match current structures;
           5.    Addition of new skirting;
           6.    Installation of wheelchair ramps at all exits;
           7.    Removal by September 9, 2005;
           8.    Entering into an agreement with the City to remove the unit by the City if it
                 has not been removed by September 9, 2005; and
           9.    Use of the trailer to be at the discretion of First Baptist Church.
          10.    Approval of Resolution # 040614-10B, Site Plan Amendment

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-10B          SITE PLAN AMENDMENT, FIRST BAPTIST CHURCH

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council accept the recommendation of the Planning
     Commission and approve the Site Plan for Amendment of Resolution Nos. 020909-08
     and 020909-09 – 5372 Seymour Road – Temporary Use of Trailer for Classrooms –
     Tax I.D. No. 58-30-400-002 – First Baptist Church, Applicant/Owner.

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


                                  Page 30 of 127
Motion No. 040614-10C            AGREEMENT, FIRST BAPTIST CHURCH, TEMPORARY
                                 STRUCTURE

      Motion by Councilmember: ________________

      I Move the Swartz Creek City Council enter into an agreement that provides for time
      limits and removal of a temporary classroom structure, allowed under a limited Special
      Land Use Permit, a copy of which is attached hereto, and further, direct the Mayor and
      City Clerk to execute the agreement in behalf of the City.

                               TEMPORARY USE AGREEMENT
                                        between the
                                 CITY OF SWARTZ CREEK
                                          and the
                         FIRST BAPTIST CHURCH OF SWARTZ CREEK


      This agreement is made this ___ day of June, 2004 by and between the First Baptist
Church of Swartz Creek, 5372 Seymour Rd., Swartz Creek, MI 48473 (“Church”) and the City
of Swartz Creek, 8083 Civic Drive, Swartz Creek, MI 48473 (“City”).

       WHEREAS, the Church has received site plan approval from the City for the
construction of an expansion to the Church’s facility at 5372 Seymour Rd.; and

      WHEREAS, part of the Church’s expansion will consist of classroom space; and

       WHEREAS, the Church has applied for approval to place a 24’ by 36’ modular trailer on
the premises at 5372 Seymour Rd. for use as a temporary classroom until the planned
classroom space can be built; and

        WHEREAS, the proposed temporary use meets the definition of temporary use in
Article II of the City’s zoning ordinance; and

       WHEREAS, pursuant to Section 19.04 (A)((5) of the City’s zoning ordinance, the city
council has the authority to authorize such a temporary use;

        WHEREAS, the City desires to have the terms and conditions of such temporary use
set forth in this agreement;

      NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:

1.     The City, upon the Church complying with all of the terms and conditions set forth
herein, hereby authorizes the Church to locate a 24’ by 36’ modular trailer on the premises at
5372 Seymour Rd. for use as a temporary classroom building.

2.     Such temporary use shall be permitted only from the date of this agreement until the 9th
day of September, 2005 (the “Use Period”)


                                     Page 31 of 127
3,    All electrical and utility connections shall be approved by the City’s building code official
and said temporary classroom building may not be occupied until an occupancy permit for
same has been issued by the City.

4.       If the temporary classroom building is not removed from the premises by the 16th day of
September, 20005, the City may take all necessary action to remove same and may specially
assess the cost of same against the premises and said amount shall be assessed on the tax
bill for the premises and shall be collected as unpaid taxes, with the City having a lien on the
premises for such amount until paid.

5.    The Church shall provide adequate off street parking, as determined by the City, for
users of the temporary classroom building for the entire Use Period

      The parties hereto, acting by and through their duly authorized representatives, have
executed this agreement as of the date first above written.

CITY OF SWARTZ CREEK                      FIRST BAPTIST CHURCH
                                          OF SWARTZ CREEK

______________________                    ________________________
Richard Abrams, Mayor                     Its:

______________________                    ________________________
Mary Jo Clark, City Clerk                 Its:


Approved as to form

__________________
Richard J. Figura
City Attorney

       Second by Councilmember: _______________

       Voting For:_______________________________________________________
       Voting Against: ___________________________________________________


Motion No. 040614-10D              PLANNING COMMISSION APPOINTMENT, BUD GRIMES

       Motion by Councilmember: ________________

       I Move the Swartz Creek City Council accept the resignation of Joyce Wilson, and
       approve the Mayor’s appointment of Bud Grimes to the Planning Commission, for a
       term expiring on June 30, 2007.

       Second by Councilmember: _______________

       Voting For:_______________________________________________________
       Voting Against: ___________________________________________________

                                      Page 32 of 127
Motion No. 040614-10E         PLANNING COMMISSION RE-APPOINTMENT, KATHY
                              RIDLEY

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council approve the Mayor’s re-appointment of Kathy
     Ridley to the Planning Commission, for a term expiring June 30, 2007.

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-10F         METROPOLITAN ALLIANCE COMMITTEE
                              APPOINTMENT, RON SCHULTZ

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council approve the Mayor’s appointment of Ron Schultz
     to the Genesee County Metropolitan Alliance Committee, for a term expiring November
     2, 2004.

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________


Motion No. 040614-10G         TAX BOARD OF REVIEW RE-APPOINTMENT, THOMAS
                              MACGILLIVARY

     Motion by Councilmember: ________________

     I Move the Swartz Creek City Council approve the Mayor’s re-appointment of Thomas
     MacGillivary to the Tax Board of Review, for a term expiring June 30, 2007.

     Second by Councilmember: _______________

     Voting For:_______________________________________________________
     Voting Against: ___________________________________________________




                                 Page 33 of 127
                               City of Swartz Creek
                            COUNCIL MEETING MINUTES
                                 (Meeting of May 24, 2004)


                               CITY OF SWARTZ CREEK
                              SWARTZ CREEK, MICHIGAN
                          MINUTES OF THE COUNCIL MEETING
                                    DATE 05/24/04

The meeting was called to order at 7:00 p.m. by Mayor Abrams in the Swartz Creek City
Council Chambers, 8083 Civic Drive.

Invocation and Pledge of Allegiance to the Flag given.

Councilmen Present:      Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.

Councilmen Absent:       None.

Staff Present:           City Manager Bueche, City Clerk Clark, Department of Community
                         Services Director Svrcek, Zoning Administrator O’Brien, Assistant
                         Adam Zettel, and Attorney Michael Gildner.

Others Present:          Terry O’Brien, Boots Abrams, Steve Warren, Jim Florence, Ron
                         Schultz, Chris Locking, Vanessa Harris, and David Leyton.

Mayor Abrams introduced David Leyton. Mr. Leyton advised he is a candidate for Prosecuting
Attorney from Genesee County on the Democratic ticket, and also brought greetings from Flint
Township where he has served for 12 years.

APPROVAL OF PREVIOUS COUNCIL MINUTES:

      Resolution No. 040524-01                                          (Carried)
             Motion by Councilmember Porath,
             Second by Councilmember Adams,
             The Swartz Creek City Council hereby approves the Minutes of the Regular
             Council Meeting held May 10, 2004, to be circulated and placed on file.

Councilmember Shumaker questioned the closing of Civic Drive during Hometown Days.

             YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
             NO: None. Motion declared carried.

APPROVAL OF AGENDA:

      Resolution No. 040524-02                             (Carried as amended)


                                     Page 34 of 127
               Motion by Mayor Pro-Tem Christie,
               Second by Councilmember Hurt,
               Swartz Creek City Council approves the Agenda for the Regular Council Meeting
               of May 24, 2004, with the addition of 9H, Set Public Hearing for Truth in Taxation
               Hearing, then to be circulated and placed on file.
               YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
               NO: None. Motion declared carried.

REPORTS:

City Manager’s Report

        Resolution No. 040524-03                                            (Carried)
               Motion by Councilmember Shumaker,
               Second by Councilmember Hurt,
               The Swartz Creek City Council approves the City Manager’s Report of May 24,
               2004, as presented, to be circulated and placed on file.

Discussion took place regarding the State DEQ as it relates to the Winshall Park Arson
Reconstruction, the possible extension of Sprague Drain No. 0513, and the proposed Park
Plan Amendment.

               YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
               NO: None. Motion declared carried.

All reports were received and placed on file.

COMMUNICATIONS TO COUNCIL:

        •   Letter, Genesee County Metropolitan Planning Commission, Master Plan
        •   Information, County Water and Waste Services, Water Rate Increase
        •   Letter, Mayor’s Exchange
        •   Mayor Dennis Allen Memorial Card, Article

MEETING OPENED TO THE PUBLIC:

None.

OLD BUSINESS:

2004-2005 Fiscal Budget – Public Hearing

There was no one present wishing to address Council regarding the 2004-2005 Fiscal Budget.

Amend 2004-2005 Proposed Fiscal Year Budget

        Resolution No. 040524-04                                            (Carried)


                                      Page 35 of 127
            Motion by Councilmember Plumb,
            Second by Councilmember Adams,
            The Swartz Creek City Council amends the proposed 2004-2005 Fiscal Budget
            and creates two additional projects, a non-motorized walkway and a baseball
            complex; and, further, appropriates an amount not to exceed $15,000 plus 10%
            contingency, for preliminary design engineering and application fees, funds to be
            allocated from appropriate funds at the direction of the City Manager.

The meeting recessed at 7:27 p.m., and reconvened at 7:29 p.m.

Staff member Adam Zettel explained to those present the conceptual plan relative to a non-
motorized walkway, as delineated on a map included in the Council packet. He also spoke
regarding a possible baseball park. Vanessa Harris of ROWE explained possible funding
options.

Discussion ensued.

            YES: Abrams, Adams, Christie, Hurt, Porath, Shumaker.
            NO: None. Motion declared carried.

Grant and Design Engineering Projects - Appropriation

      Resolution No. 040510-09                                          (Carried)
            Motion by Councilmember Adams,
            Second by Councilmember Hurt,
            The Swartz Creek City Council approves Motions 040524-9C through 040524-
            9F, allowing for grant and design engineering appropriations, inclusive of all
            stipulations and conditions as specified and listed within.

      Motion No. 040524-9C         PROJECT APPROPRIATION: DESIGN ENGINEERING,
                                   GRANT APPLICATION FEES AND AMENDMENT TO
                                   CITY’S FIVE YEAR PARKS AND RECREATION PLAN,
                                   M.D.N.R. TRUST FUND GRANT FOR LAND
                                   ACQUISITION (CREATE SPORTS PARK)

                   I Move the Swartz Creek City Council appropriate an amount not to
            exceed $2,750 plus 10% contingency, to Rowe engineering for design, cost
            estimates, preliminary grading, application preparation and an amendment to
            the City’s five year Parks and Recreation Plan, to apply for a Michigan
            Department of Natural Resources Trust Fund Grant for land acquisition, for
            the purpose of constructing a Base Ball Sports Complex, and further, to
            bring the results and findings back to the Council for final determination and
            approval to proceed.
      Motion No. 040524-9D         PROJECT APPROPRIATION: DESIGN ENGINEERING,
                                     GRANT APPLICATION FEES, M.D.N.R. LAND


                                   Page 36 of 127
                             WATER CONSERVATION GRANT FUND                      FOR
                             DEVELOPMENT TO CREATE SPORTS PARK

             I Move the Swartz Creek City Council appropriate an amount not to
      exceed $2,750 plus 10% contingency, to Rowe engineering for application
      preparation to apply for a Michigan Department of Natural Resources Land
      Water Conservation Fund Grant for the purpose of developing a Base Ball
      Sports Complex and integrated non motorized trail way system, and further
      to bring the application back to the Council for final determination and
      approval to proceed.
Motion No. 040524-9E         PROJECT APPROPRIATION: DESIGN ENGINEERING,
                             FEASIBILITY STUDY AND      TRANSPORTATION
                             INITIATIVE PROGRAM APPLICATION, CREATE NON-
                             MOTORIZED TRAIL-WAY

             I Move the Swartz Creek City Council appropriate an amount not to
      exceed $6,000 plus 10% contingency, to Rowe engineering for feasibility,
      design, cost estimates, parcel identification and conceptual drawings for
      application preparation, to apply for a Transportation Initiative Program
      (T.I.P.) Grant, for the purpose of constructing a city-wide non motorized
      trail-way, and further, to bring the results and findings back to the Council
      for final determination and approval to proceed.

Motion No. 040524-9F         PROJECT APPROPRIATION: DESIGN ENGINEERING,
                             FEASIBILITY STUDY AND     TRANSPORTATION
                             ENHANCEMENT GRANT APPLICATION, CREATE
                             NON-MOTORIZED TRAIL-WAY

             I Move the Swartz Creek City Council appropriate an amount not to
      exceed $3,500 plus 10% contingency, to Rowe engineering for application
      preparation to apply for a Transportation Enhancement Act Grant for the
      purpose of constructing a city-wide non motorized trail-way, and further, to
      bring the results and findings back to the Council for final determination and
      approval to proceed.
Discussion took place regarding the types of grants.
            YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
            NO: None. Motion declared carried.
Petition – Extend Sprague Drain #0513
      Resolution No. 040524-10                      (Postponed by 040524-11)
            Motion by Councilmember Hurt,

                             Page 37 of 127
      Second by Mayor Pro-Tem Christie,
WHEREAS, the City of Swartz Creek approved a final site plan in the mid 1980’s
for Sports Creek Raceway, a 106 acre development for harness horse racing,
and;
WHEREAS, a condition of site plan approval was adequate management of
storm and surface water drainage and runoff, and;
WHEREAS, the storm and surface water runoff system was designed to handle
surface and storm water runoff from Sports Creek Raceway and stubbed to
adjoining undeveloped property’s in anticipation of future developments, and;
WHEREAS, the drainage basin for Sports Creek Raceway includes all adjoining
properties and flows north and westerly into the Genesee County Sprague Drain
#0513, a portion of which extends into the Sports Creek Raceway’s west side
property, and;
WHEREAS, The City’s Engineers require easements, public drainage ways or
agreements to cross property when approving drainage systems for new
developments and Sports Creek Raceway has refused all requests and attempts
to willingly provide such access and there are no other solutions for managing
surface and storm water runoff for property’s to the southeast or south, and;
WHEREAS, Fore-Burkeshire Manor, an apartment complex, has been recently
constructed on the southeastern boundary of Sports Creek Raceway, said
complex allowed by the City under a temporary retention pond to which storm
and surface water runoff are held without an outlet for drainage, and;
WHEREAS, Fore-Burkeshire Manor Apartments’ retention arrangement has
created a 2 acre, 20’ deep reservoir of retained water with no outlet, that
continues to expand creating a public health hazard, specifically to the number of
children to which the complex houses, and;
WHEREAS, the City has denied a site plan request to build 200+ single family
residences to the south of Sports Creek Raceway based on the inability to
properly manage surface and storm water runoff, the only solution being to
access drainage across property belonging to Sports Creek Raceway, and;
WHEREAS, the parties have negotiated for more than a year with little hope that
the matter will be resolved.
NOW THEREFORE, BE IT RESOLVED, that the City of Swartz Creek makes
and causes to be filed a petition in form substantially as follows:

                                PETITION
TO THE DRAIN COMMISSIONER FOR THE
HEREINAFTER MENTIONED GENESEE
COUNTY, MICHIGAN DRAIN PROJECT



                       Page 38 of 127
            The undersigned public corporation hereby petitions for the Cleaning,
            Deepening, Widening, Straightening, Tiling & Extending of Intra-County
            Drain(s), the Sprague #0513, the location and route of said drain project to be
            approximately as follows:
            Being part of the Southwest 1/4 of Section 35, T7N-R5E, City of Swartz Creek,
            Genesee County, Michigan, more particularly described as: Commencing at a
            point on      the existing Sprague Drain as on file in the Genesee County Drain
            Commissioner’s       Office, which is located along the west 1/8 line of said
            section, 381.39 feet S01°8’W of the east-west quarter line; Thence N88°46’E,
            45.36 feet; Thence S00°38’E, 217.43 feet; Thence S45°00’W, 50.00 feet; Thence
            S01°26’E, 620.00 feet; Thence S45°00’E, 50.00          feet to the Point of
            Terminus.
            Which drain project is necessary for the public health and is located within the
            limits of the City of Swartz Creek.
            This petition is filed pursuant to the provisions of Chapter 19 of Act No. 40 of the
            Public Acts of 1956, as amended.
            It is understood that the cost of said project is to be assessed against the
            drainage district as determined by the Drain Commissioner.
            A certified copy of the resolution of the governing body of the public corporation
            authorizing its execution is hereto attached.
            BE IT FURTHER RESOLVED, that the Mayor and Clerk be and hereby are
            authorized and directed to execute said petition for and on behalf of the City of
            Swartz Creek and to file same with the Drain Commissioner of the County of
            Genesee.
            BE IT FURTHER RESOLVED, that the City of Swartz Creek hereby consents to
            this Intra-County drain project and to an assessment at large for a percentage of
            the total amount assessed for the cost of the proposed work.

       City Manager Bueche advised of a communication received from Dennis Cowan
late this afternoon. He noted the letter was precipitated by many conversations with
Attorney Cowan of Plunkett & Cooney who had been retained by Sports Creek Raceway
regarding the drainage issues. Mr. Bueche was still confident a solution could be arrived
at given another week or two.
            Resolution No. 040524-11                                              (Carried)
                   Motion by Councilmember Hurt,
                   Second by Councilmember Shumaker,
                  The Swartz Creek City Council postpones consideration of Resolution
            No. 040524-10 until the June 14, 2004 Regular Council meeting.
      Further discussion ensued.

                                    Page 39 of 127
                   YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
                   NO: None. Motion declared carried.
      Set Public Hearing Date for Truth In Taxation
      City Manager Bueche advised County Equalization Department provided the base
rate multiplier fraction this afternoon. He asked that Council go ahead and set the public
hearing for June 14th, and the tax levies will be calculated and available at that meeting.
             Resolution No. 040524-12                                           (Carried)
             Motion by Councilmember Plumb,
             Second by Mayor Pro-Tem Christie,
             The Swartz Creek City Council sets a Public Hearing, to be held at the Regular
             Council Meeting of Monday, June 14, 2004, at 7:00 p.m., on the proposed
             operating tax millage rate, in accordance with Michigan’s Truth in Taxation Law.
             YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
             NO: None. Motion declared carried.

      NEW BUSINESS:
      Sidewalk Repair Bids
             Resolution No. 040524-13                                           (Carried)
                   Motion by Councilmember Porath,
                   Second by Councilmember Hurt,
             The Swartz Creek City Council accepts the low bid of $4.35 per square foot for 6”
             depth, and $3.55 per square foot for 4” depth, and awards the contract for city
             sidewalk repair to Badgley Construction of Swartz Creek, and further, authorizes
             the Mayor and City Clerk to enter into a contractor’s services agreement to
             provide such services.

Discussion took place.

                   YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
                   NO: None. Motion declared carried.
      A recess was called at 8:04 p.m. Meeting reconvened at 8:15 p.m.
      Assessment Claim - Discussion
        After conferring with Attorney Gildner at recess, and given the possibility of
litigation, City Manager Bueche asked that Council go into Executive Session to discuss
the assessment claim. Attorney Gildner advised he felt it would be appropriate to go into
                                    Page 40 of 127
closed session to consult with your attorney regarding threatened or pending litigation.
There being no objection, it was decided to discuss this matter in Executive Session after
Council remarks.
MEETING OPENED TO THE PUBLIC:

None.

REMARKS BY COUNCILMEMBERS:

Councilmember Hurt was pleased to receive an e-mail regarding affects of the storm in the
City. Mr. Hurt noted he still cannot always access his e-mail. City Manager Bueche stated this
is a problem with Comcast, which he hoped to eliminate soon by switching to another provider.
Councilmember Hurt expressed impatience with drivers who can’t follow the lane markings at
Miller and Seymour Roads in front of Speedway.

Councilmember Adams thanked City Manager Bueche for the page numbers in the Council
packet. Mr. Bueche stated the software had been updated. Councilmember Adams noted he
can tell summer is here by the speed radar trailer in his front yard.

Councilmember Plumb reiterated Councilmember Plumb’s feelings regarding the detention
ponds behind Burkeshire. He also noted the garbage in front of the Fire Department has not
been picked up by the waste management company in four weeks.

Councilmember Shumaker was pleased by the City Manager’s remarks regarding weed
mowing. He remarked the sirens are functioning well, and noted the one at Elms Road Park
rotated. Councilmember Shumaker reported the hazardous waste collection took place on
May 8th. He noted they had such a high volume of people that it was necessary to close
before 12:00 noon. In conclusion, Councilmember Shumaker stated he was pleased with
Council attendance at former Mayor Dennis Allen’s funeral service.

Mayor Pro-Tem Christie noted he spoke with City staff about the garbage at Holland and
Ingalls, but it still has not been picked up. City Manager Bueche advised it would be picked up
tomorrow. Mayor Pro-Tem mentioned a positive article regarding Swartz Creek in the
publication Genesee Magazine which he had available if anyone would like to read it. He
thanked Council and staff on behalf of the family of Dennis Allen for their attendance at the
memorial service. Mayor Pro-Tem Christie spoke regarding the Racino package. He also
mentioned Senate Bill 1182, introduced by Senator Emerson, which would raise the legislative
annual retirement from $90,000 to $160,000.

Councilmember Porath asked and was advised of the different siren signals. Mr. Bueche
informed Council he would contact the County Emergency Management Office as to the new
siren policies. Councilmember Porath inquired whether there might be tennis courts instead of
or in addition to ball fields at Heritage Village.

Mayor Abrams suggested restriping needs to be done in several areas of the City. City
Manager Bueche reminded Council the 2004-2005 budget had allocated monies to restripe all
areas.

EXECUTIVE SESSION:

                                     Page 41 of 127
      Resolution No. 040524-14                                           (Carried)
             Motion by Councilmember Hurt,
             Second by Mayor Pro-Tem Christie,
             The Swartz Creek City Council, at the request and recommendation of the City
             Manager, and in compliance with the Open Meetings Act, moves into executive
             session to discuss an Assessment Claim.
             YES: Abrams, Adams, Christie, Hurt, Plumb, Porath, Shumaker.
             NO: None. Motion declared carried.

Council went into Executive Session at 8:33 p.m. Back to regular session 9:29 p.m.

ADJOURNMENT:

      Resolution No. 040524-15                                           (Carried)

             Motion by Councilmember Plumb,
             Second by Councilmember Porath,

             the meeting be adjourned.

             Unanimous voice vote.


The meeting adjourned at 9:31 p.m.



Richard B. Abrams, Mayor                                   Mary Jo Clark, Clerk




                                     Page 42 of 127
                              City of Swartz Creek
                      SPECIAL COUNCIL MEETING MINUTES
                                  (Meeting of May 3, 2004)


…Excerpts of the First Page of the Special Council Meeting of May 3, 2004…….

                              CITY OF SWARTZ CREEK
                             SWARTZ CREEK, MICHIGAN
                        MINUTES OF SPECIAL COUNCIL MEETING
                                   DATE 05/03/04

The meeting was called to order at 6:00 p.m. by Mayor Pro-Tem Abrams Christie in the Swartz
Creek City Council Chambers, 8083 Civic Drive.

Invocation and Pledge of Allegiance to the Flag given.

Councilmembers Present:     Abrams, Christie, Hurt (arrived 6:05 p.m.), Plumb, Porath,
                            Shumaker.

Councilmembers Absent:      Adams.

Staff Present:              City Manager Bueche, Finance Officer/Clerk Clark, and Juanita
                            Aguilar.

Others Present:             Dorothy MacGillivray, Jim Florence, Ron Schultz, and Boots
                            Abrams.

REPORTS:
      Resolution No. 040503-01                                         (Carried)

             Motion by Councilmember Porath,
             Second by Councilmember Plumb,

             The Swartz Creek City Council approves the City Manager’s Report dated April
             30, 2004, as presented, to be circulated and placed on file.

             YES: Abrams, Christie, Plumb, Porath, Shumaker.
             NO: None. Motion declared carried.

It was the consensus of Council that the other two reports would be discussed later in the
meeting.

Councilmember Hurt arrived at 6:05 p.m.

MEETING OPENED TO THE PUBLIC:


…End Excerpts of Minutes of May 3, 2004…..


                                     Page 43 of 127
                                City of Swartz Creek
                      PLANNING COMMISSION MEETING MINUTES
                                    (Meeting of June 1, 2004)

                        CITY OF SWARTZ CREEK
                       SWARTZ CREEK, MICHIGAN
MINUTES OF PLANNING COMMISSION MEETING
June 1, 2004


                   Meeting called to order at 7:00p.m. by Chairman Stephens.

Pledge of Allegiance.

ROLL CALL:

Members present: Abrams, Bueche, Conner, Florine, Hurt, Kolhoff, Ridley, Stephens, Wilson.

Members absent:        None.

Staff present:         Thomas O’Brien, Zoning Administrator.

Others present:        Greg Boyd, Raymond Bryant, Bobby Boyd, Ernest Moulton, Dorothy Boyd,
                       Dennis Reno, Robin Perkins, Talisa Duncan, William Tabacchi, Jim
                       Nelson, Jason Christie, and Linda Smyth.


APPROVAL OF AGENDA:

       Resolution No. 040601-01                                 (Carried as amended)

                 Motion by Member Hurt, support by Member Florine, to approve the agenda for
                 the June 1, 2004 meeting of the Planning Commission, with the addition of 8C,
                 Rules of Procedure – Discussion, then to be circulated.

                 YES: Abrams, Bueche, Florine, Hurt, Kolhoff, Ridley, Stephens Wilson.
                 NO: None. Motion declared carried.

APPROVAL OF MINUTES:

       Resolution No. 040601-02                                             (Carried)

                 Motion by Member Hurt, support by Member Ridley, that the Planning
                 Commission minutes of the regular meeting of May 4, 2004, be approved, with
                 the change on page 5, Resolution No. 040504-05, from “…Commission request
                 their presence...” to “…Commission request the applicant’s presence…”, and
                 under NEW BUSINESS, second paragraph, second sentence, from “…Bristol

                                        Page 44 of 127
               Road and go south to the Consumers Power easement, then through Elms
               Park…” to “…Bristol Road west and then south into and through Elms Park…”

               YES: Abrams, Bueche, Conner, Florine, Hurt, Kolhoff, Ridley, Stephens, Wilson.
               NO: None. Motion declared carried.

COMMUNICATIONS:

     •   City Council Minutes of May 3 and May 10, 2004
     •   Final copy of Planning Commission “Rules and Procedures”
     •   Letter from Robert Winter regarding First Baptist Church Special Land Use
     •   Letter from Steve & Rachel Pogue regarding First Baptist Church Special Land Use
     •   Letter from Raymond C. Bryant regarding First Baptist Church Special Land Use


MEETING OPENED TO THE PUBLIC:

None.

OLD BUSINESS:

Special Land Use – 5372 Seymour Road – Tax I.D. No. 58-30-400-002 – Temporary Use of
Trailer – First Baptist Church of Swartz Creek, Applicant/Owner

Greg Boyd, a Trustee of the First Baptist Church of Swartz Creek, stated the purpose of the
trailer is for a temporary classroom for the overwhelming response for more classrooms to the
Building Committee. He advised the church hopes to begin Phase Two of three phases within
a year to year and a half, at which time the temporary building would be gone.

Zoning Administrator O’Brien noted the church had responded to the Fire Chief’s review by
indicating, if approved, they would include the following in the trailer used for classrooms:

1.       Smoke detectors
2.       Carbon monoxide detectors
3.       Underground electric and gas, 25 ft/15 ft from existing structures
4.       Repaint to match current structures
5.       New skirting
6.       Wheelchair ramp at all exits

Public Hearing

Chairman Stephens opened the Public Hearing portion of the meeting regarding the Special
Land Use Request by First Baptist Church of Swartz Creek. He indicated anyone wishing to
make comments to the Planning Commission could now do so.

Raymond Bryant, the Sunday School Director for First Baptist Church, commented that the
temporary classroom is very crucial inasmuch as they are getting more members and are



                                        Page 45 of 127
unable to provide adequate classroom settings for the Sunday School. Mr. Bryant then read
his letter dated May 27, 2004 in support of the Special Land Use.

Linda Smyth, 5351 Seymour Road, addressed the Planning Commission. She inquired
whether the list given in response to the Fire Chief’s review would be required of the applicant.
Because she has noticed most of these temporary buildings are put in place and never
removed, she asked if there is a time limit for removal of this trailer. Ms. Smyth indicated the
church has done a fine job so far with the construction, but she wanted to be assured it is
temporary in nature and aesthetically pleasing with the neighborhood.

Mr. Bryant noted it will not be attached, and will be 25 feet from the existing structure by
request of the Fire Chief. He advised this was in addition to the other items mentioned by Mr.
O’Brien. In fact, Mr. Bryant stated the church has put itself in the position where they will not
be able to continue forward with their construction until the trailer is removed.

Bill Tabacchi, 5313 Valleyview Drive, noted he has a clear view from his residence of the
church. He stated they have been good neighbors, and appreciated their community efforts.
However, he could not support the temporary trailer because of the unpleasing aesthetics and
possible length that it would be there. Mr. Tabacchi advised he was also speaking on behalf of
Glenn Berry who lives most immediate to the proposed trailer.

Jim Nelson, 10140 Grand Blanc Road, Pastor of the First Baptist Church, clarified while the
terminology is trailer, the structure is actually a modular that looks nothing like a trailer.

Ernie Moulton, 5321 Valleyview Drive, asked and was advised of the location of the trailer.

Talisa Duncan, 9235 Hill Road, informed the Commission she is a member of First Baptist
Church and has also lived right across the street for 12 years. She stated anything and
everything the church has said they would do, they have done, and in a timely fashion. Ms.
Duncan stated the church body is very committed to the beautification of the City and to its
residents, which is why it is important to have the facility to provide the service.

Dennis Reno, 5345 Seymour Road, commented after listening to the church members, he has
no opposition to the temporary structure. Mr. Reno stated he felt sure the church would take
the trailer down when they say they’re going to do it. In conclusion, he felt they have done a
beautiful job with their property, and he was proud to live across the street.

Dorothy Boyd, 4485 Virginia Court, a member of First Baptist, commented that the facility
would go a long way in supporting the young people. She hoped that the City could work with
the church in order to make this a better community for everyone.

Linda Smyth, 5351 Seymour Road, asked what the size of the building will be and whether it
alone will be adequate for the church’s needs. She was advised it is 24’ x 36’. Ms. Smyth
noted in pictures shown at the last meeting, it is not an attractive building.

Member Abrams advised he had received a phone call from Kathy Carson, who is a member
of First Baptist and is requesting approval of the Special Land Use. Chairman Stephens read
into the record a letter from Steve and Rachel Pogue and another from Robert Winter both in
opposition to the Special Land Use (attached to official minutes). He also advised a phone

                                      Page 46 of 127
message was received from Martha Brown, 7152 Seymour Road, in favor of the Special Land
Use.

Reverend Jim Nelson advised the church’s field is open for AYSO use; he was unaware where
the information came from.

In response to the comments that the church should have planned better, Reverend Nelson
noted First Baptist has planned, as is evidenced by Phases I and II.

Planning Commission Discussion

Member Hurt noted the need for the building has been amply demonstrated. It appeared the
type of building and how long it would be on site were the real problems, which he felt could be
taken care of at this meeting, as well as the Fire Chief’s concerns.

Member inquired of Zoning Administrator O’Brien whether there are any issues of code that
need to be included with the other conditions. Mr. O’Brien advised the Fire Chief’s comments
and First Baptist’s response back would cover code problems. He didn’t believe there were
any major issues with the building itself that have not been addressed.

It was noted that Mr. O’Brien had listed the church’s response to the Fire Chief’s concerns, but
there was no indication as to who the response was from. Zoning Administrator O’Brien
advised he had been talking with Mr. John Alexander, who is a member of the Building and
Grounds Committee for First Baptist Church. Mr. O’Brien further advised the six (6) conditions
are either existing or will be done by the church once it is brought on site; and were listed in
answer to the Fire Chief’s questions.

Member Hurt felt the points to clarify are when the building will go in place and when it will be
removed. It was reported Phase II can start and finish prior to the temporary trailer being
removed, but it might present difficulties that justify removal. Phase III could not start before
the trailer is moved. It was suggested that if the modular unit were to be removed prior to the
start of Phase III, it would be consistent with the Site Plan Approval given by the City in 2002,
which would require removal of the trailer within 15 months. It was further suggested that an
agreement between the City and First Baptist be entered into which would allow the City to
remove the unit if it’s not gone within the time allotted.

Member Conner questioned whether alternative means of relieving the need for Sunday
School space were looked into that would not require the purchase of the modular; therefore
allowing those funds to be used for Phase II. Reverend Nelson advised they had discussed
many options, and there currently is one class in the sanctuary.

Further discussion took place regarding timeframe for removal and financial assurances, utility
provisions, classroom size, and eventual means of disposal of the modular.

Further discussion ensued.

      Resolution No. 040601-03                                              (Carried)



                                      Page 47 of 127
               Motion by Member Hurt, support by Member Abrams, that the Planning
               Commission recommend approval to Council of the Special Land Use – 5372
               Seymour Road – Tax I.D. 58-30-400-002 – for installation and use of a temporary
               trailer by the First Baptist Church of Swartz Creek, Applicant/Owner, in
               accordance with the Site Plan provided and subject to the following conditions:

               1.     Installation of smoke detectors;
               2.     Installation of carbon monoxide detectors;
               3.     Installation of underground electric and gas, 25 feet and 15 feet from
                      existing structures;
               4.     Repainting of the unit to match current structures;
               5.     Addition of new skirting;
               6.     Installation of wheelchair ramps at all exits;
               7.     Removal by September 9, 2005;
               8.     Entering into an agreement with the City to remove the unit by the City if it
                      has not been removed by September 9, 2005; and
               9.     Use of the trailer to be at the discretion of First Baptist Church.

Discussion ensued.

               YES: Abrams, Bueche, Florine, Hurt, Kolhoff, Stephens.
               NO: Conner, Ridley, Wilson. Motion declared carried.

Member Abrams advised those present City Council meets on the second and fourth Monday
of the month, 7:00 p.m., and it would be good for the applicant to be represented.

OLD BUSINESS:

Site Plan Approval – Amendment to Resolution Nos. 020909-08 and 020909-09 – 5372
Seymour Road – Temporary Use of Trailer for Classrooms – Tax I.D. No. 58-30-400-002 –
First Baptist Church, Applicant/Owner

It was clarified that this site plan approval is for the location of the trailer.

Chairperson Stephens noted the applicant presentation and staff presentation have taken
place under the Special Land Use portion of the meeting.

Member Conner recalled the comment previously made that the trailer might be in the way
during Phase II construction. Mr. Conner questioned whether it could be moved a little further
away. Mr. Boyd from First Baptist Church advised the purpose was to get it as close to the
building as possible for aesthetic reasons.

Further discussion took place regarding parking.

       Resolution No. 040601-04                                                     (Carried)

               Motion by Member Conner, support by Member Hurt, that the Planning
               Commission recommend approval to Council of the Site Plan for Amendment of
               Resolution Nos. 020909-08 and 020909-09 – 5372 Seymour Road – Temporary

                                         Page 48 of 127
             Use of Trailer for Classrooms – Tax I.D. No. 58-30-400-002 – First Baptist
             Church, Applicant/Owner.

             YES: Abrams, Bueche, Conner, Florine, Hurt, Kolhoff, Ridley, Stephens, Wilson.
             NO: None. Motion declared carried.

MEETING OPENED TO THE PUBLIC:

None.

REMARKS BY PLANNING COMMISSION MEMBERS:

Inasmuch as the meeting time was changed from the first Monday to accommodate the
Planning Consultant, who no longer is attending the meetings, Member Conner asked if we
could consider changing it back. Zoning Administrator O’Brien suggested that this not be
done, because LSL Group is still the consulting firm and they will most certainly be needed in
the future. Member Bueche stated he would check to see if circumstances have changed
relative to the Planning Consultant’s schedule and report back.

Member Ridley commented that the split-face block at Aardvark Mini-Storage is so white; and
does not look like what the Planning Commission had approved. Ms. Ridley questioned what
Council would like us to do regarding the Master Plan cover sheet. Mr. Bueche advised he is
working on having a graphic designer do some work on it.

Member Florine noted the building STAT-EMS moved into looks bad and needs painting. Mr.
Bueche advised painting was included in the City’s approval, and they are working on that
getting done as well as some other issues. Mr. Florine stated he was very enthused about the
walkway presentation done at the last meeting, and asked whether it was moving forward. Mr.
Abrams noted Council approved the seeking of grants. Member Florine personally thanked
City Manager Bueche for his showing up with a pump Sunday when a resident had a sump
pump failure that resulted in four feet of water in the basement.

ADJOURNMENT:

        Resolution No. 040601-05                                         (Carried)

             Motion by Member Abrams, support by Member Conner, the meeting be
             adjourned.

             Unanimous voice vote.

Meeting adjourned at 8:37 p.m.



Paul D. Bueche
Secretary



                                     Page 49 of 127
                            City of Swartz Creek
                  PARK BOARD COMMISSION MEETING MINUTES
                                 (Meeting of June 2, 2004)

                             CITY OF SWARTZ CREEK
                            SWARTZ CREEK, MICHIGAN
                                    SPECIAL
                      PARK AND RECREATION ADVISORY BOARD
                              MINUTES JUNE 02, 2004

The meeting was called to order at 6:03 p.m. by Member Rae Lynn Hicks, at the City of Swartz
Creek Council Chambers, 8083 Civic Dr., Swartz Creek, Michigan

Present:     Jim Florence, Rae Lynn Hicks, Richard Henry, Greg Thornton, Michael
             Shumaker-(arrived at 7:00).

Absent:      Rod Gardner, Veronica Seibel, Steve Tabit.


Others Present:   Tom Svrcek, Venessa Harris, Adam Zettel.

APPROVAL OF AGENDA:

                    RESOLUTION NO. 040602-01

                    Motion by Member Thornton, Second by Member Henry,
                    to approve Special meeting agenda with added agenda items of Green
                    Areas and Restrooms.

                    Unanimous roll call vote. Motion declared carried.


APPROVAL OF MINUTES OF APRIL 14, 2004:

                    RESOLUTION NO. 040602-02

                    Motion by member Thornton, second by Henry,
                    to approve minutes of April 14, 2004 as circulated.

                    Unanimous roll call vote. Motion carried.

MEETING OPEN TO PUBLIC: None

COMMUNICATIONS:

Park Board requested Tom Svrcek to provide a copy of the By-Laws at the next meeting on
August 11, 2004.


                                     Page 50 of 127
OLD BUSINESS:

Park Board discussed the restrooms. DEQ asked for us to submit plans by June 8, 2004 and
we would probably have an 80/20 chance of approval to build.

Discussed green areas, appendix A, and part of Master Plan/Ordinance and for developers to
include areas in their Master Plan and that LSL work for the City to zone green areas.

NEW BUSINESS:

Discussion of future park grants/Master Plan and walking trail.

Discussion regarding trying to acquire 10 acres from Kal Nemer for ball fields and to apply for
grants for walking trail and ball diamonds, need at least three.

The land from Nemer would provide a great tie in with the walking trail.

Adam Zettel presented a plan for a 4 phase walking trail.

             RESOLUTION NO. 040602-03

             Motion by member Thornton, second by member Florence to recommend
      City Council approval amending the 5-year Park and Recreation Plan to
             provide trails and recreation facilities through land acquisition.

             Unanimous roll call vote. Motion carried.

Member Hicks inquired as to why ball parks instead of soccer fields that are needed in this
area. There was a discussion of joint plans with Flushing.

Member Henry asked why ball park couldn’t be built at/on Raubinger property? (11 acres).

Member Thornton wanted to know what the school’s position was on using their ball diamonds
and possibly combine green space responsibility (City & school).

Member Henry suggested the Phase 1 walkway be extended to Elms Road. Path by others
(Nemer) as soon as council approves plans.

Discussion of other pieces of property by members for parks, prices and availability was
questionable.

Vanessa Harris of Rowe Engineering included these items in the parks 5 year plan, (land,
access, trail building) by amending our plan.

                    RESOLUTION NO. 040602-04

                    Motion by member Thornton, second by member Florence,
                    to recommend that the City Council approve a grant
                    application for trails and pathways to D&R for a 25% match and

                                      Page 51 of 127
             and Land/Sports grant at a 50/50 match.

             Unanimous roll call vote. Motion Carried.


             RESOLUTION NO. 040602-05

             Motion by member Henry, second by member Thornton to
             recommend that the City Council approve that newly acquired
             land be developed for Park and Recreation use.

             Unanimous roll call vote. Motion Carried.


             RESOLUTION NO. 040602-06

             Motion by member Henry, second by member Thornton to
             recommend that the City Council approve an addition to the
             5-year Plan connecting trails and walkways for current
             and future land acquisitions to include public green areas.

             Unanimous roll call vote. Motion carried.


ADJOURNMENT:

                    RESOLUTION NO. 040602-07

                    Unanimous roll call vote to adjourn meeting.
Motion carried.


Meeting adjourned at 7:45 P.M.


Respectfully submitted,


Jim Florence
Board Member




                              Page 52 of 127
                                                     CITY OF SWARTZ CREEK
                                                   SWARTZ CREEK, MICHIGAN
                                                   MONTHLY BUILDING REPORT
                                                           MAY -- 2004


TO:      Paul Bueche, City Manager
FROM:    Thomas O'Brien, Building Inspector
DATE:    June 4, 2004

Permit                                                                                              Estimated
Number   Owner's Name          Property Address         Parcel #        Description                     Value   Fee Paid

28-04    Badder, Dawn          130 Ashley Circle        58-35-776-130   10x10 Shed                   1,000.00     10.00
29-04    Redman                5018 Hayes               58-02-529-015   Restoration/Mold            50,000.00    100.00
30-04    Groesser Jeffery      3374 Elms Rd             58-25-576-019   20x24 Gar./20x20 Liv. Sp    33,600.00     67.00
31-04    Cassidy Bruce         66 Ashley                58-35-776-066   Manf Home/Att Gar.          30,000.00     60.00
32-04    Valley Ridge          7240 Parkridge           58-36-530-013   Sgl. Fam. /Att. Gar        139,600.00    279.00
33-04    Kirk Charles          4386 Springbrook         58-36-651-125   12x16 Sun room              13,000.00     26.00
34-04    Demarco James         8129 Crapo St            58-02-200-034   24x32 Pole Barn             15,000.00     30.00
35-04    Randy Miller          9258 Oakview             58-03-531-139   12x16 shed                   3,000.00     10.00
36-04    City/Swartz Creek     4125 Elms                58-31-100-018   24x48 Pavillion             13,000.00     26.00




                                                                                                   298,200.00    608.00




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2003 (Last Years)
Multiplier




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2004 (this years) Multiplier




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                 2003 (last years) levy




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                       Six-Year Master Plan for the
                       Swartz Creek Sewer System
The City of Swartz Creek, in an effort to maintain and improve the sanitary sewer
system for the current and future needs of its residents, recognizes the need for the
proactive improvement of the physical infrastructure of the system. As such the City
has created the Five-Year Master Plan to outline the delivery of such services in
conjunction with a tentative increase in sewer fees.

The overall goal of the plan is to methodically inspect existing sewer lines that are
suspected of being in disrepair and replace them or upgrade accordingly. To do so will
require incremental steps of inspection, evaluation, and restoration. As such, the first
step shall be to inspect suspicious lines by “TV-ing” them. This is a process by which
professionals run a video surveillance through sewer lines and check for roots,
breakage, alligators, etc. After this procedure is completed, an assessment shall
determine the required renovations for said sewer lines. Renovations that add life to the
system shall be completed the following year and may include: relining of sewer lines,
reconstruction of collector basins, or even line replacement.

Taking place simultaneously with the repairs that are expected in year two shall be
another round of inspections on a different part of the system. These second round of
inspections shall prepare the City for the renovations that may be required to undertake
in year three. The renovations in year three shall also be accompanied by another
round of inspections. This process shall be repeated as stated as long as funds permit
or until such maintenance and replacement of the sewer system is no longer necessary.

Specifics for the inspection and replacement program and their estimated costs are as
follows for the first five years of the program.




                                  Page 90 of 127                                       1
Year One: FY2004-2005
Manholes                  Service                                 Price
122-120                   Joint Seal/Cleaning                     $3,993
120-119                   CIPP Lining 300;                        $15,375
119-118                   Joint Seal/Lining 200’                  $12,454
118-92                    Lining 203’                             $10,404
92-91                     Lining 188’                             $9,635
91-47                     Seal 35 Joints                          $1,794
47-46                     Lining and Joint Seal                   $6,406
46-45                     Lining 268’                             $8,866
45-32                     Seal 103 Joints                         $5,279
32-33                     Seal 25 Joints                          $4,869
33-34                     Seal 69 Joints & Connection             $3,792
34-35                     Seal 68 Joints and Connection           $3,741


Projected Total Spending                                     $86,607
With 10% Contingency                                         $95,268




Year Two: FY2005-2006
Partial repairs of assessed lines from previous year.   $63,000

Manholes                   Service                                 Price
44-43                      Liner                                   $5,250
                           Grout                                   $200
43-41                      Liner                                   $15,550
40-39                      Grout (Excavation? 5141 & 5137)         $4,000
38-37                      Liner                                   $4,500
                           Grout                                   $3,950
37-36                      Liner                                   $14,150
                           Grout                                   $400
36-35                      Grout                                   $1,750
53-52                      Grout                                   $5,000
51-45                      Liner                                   $2,500
                           Grout                                   $5,750

Projected Total Spending                                     $63,000
With 10% Contingency and Excavation of $35,000               $107,800




                                Page 91 of 127                               2
Year Three: FY2006-2007

TV Inspections                                            $17,000
Winchester Village
Manholes                  Line Diameter                   Length of Line
H-I                       8”                              300’
I-J                       8”                              300’
J-K                       8”                              140’
K-25                      8”                              82’
25-24                     15”                             142’
24-18                     15”                             121’
217C-217B                 8”                              91’
217B-217A                 8”                              161’
217A-218                  18”                             330’
217A-217                  18”                             224’
217-216                   18”                             429’
216-12                    18”                             313’
12-10                     24”                             384’
10-8                      24”                             453’
8-7                       24”                             484’
7-6                       24”                             486’
6-5                       24”                             486’
5-4                       24”                             372’
4-3                       24”                             371’
3-2                       24”                             370’
2-1                       24”                             422’
1-A                       8”                              99’
1-203                     8”                              140’
Total                                                     6700’

Continued repairs of assessed lines from previous year.   $57,710

Manholes                  Service                               Price
50-49                     Liner                                 $3,750
                          Grout                                 $4,850
32-31                     Grout                                 $3,405
31-30                     Grout                                 $3,665
30-29                     Liner                                 $2,750
                          Grout                                 $3,850
29-28                     Grout                                 $4,065
28-27                     Grout                                 $2,875
27-26                     Grout                                 $4,550
17-16                     Liner                                 $5,750
                          Grout                                 $5,550
16-15                     Grout                                 $5,500
                          Liner                                 $6,750
14-13                     Grout                                 $400

Projected Total Spending                                  $74,710
With 10% Contingency                                      $82,181

                               Page 92 of 127                              3
Year Four: FY2007-2008
TV Inspections                                                  $17,000
Winchester Village
Manholes                     Line Diameter                      Length of Line
126A-126                     8”                                 241’
126-143                      8”                                 222’
143-142                      8”                                 250’
142-141                      8”                                 274’
141-140                      8”                                 299’
140-139                      8”                                 214’
139-144                      8”                                 353’
144-145                      8”                                 310’
145-146                      8”                                 316’
146-149                      8”                                 99’
149-150                      8”                                 219’
146-147                      8”                                 210’
147-147A                     8”                                 142’
147A-148                     8”                                 232’

Fairchild Street
12” line in five segments to total 1,509 feet.
Miller Road
12” line in two segments to Fairchild Street to total 1,880 feet.
Total                                                            6770’

Repair of assessed lines from year two.                  $80,000

Projected Total Spending                                        $97,000
With 10% Contingency                                            $106,700




Year Five: FY2008-2009
TV Inspections                                                  $7,000
Mclain Street
8” line in five segments to total 1,349 feet.

School Street and Miller West
8” line in six segments to total 2,119 feet.
Total                                                           3,468’

Repair of assessed lines from year three.                       $70,000

Projected Total Spending                                        $77,000
With 10% Contingency                                            $84,700


                                  Page 93 of 127                                 4
 Year Six: FY2009-2010
 TV Inspections                                          $9,200
 Birchcrest
 8” line in nine segments to total 1,506 feet.

 Valleyview to Oakview
 8” line in five segments to total 982 feet.

 Worchester
 Manholes                     Line Diameter              Length of Line
 31-131                       8”                         136’
 131-132                      8”                         258’
 132-133                      8”                         275’
 133-134                      8”                         260’
 157-158                      8”                         332’
 158-159                      8”                         128’
 159-160                      8”                         246’
 160-161                      8”                         212’
 161-162                      8”                         80’
 Total                                                   4595’

 Repair of assessed lines from year four.           $35,000

 Projected Total Spending                                $44,200
 With 10% Contingency                                    $48,620


Five Year Total with Contingency                              $417,577
Five Year Average                                             $69,596




Revised June 3, 2004

                                   Page 94 of 127                         5
                           City of Swartz Creek
                         Sewer Maintenance Rate
The City of Swartz Creek staff hereby recommends a user fee increase for sewer
services. This fee increase shall serve to compensate for a current operating loss,
provide for modest capital improvements and maintenance, and compensate the
general fund for administrative hours devoted to the sewer enterprise fund. As such,
this short study shall demonstrate the financial need of the sewer fund and estimate a
new rate that shall accommodate said need accordingly.

It is imperative that the sewer fund increase fees to accommodate an operating loss of
about $34,385 observed in fiscal year 2003. This loss is a general operating loss that is
not the result of any specific activity but is instead a result of accumulated expenditures
exceeding all revenues. Since the bulk of sewer operations are in the form of payments
to the County, it is difficult to cut services in other areas, especially during a time in
which increased efforts towards renovation are sought. As such, a rate increase is
recommended to compensate for this operating loss.

Recently, the City of Swartz Creek has created a six-year plan for renovating existing
sewer lines (See Attached). This plan has been designed with the intention of repairing
the system to add life to the sewer lines and eliminate negative effects of aging such as
clogged lines and infiltration. It is expected that improvements shall lessen flow by
curbing infiltration and improve customer satisfaction and liability by eliminating
backups. These improvements are necessary do to the increases in backups that are
costing the City money in damage replacement costs and because of the increased
costs that are expected to be paid for excessive wet-weather infiltration to the County of
Genesee.

The six-year plan is set up in such a manner that it will provide for systematic detection
and elimination of sewer line and collector problems throughout the Winchester Village
and surrounding area. It is also the intent of the City to continue with this systematic
renovation throughout the City over time. The structure of the plan is set up such that
the estimated costs are distributed unevenly in the first years of the program. The plan
was set up “top heavy” in order to balance the known costs in the early years with the
unknown and likely higher costs of the remainder of the plan. (The low estimates of the
last years of the plan are likely to become high costs as the true nature of the problem is
detected, the program expands into other areas of the City, and prices for contractual
services go up).

The expected expenditures of the five-year plan vary between years but average
approximately $70,000 fiscally and total about $417,500 for the span of the plan. The
intent of the plan, however, is to repair and improve the system by continuing to pursue
projects totaling approximately $100,000 per fiscal year (as illustrated in the first couple
years of the plan). To cover these costs, the City shall need to increase its fees for
sewer transportation by the estimated $100,000.


                                   Page 95 of 127
In addition to operating loss and capital improvements, it has been recognized that
many of the City staff members allocate time and resources to handling the sewer
accounts and operations. Such activities include but are not limited to: utility billing,
accounting, data entry, customer service, and planning. It has been determined that a
reasonable fraction of employees wages should be allocated to the sewer fund to
compensate for such services. The staff does not have concrete data to justify specific
time and resource allocations at this time, but a reasonable calculation has been
determined based on staff recommendations from the Financial Director, the Director of
Public Services, and the City Manager.         This estimate in monetary terms is
approximately $40,000 per fiscal year. As such, an additional $40,000 must be
budgeted for wages and compensation in the sewer enterprise fund.

As such, the City must generate an additional $175,000 in sewer revenue from usage.
As a percentage of the current revenue of approximately $636,020 per year, this
amount is translated to a 27.5% increase in the unit price for the City sewer service.
Therefore, the City administration feels that an increase from the quarterly price of
$44.25 per unit should increase to $56.41 (about $4.05 per month) per unit to cover the
costs of the six-year capital improvement plan.




Revised June 3, 2004




                                  Page 96 of 127
Downtown Development Authority Questionnaire                                                                                                June 9, 2004

Results
Please read the following statements and circle the cooresponding agreement options that best describe your opinion.
                                                                RES.                 36 BUS.                 22                            Other               15

Circle One:   Business      Resident                                                                    2                              8             28         31
                                                                             Strongly                        Slightly       Slightly                    Strongly
I feel that the downtown area should be improved.                                            Disagree                                      Agree
                                                                             Disagree                        Disagree       Agree                       Agree
                                                                                                        2               1              8             27         31
                                                                             Strongly                        Slightly       Slightly                    Strongly
I would like to see new businesses and activities downtown.                                  Disagree                                      Agree
                                                                             Disagree                        Disagree       Agree                       Agree
                                                                                                        6               5              8             30         17
I believe that a DDA would assist businesses and home owners                 Strongly                        Slightly       Slightly                    Strongly
                                                                                             Disagree                                      Agree
by increasing commerce and land values.                                      Disagree                        Disagree       Agree                       Agree
                                                                                        13              33              7              7              8
I am concerned that a DDA would have negative effects on the                 Strongly                        Slightly       Slightly                    Strongly
                                                                                             Disagree                                      Agree
current neighborhoods and busineses downtown.                                Disagree                        Disagree       Agree                       Agree
                                                                                                        5               3              7             39         14
                                                                             Strongly                        Slightly       Slightly                    Strongly
I feel the City should move forward with re-establishing the DDA.                            Disagree                                      Agree
                                                                             Disagree                        Disagree       Agree                       Agree
                                                                                         8              15              2              4             12          7
I am interesting in serving on the DDA Board or in voluteering               Strongly                        Slightly       Slightly                    Strongly
                                                                                             Disagree                                      Agree
my time for the organization or new activities.                              Disagree                        Disagree       Agree                       Agree

If so, please leave your contact information here:




Additional Comments and Concerns:




                                                                    Page 97 of 127
Comment and Contact Summary
                                                                                        73 Repsonses                   33.64% Response Rate
1-Laurie Leech (Interested Resident)
5014 Ford Rd. Swartz Creek
635-8709
"I do not want to be taxed out of the area due to increase land values and property taxes. Property tax controls needed."

2-Karen Jamison
8110 Miller Road Swartz Creek
"I have NO free time. We miss the 2 lane-same way Miller Rd. It looks nice, but is very hard to get out of the drive way turning left
at certain times of the day. -Try it a few times a day at busy times-its almost impossible."

3-Steve Merdlin (Interested Business Owner)
Doors Galore
8077 Miller Road Swartz Creek
If I am contacted in a timely manner, I would be happy in some voluntary help. Lets make downtown beautiful."

4-Unknown
"Unable (to serve): non-resident property owner on three board of directors: Sloan Museum, Flint Motorcities National Heritage Area,
and Flint "Cool Cities" Committee."

5-Sheri Johnson (Slightly Interested Resident)
4344 Morrish Road Swartz Creek

6-Unknown

7-Barb Robertson (Very Interested Business Owner)
635-8472

8-Ernie Eekerert (Interested Business Owner)
Elegant Catering & Swartz Creek Bakery
635-8790

9-Mrs Genevieve Studnicka (Not Interested Resident)
5036 Third St. Swartz Creek




                                                                  Page 98 of 127
10-Unknown
"My only question is what member of the city needs a job or his family. I think what we need is a city where thing are fair avoe board and
where a few that are already in power do not make rule for them and not everone also I would like to know is the Police Dept our's or
Clayton Twps. Or the 7-11 stores. Why should we have something new when you cant take care of what we got now."

11-Unknown Resident

12-GCRC

13-Unknown Resident
"As we have recently moved to SC from the City of Grnad Blanc, we have seen first hand what the effects can be of using a DDA.
GB has had some very nice imporments, but we have also seen the adverse side of what can happen.
The present traffic situation is terrible and taxes have been raised to an all time high this year.
We have lived here only a couple of moths and have been very pleased witht eh Swartz Creek, mainly because of the small town atmosphere,
much like Brand Blanc when wer moved there about 30 years ago. "

14-Unknown Resident

15-Juliet Stephens-Kijek (Very Interested Resident)
8103 Miller Road Swartz Creek
630-0845
"At this time I do not know enough about the DDA to make an opintion on re-establishing it.
I would like to know more about how it would effect the homeowners."

16-Unkown Resident
"Downtown charm should be preserved. No huge commercial developments to take away from small town charm."

17-Clifford E. Hull, R.A.
Hull-Stephens & Associates Architects
5023 Holland Dr. Swartz Creek
635-4090
"We need some professional guidance on this committee. Perhaps a city planner with expericne in these concerns.
Without it we are afraid no positive action will happen. Needs as we see it: Remove overhead electrical lines, improve
storefronts, attract new businesses, breate business corridor to I69."

18-Unknown Resident
"I think the imporvements is necessary but adding taxes on things bad for seniors on a fixed income."



                                                                 Page 99 of 127
19-Unknown Resient

20-Fred Pajtas
"I would be interesed in the future but cannot commit now."

21-Unknown Resident

22-Unknown Resident

23-Unknown Resident

24-Agnes Supae
"Where would they put them(new businesses and activities."

25-Betty Binder (Very Interested Resident)
8079 Bristol Rd. Swartz Creek
635-4930

26-Unknown

27-Unknown Resident
"Keep city pkg lot cleaner back of stones. Keep Bicyle lane cleaner between stree sweepings."

28-Unknown

29-Uknown

30-Unknown

31-Unknown Resident
"I think that more bequtification is needed between Morrish and Elms Roads. Some of the businesses need to take care of their landscaping,
garbage, tec. Also, traffic problems along that area need to be addressed. The sidwalk developmnt that was establighed at Morrish Road
should be continued to First, Second, Third Streets since that can be a first impression of Swartz Creek."




                                                              Page 100 of 127
32-Don Carlock (Interested Business)
7538 Miller Road Ste 2
Swartz Creek
635-3171

33-Unknown Resident

34-Steve and Bechy Tabit (Interested Residents)
635-0441
810-397-8716
810-397-3188

35-Unknown

36-Terry Groves
PO Box 263
Swartz Creek
"This would make for more tax money coming out of business. I we are smart we'll make it work with what we have."

37-Unknown Resident

38-Unknown

39-Jennie Moench (Very Interested Resident)
5030 First St. Swartz Creek
630-0577
"My concern is that McDonalds, Walmarts, etc will be added, causing Swartz Creek to be another genaric suburb, running the unique,
 family owned businesses out of business. Industrial parks and other large employers shoul be pushed back into the City of Flint
where they belong and are sorely needed."

40-Unknown Resident
"We need street lites and side wlaks leading to the middle school on Crapo St. This is a very bad situation for kids walking to and
from school with all the traffic on this street."

41-Unknown

42-Unknown Business



                                                                Page 101 of 127
43-Unknown Resident

44-Marcia Johnson (Interested Business)
Bank One
4459 Fortino Dr. Swartz Creek
810-230-5000

45-Unknown Business

46-Unknown

47-Unknown Resident

48-Unknown
"Re-establishing? What did it do before?"

49-Unknown Resident
"Would not like to see the old downtown destroyed. Would like new to fit in with old."

50-Bonnie K. George (Uninterested Resident)
5033 School Street
Swartz Creek
"I would like to see the business and store fronts imporved with nice brick and awnings."

51-Patti Ruhala (Interested Business)
Paul Ruhala (Interested Spouse)
Expressions in Silk Bridal
7530 Miller Rd Swartz Creek
"Would this raise taxes on commercial property? It is already pretty high."

52-Dave Johnson Builders (Non-Interested Business)
PO Box 465 Swartz Creek




                                                                Page 102 of 127
53-Kenneth Materia (Non-Interested)
1429 Highland Meadows
Flint, Mi 48532
"I would lik to see some of the older business's replaced with newer buildings."

54-Betsy and Jeff Litwin (Very Interested Residents)
7506 Grove Street Swartz Creek
Home 635-9440
Cell 240-0996 or 0995

55-Carol Carter (Interested Unknown)
635-9530 wed+fri (Home)
"I would help if possible with my work schedule. We wer out of town and did not get this mailed back earlier. Sorry."

56-Matt Assemmacher (Business, little interest)

57-Shell Wilson (Interested Resident)
8126 Ingalls Swartz Creek
810-625-2555
"Hard to predict the influence of lack of the DDA given the limited structure of the DDA. Also in regards to its
effect is on the eye of the beholder. If the were involved in the curret/recent restructureing of the traffic lanes, I would
say they were highly ineffective and have increased traffic problems. It is rediculous."

58-Unknown

59-Unknown Business

60-Unknown Business

61-Gregg Winnie (Very Interested Resident)
5039 School St. Swartz Creek
810-955-3809 cell
810-694-5440 work
"I think the City is making great imporvments. A big step would be cleaning up residential properties. Get the City
involved. I was out of town when this survey was received. Getting the residents involved is a great step in the right
direction. Thank you."




                                                                   Page 103 of 127
62-Unknown Business
"No time."

63-Unknown

64-Unknown Resident

65-Ms. Anne Sovis (Non-interested Resident)
4379 Morrish Road Swartz Creek

66-Dr. B. Pounder (Somewhat Interested Business)
4495 Morrish Road
"Maybe. Sorry this is late."

67-Roger Sharp II (Interested Business Owner)
Sharp Funeral Home
635-4411

68-Unknown Businees
"I will help in any way I can."
illegible signature (Dr. English?)

69-Uknown

70-Unknown Resident

71-Raymond Tonchen, Jr (Very Interested Business)
4048 Morrish Road Swartz Creek
635-8796
Ray@blclinks.net
(See Attached Letter)

72-Unknown Business (Slightly Interested)
"Movie Theatre"




                                                    Page 104 of 127
73-Julain and Bobby Burns
5020 Brady St Swartz Creek
635-9968
"We love the small city atmosphere w/all its convieniencies (Library, Post Office, Bike Shop, etc.) I am
also a 7K per year cyclist and one of Michigan's best masters riders (over 40). I want to see the bike friendly
atmostphere continue the creek has a jewel in the assenmachers. Watch serious cyclist from thru out the
state show up for the 25th edition of the century ride in Aug. I got a path that goes to Laingsburg.




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