Meetings & Agendas

AGENDA

MONDAY, APRIL 9, 2012

6:00 PM

NEXT MEETING

MONDAY, APRIL 23, 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 APRIL 9, 2012.

PRESENT:       MAYOR JUDD

COMMISSIONERS CHICKERING, GAREY, GOFF AND RICHARDS

                        CITY MANAGER FRANK WALSH

                        CITY ATTORNEY LAURIE SCHMIDT

                        CITY CLERK DEB KOROCH

ABSENT:         NONE 

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

Mayor Judd presented the April 9, 2012 Agenda for approval.

Commissioner Goff moved; seconded by Commissioner Chickering, approval of the April 9, 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. 

Airport Director Lee Scherwitz updated the City Commissioners on Capital Improvements at the Airport; Sylvia Lieberg of 810 State Street inquired about program changes to the Easter Egg Hunt.

Mayor Judd next presented the April 9, 2012 Consent Agenda for approval:

•·  Disbursements paid since March 22, 2012 in the amount of $355,457.61

•·  Minutes of the March 26, 2012 Regular Meeting

•·  Minutes of the March 28, 2012 Special Meeting

•·  Special Event - St. Joseph Lions Club White Cane Sale - April 27^th and 28th

Commissioner Richards moved; seconded by Commissioner Goff, approval of the April 9, 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.

Mr. Bob Rice, Rear Commodore of the St. Joseph River Yacht Club (SJRYC), was present to ask the City Commission to consider a request by the Yacht Club to designate the Rhumbline Regatta and the Tri-State Regatta "community events" for the purpose of allowing amplified sound until midnight for both of those events.  He further requested the City Commission consider this designation permanent.  Discussion ensued.

Commissioner Garey moved; seconded by Commissioner Goff, approval of the request from the St. Joseph River Yacht Club to designate the 2012 Rhumbline Regatta and the Tri-State Regatta as "community events" for the purpose of allowing amplified sound until midnight for both events.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Mr. and Mrs. Morgan Cragin were present with their contractor, Mr. Kevin Einfeld, president of BDR Executive Custom Homes.  The Cragins are ready to construct a new home on their beach property at 810 Lake Lane.  Staff has worked extensively with both parties to ensure compliance with the regulations of MDEQ, USACE and the Berrien County Drain Commissioner.  Mr. Einfeld, presented a plan to access the construction site via the west end of First Street; continuing north just behind the home of Ann Vandermolen.  He asked the City Commissioners to consider authorizing this use of public property during the enclosing stage of the home construction.

Commissioner Goff moved; seconded by Commissioner Richards, authorization for staff to prepare and issue a license agreement for Mr. and Mrs. Morgan Cragin and their contractor, BDR Executive Custom Homes to access the building site at 810 Lake Lane via public property located to the south and west of their building site.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Mr. Jack Sanderson asked the City Commission to consider allowing other property owners in the 800 block of Lake Lane to excavate the sand dune west of their properties in coordination with the Cragins and utilizing the same contractor.

Commissioner Goff moved; seconded by Commissioner Garey, authorization for staff to prepare and issue license agreements with property owners in the 800 block of Lake Lane to excavate the dune, as presented, provided all necessary federal and state permissions have been granted.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Attorney Schmidt presented a request by Jacobcorp LLC to transfer a liquor license from Tim's II LLC to Jacobcorp LLC.  Jacobcorp is the new owner of Tim's Too Restaurant located on Pleasant Street in the downtown. 

Commissioner Chickering moved; seconded by Commissioner Garey, approval of a request for transfer of ownership of an escrowed 2011 Class C & SDM licensed business with Entertainment Permit Direct Connections (4) & Specific Purpose Permit (Food) from Timothy's II LLC to Jacobcorp LLC, as presented.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Attorney Schmidt presented an agreement between the City of St. Joseph and Benton Charter Township for the shared services of an F-1 certified Water Plant Superintendent.  She stated that the City of St. Joseph has been providing Benton Charter Township with the Operator in Charge Services of its F-1 certified Water Plant Superintendent since January 31^st of this year.  In early February, City staff met with Township officials in the interest of pursuing a long term shared services agreement.  Such an agreement, while assuring continued compliance with the Safe Drinking Water Act, P.A. 399 of 1976, would benefit both communities by enabling them to share in the cost of a Superintendent and demonstrate to the State a commitment to the Economic Vitality Incentive Program, Act 63 of the Public Acts of 2011.  The draft agreement stipulates a minimum and average hours per day coverage.  The term is one year and gives the City the flexibility of utilizing its Chief Operator who is also certified at the F-1 level to assist.  The City will invoice the Township monthly for an amount equal to the Superintendent's or the Chief Operator's rate plus benefits for the number of hours spent at the Benton Township facility each month.

Commissioner Richards moved; seconded by Commissioner Garey, approval of an agreement between the City of St. Joseph and Benton Charter Township for the shared services of Water Filtration Plant Superintendent for a period of one year, as presented.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Attorney Schmidt presented for a second and final reading, an amendment to Chapters 8 and 18 of St. Joseph Code of Ordinances as follows:

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. 

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 Chickering moved; seconded by Commissioner Richards, that the proposed foregoing ordinances 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.

Community Development Director John Hodgson presented a proposal from A-ZAC Lawn Care of Coloma for the 2012 code enforcement mowing and trimming contract.  He stated that staff received two bids in response to their Request for Proposals, with A-ZAC being the lower of the two.  In addition, A-ZAC has performed this work for the City in prior years and staff confirms they have done a good job.

Commissioner Goff moved; seconded by Commissioner Garey, authorization to award the 2012 code enforcement mowing and trimming contract to A-ZAC Lawn Care of Coloma, based on their proposal and the quality of previous work performed on behalf of the City.  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 presented a listing of request for six (6) one day vending permits for the Blossomtime Day Parade from five (5) different applicants.  She stated that all applicants have been vetted and approved by the Police Chief as well as the Clerk's Office.  She recommended approval of the permits subject to current health department authorization and payment of vendor fees.

Commissioner Richards moved; seconded by Commissioner Goff, approval of six (6) Blossomtime Stationary Vendor Permits for Saturday, May 5, 2012, as presented.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Ms. Koroch next presented Tax Collection Agreements between the City of St. Joseph and each of the following school districts: St. Joseph Public Schools, Benton Harbor Area Schools, the Berrien Regional Education Service Agency and Lake Michigan College.  The Agreements define the terms and conditions by which the City of St. Joseph will collect and disburse summer school taxes back to each of the four school districts and are essentially the same as prior year agreements.  She asked that the City Commission consider authorizing her, as the City Treasurer, to enter into these agreements on behalf of the City.

Commissioner Garey moved; seconded by Commissioner Richards, approval of the Summer Tax Agreements between the City of St. Joseph and each of the local taxing school districts and authorization for the City Treasurer to execute the Agreements on behalf of the City.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

City Manager Frank Walsh presented a Tentative Collective Bargaining Agreement between the City of St. Joseph and the St. Joseph Fire Fighters Local 1670.  The tentative agreement includes provisions for the formation of a Public Safety Department, the elimination of minimum manning requirements, the ability to use reserves as shift strength, as well as, the elimination of retiree health care, cost of living increases and longevity pay for all new hires.

Commissioner Richards moved; seconded by Commissioner Garey, to authorize the City Manager to execute the new 3-year Collective Bargaining Agreement between the City of St. Joseph and the St. Joseph Fire Fighters Local 1670, as presented.   Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Attorney Schmidt presented a draft copy of a proposed Ethics and Conflict Policy that she and city staff has developed based on similar policies of several other Michigan communities.  The policy, once adopted, will be used by all elected and appointed City Board and Commission members.  She asked the City Commissioners to review for later discussion and consideration.

City Manager Walsh stated that the City of Bangor has once again asked for his assistance with the search and interview/selection process of a new City Manager. As in the past, he would volunteer his services to assist a neighboring community.  He asked the City Commission to authorize his participation in this effort.

Commissioner Richards moved; seconded by Commissioner Chickering, approval of request from the City of Bangor to allow City Manager Walsh to assist in their search for a new City Manager.  Roll call resulted as follows: Yeas:  Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards.  Nays: None.  Absent: None.  Motion carried.

Attorney Schmidt requested Commission approval of the MDOT Contract for the Lake Street Reconstruction Project with Federal Transportation Improvement Project (TIP) program funding up to 81.85% of the eligible street costs, or up to $236,100 for this project.  She stated that, although the MDOT Contract contains the standard boiler-plate MDOT verbiage and is essentially the same contract the City has approved numerous times before, staff has taken exception (for this project) to Part I of item 7 of the contract which states, "Upon completion of construction of the PROJECT, the REQUESTING PARTY will promptly cause to be enacted and enforced such ordinances or regulations as may be necessary to prohibit parking in the roadway right-of-way through the limits of the PROJECT."  MDOT Contract's Division has addressed this concern by agreeing to replace Item 7 with the following mutually acceptable language: "At such time as traffic volumes and safety requirements warrant, the REQUESTING PARTY will cause to be enacted and enforced such ordinances as may be necessary to prohibit parking in the traveled roadway throughout the limits of the PROJECT."

Commissioner Richards moved; seconded by Commissioner Goff, approval of an Agreement with MDOT for the reconstruction of Lake Street, as presented with the mutually acceptable alternate language for Part 1, Item 7.  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 7:25 p.m.

Mayor                                                                          City Clerk

SYNOPSIS

MONDAY, APRIL 9, 2012