MINUTES OF THE ST. JOSEPH CITY COMMISSION MEETING HELD IN THE COMMISSION CHAMBERS, CITY HALL, ST. JOSEPH, MICHIGAN ON JULY 9, 2012.
PRESENT: MAYOR JUDD
COMMISSIONERS CHICKERING, GAREY, GOFF AND RICHARDS
CITY MANAGER FRANK WALSH
CITY ATTORNEY LAURIE SCHMIDT
CITY CLERK DEB KOROCH
Mayor Judd called the meeting to order at 6:00 p.m.
Commissioner Richards moved; seconded by Commissioner Garey, approval of the July 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 comments: Mr. Burwell Carmichael of 909 Lions Park Drive commented and thanked city staff for their quick response regarding a request from neighborhood residents for additional trash cans near Lions Beach.
•· Disbursements paid since June 16, 2012 - $473,115.48
•· Minutes of the June 18, 2012 Regular Meeting
•· Minutes of the July 2, 2012 Study Session Meeting
•· Election Inspectors for the August 7, 2012 Primary Election
•· 2012 Taxi License for Advance Cab Company
•· Special Event - Chalk the Block - St. Joseph Today - August 2 -5
•· Special Event -505 Church Street Purchase Agreement - extending the closing date to August 1, 2012
Commissioner Chickering moved; seconded by Commissioner Richards, approval of the July 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.
Community Development Director John Hodgson presented the following amendments to the City of St. Joseph Code of Ordinances Chapters 19 and 20:
City of St. Joseph
Berrien County, Michigan
An ordinance to amend CHAPTER 19 of the Code of Ordinances of the City of St. Joseph, Michigan
THE CITY OF ST. JOSEPH ORDAINS:
•1. Chapter 19 of the Code of Ordinances of the City of St. Joseph, Michigan, is hereby amended by replacing Article VIII, Section 19-97 in its entirety and it shall now read as follows:
Sec. 19-97. Fireworks.
•a. Definitions. The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
The Act means Public Act 256 of 2011, the Michigan Fireworks Safety Act.
Agricultural and wildlife fireworks; articles pyrotechnic; consumer fireworks; display fireworks; firework or fireworks; low-impact fireworks; novelties; person; and special effects shall each have the meaning ascribed in the Act.
National holiday means the calendar day of a legal public holiday set in 5 USC 6103. At the time of enactment of this ordinance national holidays include: New Year's Day, January 1; Birthday of Martin Luther King, Jr., the third Monday in January; Washington's Birthday, the third Monday in February; Memorial Day, the last Monday in May; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Veterans Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25.
Prohibition on use of consumer fireworks. No person shall ignite, discharge or use consumer fireworks within the city, except this prohibition shall not preclude any person from the ignition, discharge, and use of consumer fireworks on the day preceding, the day of, or the day after a national holiday consistent with Section 7(2) of the Act, being MCL 28.457, and all other applicable local, state, or federal regulations. No person shall ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without the express permission of the property owner.
Display fireworks permits. As provided in Section 16 of the Act, being MCL 28.466, the City Commission may by resolution grant permits for the use of agricultural or wildlife fireworks, articles pyrotechnic, display fireworks, or special effects manufactured for outdoor pest control or agricultural purposes, or for public or private display within the city upon determining that the applicable provisions of state law are complied with and that the competency and qualifications of the proposed operator and the time, place and safety aspects of the proposed display are satisfactory. The applicant shall provide a written application as provided in the Act and shall provide all information required by the Act as well as such information as may be deemed necessary in the discretion of the City Commission to allow the City Commission to make a determination and rule on the application. The City Commission shall by resolution set the amount of bond or insurance deemed necessary to comply with the Act and may by resolution set a permit fee as permitted by the Act, which fee shall be paid before the permit is issued.
City of St. Joseph
Berrien County, MichigaN
An ordinance to amend CHAPTER 20 of the Code of Ordinances of the City of St. Joseph, Michigan
THE CITY OF ST. JOSEPH ORDAINS:
Chapter 20 of the Code of Ordinances of the City of St. Joseph, Michigan, is hereby amended as follows:
Article II, Section 20-17(7) shall be replaced in its entirety and it shall now read as follows:
•7. Ignition, discharge or use of fireworks, except for low-impact fireworks, as defined in Section 19-97 of the St. Joseph Code of Ordinances, or of any other explosives or explosive devices, without the express permission of the City of St. Joseph. The provisions of Michigan law allowing the use of fireworks during the time periods surrounding national holidays do not authorize the use of fireworks on public property at any time without the express permission of the city.
•8. Article II, Section 20-18, shall be amended to add subsection (15), which shall read as follows:
•15. Ignition, discharge or use of low-impact fireworks, as defined in Section 19-97 of the St. Joseph Code of Ordinances, without the express permission of the City of St. Joseph. The provisions of Michigan law allowing the use of fireworks during the time periods surrounding national holidays do not authorize the use of fireworks on public property at any time without the express permission of the city.
Discussion ensued regarding a new state fireworks law and the limitations it places on local municipalities to regulate fireworks use.
Commissioner Richards moved; seconded by Commissioner Goff, that the proposed foregoing ordinance be approved and given its first reading and that the second reading be scheduled for July 23, 2012. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Mr. Hodgson next introduced Mr. Ron Schults of Edgewater Development who is working on a proposal for a Planned Unit Development for the initial phase of Harbor Village at Harbor Shores, which he expects will go to the Planning Commission on August 2. Mr. Hodgson reminded members of the City Commission that Mr. Schults' concept includes the city taking ownership of two parcels that would provide the bulk of the parking for the development, and in addition the city (jointly with Benton Harbor) holds title to the waterfront park parcels and the turning basin. As city-owned property is not subject to the zoning ordinance, these properties would not be included in the PUD approval but likely would be represented by conditions. He further stated that there are many aspects of the project that would require detailed review and approval in the future-including the property transfers, grants, indemnification and maintenance agreements, as well as city commission approval of any actual designs for or uses of city property. Mr. Schults gave a brief presentation and asked the City Commission to consider affirming that they are willing to explore these private/public ownership concepts, which would allow the Planning Commission to consider the PUD application.
Commissioner Chickering moved; seconded by Commissioner Garey, approval to explore the public/private concept of the Harbor Village development in order to allow the developer to request a Planned Unit Development permit for the private portions of the development. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Mr. Hodgson next updated the City Commission on the progress of the consultants working on a coastal study and stated staff is also working with the legal team of Bloom Sluggett, to be certain that the study and proposed ordinances would have a proper basis in law. He further stated that the moratorium on 1) any construction of structures within 200' of the Ordinary High Water Mark, north of the St. Joseph River, and 2) any shore protection structures anywhere on the Lake Michigan shoreline in the city, will expire July 30. Finally, he stated he expects to update the City Commission further at their next meeting on July 23 meeting regarding a possible extension of the moratorium to allow the Planning Commission to finish its recommendation and bring draft ordinances to the City Commission.
City Engineer Tim Zebell requested to hire Wachswater to perform a hydrant assessment program to continue progress on improving our water distribution system reliability. A proposal from Wachswater includes assessing operability, locating, flushing and recording flows at all hydrants in the City system. The total proposed fee is estimated at $35,766 and includes $2,350 to complete minor repairs to the hydrants, as necessary. If approved, he anticipates the work will start in late July or early August and be complete before the end of the summer
Commissioner Richards moved; seconded by Commissioner Goff, approval to accept the Wachswater Hydrant Assessment Program Proposal at an estimated fee of $35,766, per the recommendation of the City Engineer. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
Public Safety Director Mark Clapp updated the City Commission on the combination of our police and fire departments to form a new Public Safety Department. He stated that the transition to public safety began as planned on Sunday July 1st and has progressed well with members of both the police and fire departments actively participating in the process.
He further stated that at 7:51 a.m. on the first day of the implementation, a call was received of an arching power line at 322 Marina. Fortunately, the arching lines did not produce any major fire and the public safety officers reported the interaction with the duty crew on scene went well. But the alarm did give the public safety officers on duty their first opportunity to respond to a fire call in their new capacity.
City Manager Walsh reported that the Recreation Harbor Authority is providing some great momentum for the proposed new fish cleaning station and restroom facility at the City Boat Launch. The City is working with Abonmarche on a design, as well as a grant application to the Great Lakes Fishery Trust (GLFT) program through the Michigan Department of Natural Resources to partially fund the project. He explained the deadline for the grant application is August 23, 2012 and, if awarded, the new fish cleaning station will be constructed similar to the new station constructed in Holland.
Water Plant Superintendent Greg Alimenti requested the City Commission accept a proposal from Plas-tank of Hamilton, Ohio for the replacement of both of the water plant's bulk fluoride storage tanks at a cost of $29,540. He stated that staff is currently seeking separate competitive bids for the installation of the tanks. He reminded the City Commission that the City had recently received a $24,000 grant from the Michigan Department of Community Health to fund this project.
Commissioner Goff moved; seconded by Commissioner Richards, approval to accept the proposal from Plas-Tank Industries of Hamilton, Ohio in the amount of $29,540 for the replacement of two (2) bulk fluoride storage tanks at the water plant. Roll call resulted as follows: Yeas: Commissioners Chickering, Garey, Goff, Mayor Judd, and Commissioner Richards. Nays: None. Absent: None. Motion carried.
City Manager Walsh updated the City Commission on the status of the collective bargaining agreement with Fire Fighters Local 1670. He stated that the City's labor counsel is recommending the City file two motions with the Michigan Employment Relations Commission (MERC) regarding the Union's failure to sign the ratified agreement and their request for a 312 Arbitration hearing. He reminded the City Commission that union members had voted unanimously to accept the tentative agreement and that representatives of the union had notified him in person of that decision before the City Commission was asked to approve the agreement in April. He asked the City Commission to authorize him to work with labor counsel on these MERC filings.
Commissioner Richards moved; seconded by Commissioner Goff, authorization for the City Manager to work with labor counsel to file an Unfair Labor Practice claim regarding the failure of the fire union to sign the ratified agreement and a Motion to Dismiss the 312 Arbitration hearing request filed by the union attorney. 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 6:58 p.m.
Mayor City Clerk