MINUTES OF THE ST. JOSEPH CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, ST. JOSEPH, MICHIGAN ON MARCH 12, 2012.
PRESENT: MAYOR JUDD
COMMISSIONERS CHICKERING, GAREY, GOFF AND RICHARDS
CITY MANAGER FRANK WALSH
CITY ATTORNEY LAURIE SCHMIDT
RECORDING SECRETARY SUSAN SOLON
ABSENT: CITY CLERK DEB KOROCH
Mayor Judd called the meeting to order at 6:01 p.m.
Mayor Judd and Planning Commission Chair, Patsy Hartzell, recognized Dr. Jeffrey Schmidt for his 21+ years of service on the Planning Commission. Mayor Judd presented Dr. Schmidt with a street sign.
Mayor Judd introduced Kendra Kutz; the new Parking Enforcement Officer.
Mayor Judd presented the March 12, 2012 Agenda for approval.
Commissioner Richards moved; seconded by Commissioner Chickering, approval of the March 12, 2012 Agenda, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Mayor Judd called for public comment.
Clay McCausland read a letter on behalf of Congressman Fred Upton pertaining to his support of H.R. 104 and recognizing the importance of our local harbors.
Jim Roberts spoke and presented a new product called "Loft Ledge", which is a table designed with the college student in mind. He explained that they are participating in a marketing contest sponsored by Wal-Mart with the top 3 vote getters receiving product marketing support from Wal-Mart.
Mayor Judd next presented the March 12, 2012 Consent Agenda for approval:
•· Disbursements paid since February 23, 2012 in the amount of $675,763.91.
•· Minutes of the February 27, 2012 Regular Meeting
•· Minutes of the March 5, 2012 Special Meeting
•· Special Event - Tootsie Roll Drive for Knights of Columbus - 3/30/12
•· Special Event - Run, Walk and Rock for Lory's Place - 5/19/12
•· Special Event - Krasl Art Fair for Krasl Art Center - 7/14 - 7/15/12
•· Special Event - Maytag Steelhead Triathlon - 8/19/12
Commissioner Richards moved; seconded by Commissioner Goff, approval of the March 12, 2012 Consent Agenda, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Mayor Judd opened a public hearing at 6:14 p.m. for the purpose to hear comments regarding LECO's request to amend their Industrial Facilities Tax Abatement on their property located at 3024 Veronica Drive, St. Joseph, Michigan 49085. Shelley Klug, Berrien County Manufacturers Council, and Joel DeBruyne spoke on behalf of LECO Corporation. There were no other public comments offered. The Mayor closed the public hearing at 6:24 p.m.
Commissioner Garey moved; seconded by Commissioner Goff, approval to amend LECO's Industrial Facilities Tax Abatement on the property located at 3024 Veronica Drive for a period of 12 years, as per the recommendation of the Tax Abatement Committee. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Mayor Judd thanked LECO Corporation for being a principal business in St. Joseph and continuing to bring jobs to our area.
Milt Agay, Police Chief of Oronoko Township and Chair of the City's Public Safety Committee, gave a presentation outlining the Committee's recommendation to form a public safety department and to combine central dispatch. Part of Chief Agay's presentation included the International City Manager's Association survey, which he noted assisted the committee in making their recommendation. Chief Agay reiterated that the Committee's recommendation is to adopt the concept of Public Safety, not the model, and direct staff to move toward central dispatch.
Commissioner Garey moved; seconded by Commissioner Richards, to accept the Public Safety Committee's recommendation to adopt the concept of public safety and directing staff to move toward utilizing the Berrien County Central Dispatch and ceasing to operate our independent public safety answer point (PSAP). Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
The City Commission thanked Chief Agay and all of the committee for their time in exploring this opportunity resulting in an assessment and recommendation that will affect the residents and save tax dollars for years to come.
John Hodgson, Community Development Director, explained that the current moratorium on lot splits is due to expire on March 15th, 2012. He reviewed the status of the Planning Commission's work since the moratorium was put in place. He explained that the Planning Commission has held two public hearings, received public comment, and held additional meetings to consider several ordinance amendments. He described the potential amendments that have been considered and set aside by the Planning Commission as well as the amendments that remain under consideration. The Planning Commission's most recent meeting was on March 1, 2012. At that meeting they were advised that the City Commission would be considering authorizing a coastal study at this meeting and the Planning Commission felt that if the study is authorized it would provide important information that would be important to consider when recommending adoption of a setback along the Lake Michigan shoreline. The Planning Commission therefore tabled the ordinance amendments until its April meeting to contemplate the public input received and to learn whether the coastal study would be authorized. Commissioner Chickering questioned whether the City Commission should lift the moratorium until the Planning Commission finished its work since the City Commission had not received any recommendation. Commissioners Goff said she felt the Planning Commission in its March meeting had indicated it was no longer considering amendments related to lot size and lot width and that she did not believe the moratorium was justified by the amendments still under consideration. Commissioners Goff and Richards said they were concerned that continuing the moratorium or making ordinance amendments to prevent lot splits would take away the rights of property owners and that they did not support this. City resident Rocque Emlong, owner of property at 428 and 489 Ridgeway, commented in favor of lifting the moratorium as did Don Kamp, realtor.
Commissioner Richards moved; seconded by Commissioner Goff, to not extend the moratorium beyond March 15, 2012. Roll call resulted as follows: Yeas: Commissioners Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: Commissioner Chickering. Absent: None. Motion carried.
City Manager Walsh announced that fundraising efforts for a Shoreline Coastal Study had been successful and that the City had received private donations totaling the $45,000 needed to fund the study. He recommended the City Commission accept the donations and direct staff to contract the study.
Commissioner Garey moved; seconded by Commissioner Chickering, to accept the donations from private donors in an amount totaling $45,000 and continue working to complete a shoreline public trust protection study. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Manager Walsh reminded the City Commission that even though the City Commission had enacted a moratorium in February to prevent the construction of seawalls, the moratorium, as approved, did not prevent the construction of any new structure if allowable under our ordinance. He presented a draft amendment to the Chapter 39-01-02 of St. Joseph Code of Ordinances which would add the prohibition of construction near the water's edge.
CITY OF ST. JOSEPH
BERRIEN COUNTY, MICHIGAN
ORDINANCE NO. 39-1-2
SPECIAL ORDINANCE
THE CITY OF ST. JOSEPH ORDAINS:
Chapter 39 of the Code of Ordinances of the City of St. Joseph, Michigan is hereby amended by amending Special Ordinance No. 39-1-2 to read as follows:
AN ORDINANCE TO IMPOSE A TEMPORARY MORATORIUM ON ANY SHORE PROTECTION STRUCTURES, SEAWALLS OR SIMILAR IMPROVEMENTS FOR CERTAIN PARCELS ABUTTING LAKE MICHIGAN.
Sec. 1. Intent and Purpose.
Consistent with its adopted Comprehensive Master Plan, the City desires to preserve and encourage open space along Lake Michigan and to maintain the integrity and character of the Lake Michigan shoreline. The City recognizes that the beach areas adjacent to the Ridgeway neighborhood and the south end of Lions Park Drive have distinctive characteristics and locations within the City, each with a large, open beach area along Lake Michigan and each located between and connects two public parks upon which the public has a right to unimpeded pedestrian use of as part of the public trust. The south end of the Lions Park Drive area also contains some public land located between the shore of Lake Michigan and private properties.
The City intends to conduct a review of various City regulations to further the maintenance and encouragement of open space, preservation of private property, and preservation of public trust areas along Lake Michigan in the above described neighborhoods. That review will include an analysis of the placement of, shore protection structures, seawalls, or other like improvements in this area and may include a request that the City Planning Commission also review this issue and make recommendations regarding possible zoning or other regulations.
The City Commission finds that there is a need to enact a temporary moratorium and that it is necessary for the preservation of the public safety and private property. Failure to enact this Ordinance while the City Commission and/or the Planning Commission actively reviews this matter will likely result in irreparable harm to the welfare of City residents and their properties given the domino-like impact that will occur if improvements adversely change erosion, etc. on the beach, the likely adverse impacts upon neighboring properties and the rights of the public to use the public portions of the beach due to the placement of, shore protection structures, seawalls, or similar fixed improvements along this area, and the fact that once such improvements are made and the public beach areas are impacted, such effects cannot be undone.
Sec. 2. Moratorium.
•1. A moratorium is hereby adopted until July 30, 2012, prohibiting the construction, erection or expansion of all shore protection structures, seawalls, and similar fixed improvements on parcels of property located within the following boundaries: (1) all properties located on the west side of the street known as Ridgeway within the area bounded on the south by the St. Joseph River and on the north by the northerly boundary of the City of St. Joseph and (2) those properties that are located on the west side of Lions Park Drive within the area bounded on the north by Silver Beach County Park, on the north by Park Street, and on the south by Lions Park.. This moratorium includes, without limitation, all shore protection structures, seawalls, retaining walls, break walls, groins and jetties along or parallel to the shore of Lake Michigan within the above-described area.
•2. In addition, a moratorium is hereby adopted until July 30, 2012, prohibiting the construction, erection or expansion of any Structure as defined by the Zoning Ordinance of the City of St. Joseph, within two hundred feet landward of the Ordinary High Water Mark for all parcels of property located on the west side of the street known as Ridgeway within the area bounded on the south by the St. Joseph River and on the north by the northerly boundary of the City of St. Joseph. Pursuant to the Natural Resources and Environmental Protection Act, Public Act 451 of 1994, Part 325, as amended, the Ordinary High Water Mark for Lake Michigan is 580.5 feet above sea level, International Great Lakes Datum of 1985.
•3. These moratoria may be extended by resolution of the City Commission for a period up to six (6) additional months if the City Commission determines it necessary to protect and promote the public health, safety and welfare.
Sec. 3. Effective Date.
This Ordinance shall be effective 10 days from the date of its final passage.
Commissioner Chickering moved; seconded by Commissioner Garey, that the foregoing ordinance be given a first reading and that a second reading be scheduled for March 26, 2012. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Mr. Walsh presented the following amendment to the City of St. Joseph Employees' Retirement System Ordinance:
AN ORDINANCE TO AMEND THE CITY OF ST. JOSEPH
EMPLOYEES' RETIREMENT SYSTEM ORDINANCE
THE CITY OF ST. JOSEPH ORDAINS:
Section 2. Definitions.
The following words and phrases used in this ordinance, unless a different meaning is clearly indicated by the context, shall have the following meanings:
Compensation means a member's salary or wages paid by the City for personal services rendered by him to the City, including base pay, shift differential, longevity pay and pay in lieu of holidays, but excluding overtime pay, allowances for clothing, food and equipment, and all lump sum payments made by the City pursuant to the provisions of a sick-leave, vacation-leave or compensatory time program. In case a member's compensation is not all paid in money, the City Manager shall fix the value of the portion of his compensation which is not paid in money.
Final average compensation means the average of the last three (3) consecutive years of annual compensation received by a member for credited service immediately preceding the date his employment by the City last terminates. If he has less than 3 years of credited service, his final average compensation shall be the average of his compensations for his total period of service.
Section 13. Membership.
•a) All persons who are regular full-time employees of the City, and all persons who become regular full-time employees of the City, shall be included in the membership of the retirement system, except as provided in subsection (b) of this section.
•b) The membership of the retirement system shall not include (1) any person whose service to the City is compensated on a fee basis; nor (2) any independent contractor; nor (3) any regular part-time or temporary employee, provided, that such exclusion shall not remove from membership an employee who was a member of the retirement system prior to February 27, 2012; nor (4) the City Manager, provided he was not a member of the retirement system at the time of his appointment and his exclusion is agreeable to both him and the City Commission.
•c) In any case of doubt as to the status of any employee with respect to membership in the retirement system, the board shall decide the question.
Commissioner Richards moved; seconded by Commissioner Goff, that the foregoing ordinance be given a second and final reading and be declared adopted. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Manager Walsh presented a Tentative Collective Bargaining Agreement between the City of St. Joseph and the St. Joseph Police Officers Association. The tentative agreement includes provisions for the formation of a Public Safety Department and the elimination of retiree health care, cost of living increases and longevity pay for all new hires.
Commissioner Richards moved; seconded by Commissioner Goff, to authorize the City Manager to execute the new 3-year Collective Bargaining Agreement between the City of St. Joseph and the St. Joseph Police Officers Association, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Manager Walsh presented a Tentative Collective Bargaining Agreement between the City of St. Joseph and the St. Joseph Police Command Officers Association. The tentative agreement includes provisions for the formation of a Public Safety Department and the elimination of retiree health care, cost of living increases and longevity pay for all new hires.
Commissioner Garey moved; seconded by Commissioner Goff, to authorize the City Manager to execute the new 3-year Collective Bargaining Agreement between the City of St. Joseph and the St. Joseph Police Command Officers Association, as presented. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Water Superintendent Greg Alimenti updated the City Commission regarding the potential for sharing a Water Superintendent with Benton Township. Representative Al Pscholka will meet with staff on March 27th to see if the State of Michigan will allow this collaboration.
Manager Walsh asked the City Commission to begin thinking about a candidate to fill the unexpired term of Dr. Jeffrey Schmidt on the Planning Commission; the term will expire May 1, 2014. Walsh suggested the City Commission look at candidates living in Precinct 1, as the other two precincts are currently well represented.
Community Development Director John Hodgson brought forward a request from Mr. Joe Dick of Harbor Shores Paddle sports to enter into a license agreement to allow operating a canoe and kayak livery on and adjacent to the former water tower site on the north side of the St. Joseph River. Mr. Dick proposed a 3-year license agreement, which would be in unison with his agreement with Harbor Shores Community Redevelopment to use a location on the Paw Paw River to launch paddle craft. The nonexclusive license would allow Mr. Dick to place storage trailers and a port-a-john on the property and to use the area to rent kayaks and canoes during the period May 1 to October 1 of each year. He confirmed that there would be no sale of food or other sundries. Mr. Dick offered the option of $500 for each year or 5% of revenues. John Hodgson noted that if authorized, the City Attorney would prepare a license agreement which would include requirements for insurance, aesthetics and liability.
Commissioner Richards moved; seconded by Commissioner Richards, to grant a non-exclusive license with Joe Dick on public property located adjacent to the former water tower site on the north side of the St. Joseph River for three (3) years with payment for the license to equate to 5% of the annual revenue. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
City Manager Walsh announced that the Howard Ice Arena had closed for the season a week early due to the unseasonably warm weather; the St. Joseph Today Annual Meeting was being held next Tuesday at 7:30 a.m. at Shadowland Ballroom; and introduced County Commissioner Cathy Thienamen.
Mayor Judd asked for a motion to go into closed session to review a legal opinion pertaining to Shorewell mediation.
Commissioner Chickering moved; seconded by Commissioner Richards, to go into closed session for the purpose of reviewing legal opinion pertaining to the St. Joseph Shorewell Project. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Commissioner Chickering moved; seconded by Commissioner Richards, to close the closed session. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
There being no further business, Mayor Judd moved to adjourn at 8:52 p.m.
Mayor City Clerk
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