Meetings & Agendas

AGENDA

MONDAY, MARCH 26, 2012

6:00 PM

NEXT MEETING

MONDAY, APRIL 9, 2012

6:00 P.M.

Thank you for your attendance

MINUTES OF THE ST. JOSEPH CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, ST. JOSEPH, MICHIGAN ON MARCH 26, 2012.

PRESENT:       MAYOR JUDD

COMMISSIONERS CHICKERING, GAREY, GOFF AND RICHARDS

                        CITY CLERK DEB KOROCH

                        CITY ATTORNEY LAURIE SCHMIDT

                        RECORDING SECRETARY BEVERLY RIGTERINK

ABSENT:         CITY MANAGER FRANK WALSH

Mayor Judd called the meeting to order at 6:00 p.m.

Mayor Judd recognized members of the St. Joseph High School State Champion Swim Team; he presented the team with street signs.

Mayor Judd presented the March 26, 2012 Agenda for approval.

Commissioner Richards moved; seconded by Commissioner Garey, approval of the March 26, 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. 

There being no public comment, Mayor Judd next presented the March 26, 2012 Consent Agenda for approval:

•·  Disbursements paid since March 21, 2012 in the amount of $1,150,821.29.

•·  Minutes of the March 12, 2012 Regular Meeting

•·  Special Event - SJHS Band and Orchestra - May 24, 2012

Commissioner Richards moved; seconded by Commissioner Goff, approval of the March 26, 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.

City Clerk Deb Koroch introduced Downtown Development Authority member Bret Bortner who updated the City Commissioners on his subcommittee and their work to develop a protocol and design for new Main Street banners.  The committee recommends placing eight (8) permanent banners, two of each design depicting; dining, shopping, lake view and the Welcome Center.  They recommend the remaining poles be available (at their own cost) for marketing the events of other non-profits such as the Krasl Art Center, the Box Factory of the Arts, and others.  The same basic banner colors and layout would be utilized for all banners.  Banners placed within the DDA area would be funded through the Downtown Development Authority Fund.

Commissioner Chickering moved; seconded by Commissioner Garey, approval of the design and protocol for Main Street banners, as developed and presented by the Downtown Development Authority.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Tami Miller, the Krasl Art Center Curator, was introduced. Ms. Miller updated the City Commissioners on the 2012 Krasl Art Center Biennial Sculpture Project.  She stated that she had met with Commissioner Chickering and Public Works Director Derek Perry to discuss the art selections, placement and timeline.

Attorney Schmidt presented, for a second and final reading, an 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 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.

Attorney Schmidt presented the following amendment to Chapter 8 of the City of St. Joseph Code Ordinances:

City of St. Joseph

Berrien County, Michigan

An ordinance to amend CHAPTER 8 of the Code of Ordinances of the City of St. Joseph, Michigan

THE CITY OF ST. JOSEPH ORDAINS:

Chapter 8, Article VI, Section 8-96(b) is hereby amended as follows:

Section 106.3 shall read as follows:

106.3. Prosecution of violation.  Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a civil infraction. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.  Any action taken by the authority having jurisdiction on such premises, including administrative costs as set by the City Commission, shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.

Section 106.4 Insert the following after the existing paragraph:

•a)     A first violation of any provision of this code is a municipal civil infraction which shall, upon a determination of responsibility, be punished by a fine of not less than $50.00.

•b)     A second violation of any provision of this code within a two-year period is a municipal civil infraction which shall, upon a determination of responsibility, be punishable by a fine of not less than $150.00.

•c)     A third violation of any provision of this code within a two-year period is a municipal civil infraction which shall, upon a determination of responsibility, be punishable by a fine of not less than $300.00.

•d)     The fourth and any subsequent violation of any provision of this code within a two-year period is a misdemeanor which shall, upon conviction, be punishable in accordance with section 1-11 of the Code of Ordinances of the City of St. Joseph.

•e)     In all instances, the city's costs of enforcement, abatement and prosecution may be added to any fine imposed by the court.

•f)      In addition to the penalties provided by this section, the court shall have equitable jurisdiction to enforce any judgment, writ, or order necessary to enforce any provision of this chapter, the violation of which is a municipal civil infraction, including, but not limited to, abatement of the violating condition or granting any injunctive relief.

Section 107.2 Subsection 4 shall read as follows:

4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure or property into compliance with the provisions of this code.  For violations of Section 302.4, forty-eight (48) hours is deemed a reasonable time to make improvements for the purpose of this subsection.

Section 107.3 Insert subsection 4 which shall read as follows:

4. For violations of Section 302.4 only, posted in a conspicuous place in or about the property that is the subject of such notice or on public property adjacent to the property that is the subject of such notice.

Section 302.3 shall read as follows:

302.3 Sidewalks, driveways and adjacent public ways.  All sidewalks, walkways, stairs, driveways, parking spaces, adjacent public ways, and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.  Trees, shrubs, hedges, bushes or other growing things shall be trimmed and maintained in such manner so as not to obstruct the view ahead, the view at intersections of persons using public streets, sidewalks or other public ways, or to impede the public use of the full width of such streets, sidewalks, or other public ways.

Upon failure of the owner or agent having charge of a property to trim or maintain trees, shrubs, hedges, bushes or other growing things after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction.  Upon failure to comply with the notice of violation, any duly authorized employee or agent of the City shall be authorized to enter upon the property upon which the violation occurs and trim or maintain the trees, shrubs, hedges, bushes or other things growing thereon, and the costs of such removal including administrative fees as set by the City Commission shall be paid by the owner or agent responsible for the property.

Section 302.4 shall read as follows:

302.4 Weeds.  All premises and exterior property shall be maintained free from weeds or plant growth in excess of 6 inches.  All noxious weeds shall be prohibited.  Weeds and plant growth shall be defined as all grasses, annual plants, shrubbery, and vegetation.  Exemption:  Trees, flower gardens, vegetable gardens, shrubbery and vegetation that are cultivated and tended in a manner customary for such plant and the surrounding area, and that do not otherwise constitute a nuisance.

Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction.  Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut or destroy the weeds growing thereon, and the costs of such removal including administrative fees as set by the City Commission shall be paid by the owner or agent responsible for the property.

This ordinance shall take effect 10 days after its final passage. 

Commissioner Goff moved; seconded by Commissioner Chickering, that the proposed foregoing ordinance be approved and given its first reading and that the second reading be scheduled for April 9, 2012.  Roll call resulted as follows: Yeas:  Commissioners Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: Commissioner Chickering.  Absent: None.  Motion carried.

Attorney Schmidt presented the following amendments to Chapter 18 of the City of St. Joseph Code Ordinances:

City of St. Joseph

Berrien County, Michigan

An ordinance to amend CHAPTER 18 of the Code of Ordinances of the City of St. Joseph, Michigan

THE CITY OF ST. JOSEPH ORDAINS:

Chapter 18 of the Code of Ordinances of the City of St. Joseph, Michigan, is hereby amended by replacing Article I, Sections 18-1 and 18-2 with the following Article I, Sections 18-1 and -18-2:

Sec.18-1 Defined.

Any act, thing, condition, land, building, or premises which annoys, injures or endangers the safety, health,   or welfare  of the general public; interferes with or destroys or renders dangerous any street, sidewalk, highway or navigable stream; allows accumulation of junk , debris or obnoxious materials on private property; materially and adversely effects the use, habitability, or economic wellbeing of nearby property; prohibits the routine maintenance of that premises;  or in any way renders the public insecure in life or property, is declared to be a public nuisance. Public nuisances shall include, but not be limited to, whatever is forbidden by any provision of this article and the common and statutory law of the state.

Sec. 18-2.  Illustrative enumeration.

The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are declared to be and constitute a public nuisance; provided, however, that this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:

•(1)   Accumulation of debris, rubbish, trash, refuse, junk, unused appliances or equipment, fence wire, firewood or lumber not piled or stacked neatly, flammable materials, unused construction materials or scraps, paint, old wearing apparel, plastic, rank growths of vegetation, piled brush, fallen tree limbs or like materials,  abandoned materials, metals, lumber or other like things;

•(2)   Any condition which provides harborage for or fosters the spread of disease or the breeding of insects, rats, mice, snakes and other vermin;

•(3)   Any building or other structure which is in such a condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in its vicinity, or presents a more than ordinarily dangerous fire or other health and safety hazard in the vicinity where it is located;

•(4)   All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches;

•(5)   The carcasses of animals or fowl not disposed of within a reasonable time after death;

•(6)   The pollution of any public stream, lake, canal or body of water by sewage, dead animals, industrial wastes or other substances;

•(7)   Any building, structure or other place or location where any continuing or regular activity which is in violation of local, state or federal law is conducted, performed or maintained;

•(8)   Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;

•(9)   Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities;

(10)      Outdoor storage of outdoor furniture that is deteriorated so that it is no longer fit for the intended use, , out of season home maintenance equipment , indoor furniture or fixtures, or items not designed for outdoor storage such as, but not limited to apparel, books, decorations, mattresses, appliances or equipment.

(11)      Rank growth of vegetation that may emit noxious odors, present a safety concern for that premises or nearby premises.

This ordinance shall take effect 10 days after its final passage. 

Commissioner Goff moved; seconded by Commissioner Richards, that the proposed foregoing ordinance be approved and given its first reading and that the second reading be scheduled for April 9, 2012. Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Mayor Judd recommended the City Commission consider the appointment of Kathy Burczak to the City Planning Commission to fill the vacancy created by the resignation of Dr. Jeffrey Schmidt.  If approved, Ms. Burczak would serve out the remainder of Dr. Schmidt's term which expires May 1, 2014.

Commissioner Goff moved; seconded by Commissioner Garey, approval of the appointment of Kathy Burczak to fill the unexpired term of Dr. Jeffrey Schmidt through May 1, 2014.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Clerk Koroch reported that staff has reached final terms of agreement with the negotiating team representing IAFF Local 1670 and that the proposals were currently under final review by the fire fighter's attorney before the group can officially vote on the offer.  Staff is hopeful that a tentative agreement will be approved prior to the next City Commission meeting.

Water Plant 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 and MDEQ officials on March 27^th to see if the State of Michigan will allow this collaboration.  Staff is hopeful that the collaboration will be allowed and there will be a draft agreement for consideration by the City Commission at their regular meeting on April 9, 2012.

Clerk Koroch reported Marina and Ice Rink Manager Jimmy Carolla has accepted a position as Reefpoint Marina Manager in Racine, Wisconsin.  A search is underway for his replacement.

City Engineer Tim Zebell presented a contract between the City of St. Joseph and the Michigan Department of Transportation for resurfacing of Napier Avenue between Langley Avenue and Niles Avenue. The contract calls for federal funding of up to 81.85% of the eligible street costs or up to $295,000 for the project. 

Commissioner Garey moved; seconded by Commissioner Goff, approval to the Napier Avenue resurfacing contract between the City of St. Joseph and the Michigan Department of Transportation, as presented, and to authorize the City Manager and the City Engineer to execute the contract.  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 7:00 p.m.

Mayor                                                                          City Clerk

SYNOPSIS

MONDAY, MARCH 26, 2012