Lake Angelus, Michigan



LAKE ANGELUS CITY COUNCIL MINUTESDecember 12, 2017Present: Mayor, Patrick McNew; Mayor Protem, Dennis Mitchell; Council members, Joe Hilger, Dan Jenaras, Gary Parlove; Treasurer Julie Frakes; Attorney, Gerald Fisher; Building Official, John Jackson; LAPD, Chief of Staff, Don McClellan; Clerk, Lee McNewAbsent: noneVisitors, Residents: Dick LundVisitors, Non-Residents: noneMayor McNew opened the meeting at 7 p.m. with the Pledge of Allegiance. Dennis Mitchell moved to accept the minutes of the November 11, 2017 Council meeting as corrected. Gary Parlove seconded and the motion passed unanimously. Resident/Mayoral Comments, pending Actions:Kudos on Little Free Library, Debbie and Paul McDowell.Kudos to Mike Schaller, fixing City Hall lighting, helping with the City Hall generator, and follow-up with DTE on street light by City Hall.Thanks to Cheryl Hilger and Nicolette Jenaras on welcoming Millikens, Christensens, and Dr. and Mrs Daia.Senate Bills 626/627On November 30 and December 7, Attorney Fisher, Mayor McNew, and Mayor Protem, Dennis Mitchell attended early morning meetings in Lansing regarding control of seaplanes on lakes. Five senators, composing the Transportation Committee were reviewing the proposed bills. The bills wish to grant the Michigan Aeronautics Commission control of seaplane landings. Lake Angelus spent a great deal of money and 13 years in litigation to retain local control over seaplane landings on Lake Angelus. The City prevailed at the U.S. Circuit Court of Appeals, 1996, Gustafson v. City of Lake Angelus and again prevailed in 2004, Michigan Circuit Court of Appeals, City of Lake Angelus v. Michigan Aeronautics Commission. Attorney Fisher, Mayor McNew, and Mayor Protem, Dennis Mitchell were allowed to speak at the Committee meeting. The three managed to have the Committee vote postponed. Lake Angelus is working on alternate proposals allowing Lake Angelus to retain local control. There is concern that there are those who wish to eliminate local control and replace it with federal and state control. The Lake Angelus cases are used as precedent and this is an attempt to work around these cases already litigated and found in favor of local control.Everyone on Council is concerned and is on board and wishes to prevent access to the lake by seaplanes. All agree the bills would be very bad for Lake Angelus and the City needs to continue to support our ordinance and fight to retain local control. There will be another Transportation Committee meeting which will be attended in January by Attorney Fisher, Mayor McNew, and Mayor Protem Dennis Mitchell. The Council agreed that these bills need our full attention and effort to fight and prevent their passage. LAPD: Chief of Staff Don McClellanBurglar alarms, 4 and all were falseAssist citizens, 3, motoristsSuspicious Circumstance/person, 3, were workers on houses and were reported because did not belong, good to reportAssist other law enforcement agencies, 1, Auburn Hills gas fireTraffic complaint/Road Hazard, 1 stalled carProperty Damage Accident, 1 car hit deerTip Top deer blind was taken down from the Baks property.There was an incident at DuckettsGas fire in Auburn Hills, 17,000 911 calls, 911 system failedA list of LAPD officers was submitted, 30 officers will receive $50 Bass Pro gift certificates. The Chief will receive a bonus in addition for $300 which is in the budget. Dennis Mitchell moved to have the Mayor purchase the gift certificates for $1500. Dan Jenaras seconded and the motion assed unanimously. Building and Permits: McKenna Associates/John Jackson General Concerns:John Jackson will have his firm investigate what the flags on the Baldwin berm indicate2405 North Lake Angelus Road, Johnson Property. There are outstanding issues and a stop work order may be necessary to get the items corrected that are not in conformity. 770 Lake Angelus Shores, Lake, has demolished the building per the permit.Patrick McNew asked for the names of the attorneys who kept the Grosse Pointe lakeshore parks private for resident use only. John Jackson said he could provide contact information for the two attorneys. New Building and Zoning Applications:Window replacement at 4005 Sleepy Hollow, EmbreyCode-required guard rails at 525 Gray Woods, GreenleeInterior remodel and siding replacement at 2150 Lake Angelus Shores, PridmoreOngoing Building and Zoning Activity:289 Gray Woods Lane – Schimpke Accessory Barn Addition, The final documentation required for Certificate of Occupancy has been submitted and the final C of O has been granted. This project is now complete.355 Gray Woods Lane – Incarnati Addition, Work is continuing as expected, in accordance with the plan. The Building Official has approved the rough inspection for the addition. We responded this month to a concern about activity on the hillside, but found no evidence of work outside of the silt fence. We will continue to monitor this site.385 Gray Woods Lane – Residence Work is continuing as planned. 525 Gray Woods Lane – Greenlee Residence, As noted above, we have received a permit for the installation of guard rails for the pool/stairs. We are also preparing to perform a site plan compliance inspection. Attorney Fisher is working to resolve the temporary dock situation.2360 Lake Angelus Lane – Matisse Residence, Work is continuing in accordance with the plan. We have responded to a concern that the interior walls were removed during construction, and have confirmed that this was noted on the approved plans.945 N Lake Angelus Road – Robbins Accessory Barn, The Planning Commission held the required public hearing for the special land use accessory barn. Additional information is required before a determination can be made. We anticipate the information can be provided prior to the regularly scheduled January Planning Commission meeting.1173 N Lake Angelus Road – Miller Property, Work has not yet commenced on the septic field installation. The Building Official has visited the property and noted construction of a deck; permits were pulled for this work in July.2405 N Lake Angelus Road – Johnson Property, The work on the accessory barn has been completed and approved. The Building Official has performed a termination inspection on several items to determine the status of the work to date, as the General Contractor is terminating his working arrangement for the project. New permits will be required to be pulled and work must be completed before the temporary C of O expires in 2018. We have also performed a site plan compliance inspection and noted inconsistencies with what has been installed and what was approved. We have discussed remedies to the situation with the homeowner and have requested amended plans.2445 N Lake Angelus Road – Fair Residence, Planning Commission has conditionally approved the site plan for construction of a new home. Once the conditions have been fulfilled to the satisfaction of the Planner/Building Official, permits may be pulled for the building and trades activities. In the meantime, tree removal and driveway preparation is to be expected; appropriate soil erosion protections are in place at this time.2100 Lake Angelus Shores – Tierney Residence We have performed a site plan compliance inspection, which passed, and the Building Official has issued a Certificate of Occupancy. This project is complete from a permitting perspective, although we anticipate a second course of asphalt in the spring. This work does not require a permit and can be completed on the owner’s schedule. We have requested return of funds as appropriate.2204 Lake Angelus Shores – Roth Residence. Building and trades permits have not been pulled for the approved second story addition.Administrative Approvals: Reroofing a small pump house at 520 Gallogly. The structure is of dimensions that do not require a building permit. We have confirmed for the owner that work may commence without City reviewGeneral Activity and Open Planning Items:The shared seawall project (on city and Jaeger properties) at the boat launch made progress this week as the information and authorization for American Marine to submit MDEQ permits was shared and tentative work schedule has been determined. American Marine is targeting April for the construction, but the timeframe is highly dependent on the time it takes for MDEQ review. The seawall will also require special land use approval by the City, which we will begin to initiate in the coming months.The Council determined that the DEQ permit for the Jaegar seawall cannot be paid for “will be paid for by the City. Mr Jaegar requested that the City also pay for the 150.00 fee for McKenna and the $300 charge for publishing the SLU in the Oakland Press. The Council decided that Mr Jaegar should pay for the $150.00 fee”, but the City could share the cost of the Oakland Press ad for the SLU hearing. The Mayor will contact Mr. Jaegar. Planning Commission offered further direction for analysis of the lake-side setbacks, specifically to determine if the proposed increased setback distance should retain lakeview setbacks as a determinant for the placement of primary structures. We will perform this analysis and bring the results to the Planning Commission in January.We have responded to the request to inspect the boathouse at 2455 N. Lake Angelus Road, and are awaiting approval to inspect the structure for anizational Issues:Planning, Gary Parlove has agreed to be the Council liaison to the Planning Commission. Joe Hilger will take over property management and dam oversite for the Council. Dennis Mitchell moved to make Gary Parlove the Planning Commission Council liason and assign Joe Hilger property and dam management. Dan Jenaras seconded and the motion passed unanimously.Bob Bailey had wanted to resign earlier in the year, but he agreed to stay on and help as Chairman until his term expired December 2017. Mayor McNew nominated Mike Dammon and Jay Hibbard to replace Joe Hilger and Bob Bailey on the Planning Commission. Gary Parlove moved to appoint Mike Dammon and Jay Hibbard to the Planning Commission for the three-year term 2018-2020. Dan Jenaras seconded and the motion passed unanimously. The Chair will be voted by the members of the PC. Heidi Hoyles term also expires December 2017 and we are awaiting her reply. (She has agreed to remain on the Planning Commission)Clerk Report: Post election audit by the Michigan Bureau of Elections will be on Friday, December 15, 2017. It is a review and meant as an educational tool.History book inventory, the red book – Jim Cortez has 8 books, in City Hall and at Hilgers we have 10 books “total, 3 red books.”Harlo Press (Warren Michigan) – We ordered 500 books in 1978 for $2120.00, 64 pagesCurrent quote: includes digital copy, shipping, printing250 books $3100500 books $3750 500 books $3600 with discount of $150 if pay in full at time of orderSheridan/Bang printing (Minnesota) with pdf from Publishers PrePress (Ohio). The quote does not include shipping. They have not gotten back with a shipping quote. 250 books $ 2870.10500 books $ 3555.40 The Council felt we needed to follow Julie Frakes’ advice and wait to see how our budget is faring before ordering more books. We can review in April or May. Also Jim Cortez did find a few more books which he is bringing to City Hall.Searchable minutes – With American Legal, February 2017 quote. They do our Ordinance hosting on the internet, very professional. Convert paper minutes into pdf and migrate onto NXT on internet $1.00/page (probably have 2000 pages, should check this number) and will have about 120 pages additional each year. Annual internet hosting fee $300.00 for first year, then price will increase 2%/year to account for additional volume of material. No charge for telephone support. Julie Frakes will review this and see if we have this in the budget.No Haz proposal, need agreement two copies signed with front page and page 13 filled in address, signed resolution, copy of draft minutes. Gretchen Hurburt is our official representative to the NOHAZ advisory board. The contract is in the budget. Dennis Mitchell moved to approve the contract, Dan Jenaras seconded and the motion passed unanimously. Oakland Press Contract, a proposal for a savings for publishing is being reviewed. The contract proposed needs to be adjusted. The Oakland Press is willing to change the number of ads required to 10 per year which is in line with what we have published in the last two years and to reduce the rate. Lee McNew will review and have a written quote for Council that is clearer. Treasurer: The Mayor read the opening lines from the audit report. He complimented Treasurer Julie Frakes on her excellent work all year long and for the audit. Financials: the budget target is 41.7% and the actual is 33.5%. Noting expenses $500.00 or more. Dennis Mitchell moved to accept the financials, Gary Parlove seconded and the motion passed unanimously. Allen Bros refund Knysz roof $500.00First Choice refund soil escrow $3398.75McKenna Building $4595.91Barto refund landscape escrow $883.00First Choice refund 2 demo and 1 bldg bond $500 each, $1500.00McKenna Planning $2286.25Billington Services snow maint $950.00First Choice balance escrow $514.44Oak Electric Service generator City Hall $696.00Cortez refund balance escrow $2254.81Kim Harper Assessing $1158.75Hubble Roth and Clark, Geotech dam investigation $9940.80Oakland County Sheriff Dept $2074.33Taxes – summer = 1 still out, winter = 45/171 or 26% are paidAudit summary: Net position $2,775,521 decrease of $49,858 or 1.8%, Total Revenue $857.000, 87% from tax revenue, 3% state shared revenueTotal expenses $907, 000, 70% is public safety and public worksGeneral fund balance of $1,168,043 = 136% of expenditures Major capital assets, improvements: City Hall $5300 in process, LAPD renovations $16,884, LAPD air conditioning $3100Long term debt: drains $51,457 over 20 yearsBuilding permit fund $10,693 net loss, redoing feesWe were $27,062 better than expectedAll required reports have been submitted to the StateLost in the mail, state payment for $4025, had to send notarized affidavit to have State resend checkLGIP rate 1.498Give Dan Jenaras copy of receipt for conference table donationElection equipment value from Lee $7176.98, is a grant from the State. Will add to budget.Clinton River Water shed annual dues $500, in budget, ok? Dennis Mitchell moved to approve the dues, Joe Hilger seconded and the motion passed unanimously. CD renewal rate $170,000, 1.9% for 18 months. Dennis Mitchell moved to approve the CD renewal, Gary Parlove seconded and the motion passes unanimously. Dennis Mitchell moved to extend the meeting 15 minutes, Joe Hilger seconded and the motion passed unanimouslyMajor Road Revenue sharing, the state is using a new system, checks not sent to City, but deposited and notices were not sent.Local Community Stabilization Act distributed 40centsNotice from the State, payroll withholding changed to quarterly instead of monthly.Julie Frakes will write a letter and then Joe and Dennis will talk with the chief regarding the payroll error. Joe moved to award the Chief a $300 bonus. Gary seconded and the motion passed unanimously. Environmental Board: will meet tomorrow eveningFireworks: noneInsurance: noneLegal: covered during meetingDennis Mitchell moved to adjourn the meeting, Joe Hilger seconded and the motion passed unanimously at 9:29 p.m. Approved:Respectfully submitted,Patrick McNew, MayorLee McNew, Clerk ................
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