City Council Minutes

 

2013 Minutes

 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        January 2, 2013

 

The Regular Meeting of the Saint Louis City Council was called to order by Mayor Pro Tem Melissa Allen on Wednesday, January 2, 2013 at 7:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor Pro Tem Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      Mayor James C. Kelly (excused)

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

 

Others in Attendance:

Tom, Laura and Taylor Clark-Wheeler, Bev Clark-Alma, Katherine Ranzenberger-Mt. Pleasant, Joe Fuentes-St. Louis, Kurt Giles-Public Services Director, Several St. Louis Police Officers

           

Member Church led in the Pledge of Allegiance to the flag.

 

Awards Presentation.

 

Police Chief Herblet introduced Gratiot County Animal Control Officer Tom Clark and St. Louis Police Officer Jon Rugenstien, the two officers present at an incident that took place on November 6, 2012.

 

Chief Herblet stated a car had fallen on a resident and the two officers lifted the car and saved the man’s life.

 

Both officers were presented with a plaque.  Officer Rugenstien was also presented with a life saving pin to wear on his uniform.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of December 18, 2012.

 

Moved by Kubin, supported by Shrum, to approve the minutes of the Regular Meeting held on December 18, 2012. All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Kubin, supported by Shrum, to approve the Claims & Accounts, in the amount of $264,032.31.  All ayes carried the motion.

 

Monthly Minutes.

 

City Council discussed the December, 2012 Monthly Minutes.

 

Member Allen requested the Park Plan timeline mentioned in the Park Minutes be attached to the Park minutes.

 

Moved by Kubin, supported by Shrum, to receive and place on file the December, 2012 Monthly Minutes.  All ayes carried the motion.

 

Public Comments.    

 

None

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” and “b” as shown below.

 

a.       Correspondence from MML Liability and Property Pool Workers’ Compensation   Fund - Receive.

b.      Payment to T & R Electric - Approve.

 

Moved by Kubin, supported by Shrum, to approve Consent Agenda items “a” and “b.” All ayes carried the motion.

 

Recess City Council Meeting.

 

Mayor Pro Tem Allen recessed the Council Meeting at 7:20 p.m.

 

Cemetery Board of Trustees Meeting – Call to Order.

 

Mayor Pro Tem Melissa Allen called the Oak Grove Cemetery Board of Trustees Meeting to order at 7:20 p.m.

 

Minutes.

 

Moved by Trustee Church, supported by Trustee Shrum, to approve the minutes of the regular meeting held on Monday, January 9, 2012.  All ayes carried the motion.

 

Financials.

 

Cemetery Financials were discussed.

 

Moved by Trustee Church, supported by Trustee Shrum, to approve the Financial Reports through December, 2012.  All ayes carried the motion.

 

Annual Report.

 

The Annual 2012 Oak Grove Cemetery Report was reviewed by the Board of Trustees.

 

Moved by Trustee Kubin, supported by Trustee Shrum, to receive and place the 2012 Annual Oak Grove Cemetery Report on file.  All ayes carried the motion.

 

Public Comments.

 

Member Shrum inquired on the possibility of a pet cemetery and cremation only section.  Members will discuss the request in further detail at the goal setting session on January 9th.

 

Adjournment.

 

Moved by Trustee Shrum, supported by Trustee Church, to adjourn the Oak Grove Cemetery Board of Trustees meeting at 7:35 p.m.  All ayes carried the motion.

 

Reconvene City Council Meeting.

                                                

Moved by Shrum, supported by Church, to reconvene the City Council Meeting at 7:35 p.m.  All ayes carried the motion.

 

New Business.

 

Appointment of City Board and Commissions.

 

City Council discussed the recommended appointments of City Boards and Commission Members.

 

Moved by Kubin, supported by Shrum, to appoint the following Board & Commission Members: 

 

Sue Whitford-Board of Review & Board of Special Assessors                   

Kevin Palmer-Board of Review & Planning 

Don Kelly-Board of Review

Bill Leonard-Board of Special Assessors

Tom Reed-Board of Review, Building Code Board of Appeals and Zoning Board of Appeals

Dan Doepker and Harold McClintic-Building Code Board of Appeals                                           

Steve Baumann and Steve Near-DDA Board                                               

Holly Brannan-Harris-Library Board                         

Jeff DeRosia, Mary Reed and Dorothy Trgina-Parks & Recreation

Walt Smith-Planning

All ayes carried the motion. 

 

The following are Vacancies on the Boards & Commissions:

Cemetery Committee – 2                                Zoning Board of Appeals – 1

DDA – 1                                                         Parks & Recreation – 1

 

An article listing the vacancies will be placed in the next City Newsletter.

 

Approve Designation of City Official Newspapers.

 

City Manager McConkie requested City Council Members designate the Gratiot County Herald, the Morning Sun and the City of St. Louis Website as the City’s Official Publication and Newspapers for the Year 2013.

 

Moved by Church, supported by Shrum, to designate the Gratiot County Herald, the Morning Sun and the City of St. Louis Website as the City’s Official Publication and Newspapers for the Year 2013.  All ayes carried the motion.

 

Approve Designation of Official Depositories for City Funds.

 

City Manager McConkie requested City Council Members designate St. Louis Chemical Bank & Trust, Commercial Bank, St. Louis First Bank, US Bank of Detroit, First of America Bank of Detroit, Isabella Bank & Trust of Breckenridge and Michigan CLASS as Official Depositories for City Funds for the Year 2013. 

 

Moved by Shrum, supported by Church, to designate St. Louis Chemical Bank & Trust, Commercial Bank, St. Louis First Bank, US Bank of Detroit, First of America Bank of Detroit, Isabella Bank & Trust of Breckenridge and Michigan CLASS as Official Depositories for City Funds for the Year 2013.  All ayes carried the motion.

 

Approve Resolution 2013-01.

 

City Manager McConkie requested Council Members adopt Resolution 2013-01 for the Michigan Department of Transportation State Trunkline Right of Way Permit Application.

 

The following preamble and resolution were offered by Member Shrum, and supported by Member Church:               

This Performance Resolution is required by the Michigan Department of Transportation for purposes of issuing to a municipal utility an ''Individual Permit for Use of State Trunkline Right of Way'' (form 2205), or an ''Annual Application and Permit for Miscellaneous Operations Within State Trunkline Right of Way'' (form 2205B).

RESOLVED WHEREAS, the City of St. Louis hereinafter referred to as the “GOVERNMENTAL BODY,'' periodically applies to the Michigan Department of Transportation, hereinafter referred to as the "DEPARTMENT," for permits, referred to as ''PERMIT,'' to construct, operate, use and/or maintain utility or other facilities, or to conduct other activities, on, over, and under state trunkline right of way at various locations within and adjacent to its corporate limits;

NOW THEREFORE, in consideration of the DEPARTMENT granting such PERMIT, the

GOVERNMENTAL BODY agrees that:

Each party to this Agreement shall remain responsible for any claims arising out of their own acts and/or omissions during the performance of this Agreement, as provided by law.

This Agreement is not intended to increase either party’s liability for, or immunity from, tort claims.

This Agreement is not intended nor shall it be interpreted, as giving either party hereto a right of indemnification, either by Agreement or at law, for claims arising out of the performance of this Agreement.

1.      Any work performed for the GOVERNMENTAL BODY by a contractor or subcontractor will be solely as a contractor for the GOVERNMENTAL BODY and not as a contractor or agent of the DEPARTMENT. Any claims by any contractor or subcontractor will be the sole responsibility of the GOVERNMENTAL BODY. The DEPARTMENT shall not be subject to any obligations or liabilities by vendors and contractors of the GOVERNMENTAL BODY, or their subcontractors or any other person not a party to the PERMIT without its specific prior written consent and notwithstanding the issuance of the PERMIT.

 

2.      The GOVERNMENTAL BODY shall take no unlawful action or conduct, which arises either directly or indirectly out of its obligations, responsibilities, and duties under the PERMIT which results in claims being asserted against or judgment being imposed against the State of Michigan, the Michigan Transportation Commission, the DEPARTMENT, and all officers, agents and employees thereof and those contracting governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract. In the event that the same occurs, for the purposes of the PERMIT, it will be considered as a breach of the PERMIT thereby giving the State of Michigan, the DEPARTMENT, and/or the Michigan Transportation Commission a right to seek and obtain any necessary relief or remedy, including, but not by way of limitation, a judgment for money damages.

 

3.      It will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State trunkline right of way resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL BODY'S facilities according to a PERMIT issued by the DEPARTMENT.

 

4.      With respect to any activities authorized by PERMIT, when the GOVERNMENTAL BODY requires insurance on its own or its contractor's behalf it shall also require that such policy include as named insured the State of Michigan, the Transportation Commission, the DEPARTMENT, and all officers, agents, and employees thereof and those governmental bodies performing permit activities for the DEPARTMENT and all officers, agents, and employees thereof, pursuant to a maintenance contract.

 

5.      The incorporation by the DEPARTMENT of this resolution as part of a PERMIT does not prevent the DEPARTMENT from requiring additional performance security or insurance before issuance of a PERMIT.

 

6.      This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL BODY or the DEPARTMENT with no less than thirty (30) days prior written notice to the other party. It will not be cancelled or otherwise terminated by the GOVERNMENTAL BODY with regard to any PERMIT which has already been issued or activity which has already been undertaken.

 

BE IT FURTHER RESOLVED, that the following position(s) are authorized to apply to the Michigan Department of Transportation for the necessary permit to work within state trunkline right of way on behalf of the GOVERNMENTAL BODY.

Name:                                                                                      Title:

­­­­­­­­­­­Robert McConkie                                                                   City Manager

Kurt Giles                                                                               Utilities Director

Yeas:   Shrum, Church, Kubin, Allen

Nays:  None

Absent:  Kelly

Resolution Declared Adopted this 2nd  day of January, 2013.

Request to Close City Hall for Software Conversion.

 

Finance Director/Treasurer Bobbie Marr requested Council Members approve the request to close City Hall to the public on March 26, 27, and 28, 2013 in order for the software conversion to take place.

 

Moved by Church, supported by Shrum to authorize Finance Director/Treasurer Bobbie Marr to close City Hall to the public on March 26, 27, & 28, 2013 for software conversion.  All ayes carried the motion.

 

Tank Removal at 320 North Mill Street.

 

City Manager McConkie requested Council Members approve the Proposal from Bierlein to excavate and remove (1) 500-gallon UST located at 320 North Mill Street in the amount of $5,700.00.

 

Moved by Kubin, supported by Church, to approve the Proposal from Bierlein to excavate and remove (1) 500-gallon UST located at 320 North Mill Street in the amount of $5,700.00.  All ayes carried the motion.

 

Replacement of Wastewater Treatment Plant Garage Roof.

 

City Manager McConkie requested Council Members approve the Proposal from Lott Construction to re-roof the Wastewater Treatment Plant Garage in the amount of $6,729.00.

 

Moved by Church, supported by Shrum, to approve the Proposal from Lott Construction to re-roof the Wastewater Treatment Plant Garage in the amount of $6,729.00.  All ayes carried the motion.

 

Replenish Advance to Gratiot Water Authority.

 

City Manager McConkie requested Council Members authorize to replenish the advance to the Gratiot Water Authority in the amount of $64,665.47.

 

Moved by Shrum, supported by Church to authorize to replenish the advance to the Gratiot Water Authority in the amount of $64,665.47.  All ayes carried the motion.

 

City Manager Report.

 

None

 

City Clerk Report.

 

City Clerk Mari Anne Ryder asked if Council Members are interested in attending the Chamber Dinner, which is scheduled for Thursday, January 31, 2012 at 6:00 p.m. at Masonic Pathways.

 

Ticket arrangements will be made once all members have confirmed.

 

Police Chief’s Report.

 

Chief Herblet informed members the speed trailer is here and they will be trained on operating the trailer soon.

 

City Council Comments.

 

Member Shrum inquired about the possibility of a cat ordinance.  This request will be discussed at the Goal setting meeting on January 9th.

 

Member Kubin stated he thinks the award program Chief Herblet set up is great and he is proud of the St. Louis Police Department.

 

Member Church inquired about the possibility of seal coating a portion of North Clinton Street and the second block of Berea Street.

 

Public Services Director Giles stated North Clinton was probably in too bad of condition to seal coat, but he will check Berea Street.

 

Member Church asked if City Hall was set up to take credit cards for utility bills and taxes.  Finance Director Marr stated once the new software is up and running, residents will be able to pay with a credit card.

 

Member Allen asked if arrangements for the employee appreciation dinner have been made yet.

 

City Manager stated they have not yet, but we will be working on the details soon.

 

Mayor Pro Tem Allen recessed the Council meeting at 8:12 p.m.

 

Reconvene City Council Meeting.

                                                

Moved by Shrum, supported by Church, to reconvene the City Council Meeting at 8:18 p.m.  All ayes carried the motion.

 

Moved by Church, supported by Shrum, to go into closed session to consider the purchase of real estate at 8:18 p.m.

 

Yeas:  Church, Shrum, Kubin, Allen

Nays:  None

All ayes carried the motion.

 

Moved by Kubin, supported by Shrum, to reconvene the regular meeting at 9:00 p.m.  All ayes carried the motion.

 

Moved by Church, supported by Shrum, to accept the City Manager’s recommendation made in closed session.  All ayes carried the motion.

 

Moved by Kubin, supported by Shrum, to adjourn the meeting at 9:05 p.m.  All ayes carried the motion.

 

Mari Anne Ryder

City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        January 15, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, January 15, 2013 at 7:30 a.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance: Phil Hansen, Mark Abbott, Dori Foster, Bobbie Marr, Mike Parsons          

           

Member Allen led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of January 2, 2013.

 

Moved by Shrum, supported by Allen, to approve the minutes of the Regular Meeting held on January 2, 2013 with the following correction:  Remove “Kelly” page 264 from motion to reconvene Council Meeting.  All ayes carried the motion.

 

Closed Session Minutes of January 2, 2013

 

Moved by Kubin, supported by Allen, to approve the minutes of the Closed Session held on January 2, 2013.  All ayes carried the motion.

 

City Council discussed the Special Meeting minutes of January 9, 2013.

 

Moved by Kubin, supported by Church, to approve the minutes of the Special Meeting held on January 9, 2013.  All ayes carried the motion.

 

Closed Session Minutes of January 9, 2013.

 

Moved by Allen, supported by Shrum, to approve the minutes of the Closed Session held on January 9, 2013.  All ayes carried the motion.

 

Financial Statements.

 

City Council discussed the Financial Statements.

 

Moved by Kubin, supported by Shrum, to receive and place the Financial Statements on file.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Shrum, supported by Allen, to approve the Claims & Accounts in the amount of $380,879.39  All ayes carried the motion.

 

Monthly Reports.

 

City Council discussed the December, 2012 Monthly Reports.

 

Moved by Shrum, supported by Church, to receive and place on file the December, 2012 Monthly Reports.  All ayes carried the motion.

 

Public Hearing – Park Plan

 

Mayor Kelly opened the Public Hearing for the City of St. Louis Five Year Parks & Recreation Plan 2013-2017 at 7:53 a.m.

 

City Manager McConkie commended the Parks & Recreation Commission Members for the excellent job they did in drafting the plan.

 

The Public Hearing was left open in case any residents attended.

 

Public Comments.    

 

None

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” and “b” as shown below.

 

a.       Payment to Applied Concepts, Inc. -  $7,699.00 for Speed Trailer - Approve.

b.      Payment to Rowe - $24,500.00 for Professional Services - Approve.

 

Moved by Shrum, supported by Church, to approve Consent Agenda items “a” and “b”. All ayes carried the motion.

 

New Business.

 

Request from City Resident.

 

City Manager McConkie stated City Hall staff received a request from a City resident requesting the removal of $14.27 off solid waste bill stating recycling has not been picked up.

 

Moved by Shrum, supported by Church, to approve to place the correspondence on file.  All ayes carried the motion.

 

Biosolids Agreement.

 

City Manager McConkie requested City Council Members extend the agreement between the City of St. Louis and Synagro for one year, commencing January 1, 2013 and continuing through December 31, 2013 for land application of biosolids, and authorize the City Manager to execute the agreement.

 

Moved by Allen, supported by Shrum, to extend the agreement between the City of St. Louis and Synagro for one year, commencing January 1, 2013 and continuing through December 31, 2013 for land application of biosolids, and authorize the City Manager to execute the agreement.  All ayes carried the motion.

 

School Election Agreement.

 

City Manager McConkie requested City Council Members approve the Agreement between the City of St. Louis and the St. Louis Public Schools.  The agreement outlines the duties and responsibilities for conducting all elections for the St. Louis Public Schools for a four year period, expiring January 31, 2017.

Moved by Shrum, supported by Allen, to approve the School Election Agreement between the City of St. Louis and the St. Louis Public Schools and authorize the City Clerk to execute the agreement.  All ayes carried the motion.

 

Gratiot-Isabella Election Coordinating Agreement.

 

City Manager McConkie requested Council Members approve the agreement between the City of St. Louis and the Gratiot-Isabella Regional Education Service Agency for the conduct of the Gratiot & Isabella County School Districts’ Elections. 

 

Moved by Kubin, supported by Church, to approve the Gratiot & Isabella County School Election Districts’ Election Agreement and authorize the City Clerk to execute the agreement.  All ayes carried the motion.

 

Odd/Even Year Elections.

 

City Manager McConkie stated he received attorney opinion regarding odd/even year City Elections. 

 

City Council by Resolution can change to even year elections.

 

Council Members discussed changing City elections to even year.

 

Moved by Kubin, supported by Church not to change to even year City Elections.  All ayes carried the motion.

 

Bid Award-Dam Retaining Wall Replacement.

 

Public Services Director Kurt Giles stated a bid opening was held on Thursday for the Retaining Wall Replacement at Barnum Park.  There were 12 bids received and Riverworks Construction, Inc. was low bidder at $291,640.00. MDOT’s background check turned out to be good.  Rowe Inc. is familiar with the company and is recommending Riverworks Construction be awarded the bid.

 

City Manager requested Council Member award the bid to Riverworks Construction, Inc. for the Retaining Wall Replacement at Barnum Park in the amount of $291,640.00.

 

Moved by Church, supported by Allen, to approve the bid award to Riverworks Construction, Inc. in the amount of $291,640.00.  All ayes carried the motion.

 

Confirm Verbal Approval – Prison Pump Station Pump.

 

City Manager McConkie requested Council Members confirm verbal approval for the purchase of a 650 GPA Pump at the Prison Pump Station from Vaughan Company, Inc. in the amount of $27,386.00 which would be reimbursed by the State of Michigan.

 

Moved by Shrum, supported by Church, to confirm verbal approval for  the purchase of a 650 GPA Pump at the Prison Pump Station from Vaughan Company, Inc. in the amount of $27,386.00 which would be reimbursed by the State of Michigan. All ayes carried the motion.

 

Resolution to Establish Bethany and Pine River Water Rate Schedule.

 

City Manager McConkie requested Council Members approve Resolution 2013-03.  A Resolution to establish Bethany and Pine River Water Rate Schedule.

 

Moved by Kubin, supported by Shrum, to establish rates for water usage to Bethany and Pine River Townships as follows:

WHEREAS, annual review of the user charge system dictates rates charged to the townships of Bethany and Pine River shall be adjusted as depicted below, and

NOW, THEREFORE BE IT RESOLVED, the following rates shall be effective for all bills rendered to the townships due and payable January 1, 2013, and thereafter:

(a)     Township commodity rate:

            Bethany                                                                       $3.06 per 1,000 gallons

            Pine River                                                                   $2.03 per 1,000 gallons

Roll Call Vote:

Yeas: Kubin, Shrum, Church, Allen, Kelly

Nays:  None

Resolution Declared adopted this 15th day of January, 2013.

Mayor Kelly closed the Public Hearing for the City of St. Louis Five Year Parks & Recreation Plan 2013-2017 at 8:30 a.m.

 

Resolution 2013-02 Adoption of St. Louis Recreation Plan.

 

The following preamble and resolution were offered by Member Shrum, and supported by Member Church.

 

WHEREAS, the City of St. Louis has undertaken a five-year Recreation Plan which describes the physical features, existing recreation facilities, goals and objectives, and the desired actions to be taken to improve and maintain recreation facilities during the period between 2013 and 2017 and,

WHEREAS, the plan is written for the benefit of the residents of City of St. Louis and the St. Louis School District,

WHEREAS, an online input survey was made available to the public from in August and September of 2012, and

WHEREAS, the draft Recreation Plan was made available for review and public comment from December 13, 2012 to January 13, 2013, and

WHEREAS, a public meeting was held on January 14, 2013 at 4:15 pm, at the St. Louis City Hall to provide an opportunity for citizens to express opinions, ask questions, and discuss all aspects of the Recreation Plan, and

WHEREAS, the City of St. Louis has developed the Recreation Plan for the benefit of the entire community and wishes to use the plan as a document to assist in meeting the recreation needs of the community,  and

WHEREAS, on January 14, 2013 the St. Louis Parks and Recreation Commission recommended that the City of St. Louis City Council adopt the Recreation Plan, and

NOW, THEREFORE BE IT RESOLVED on this day that the City of St. Louis adopts said Recreation Plan as a guideline for improving recreation for the residents of the City of St. Louis and the St. Louis School District.

Yeas:  Shrum, Church, Kubin, Allen, Kelly

Nays:  None

Resolution Declared Adopted.

City Manager Report.

 

City Manager McConkie requested Council Members approve to replenish the advance to the Gratiot Area Water Authority in the amount of $80,391.00, which was payment for work performed by FTC&H.

 

Moved by Allen, supported by Shrum, to replenish the advance to the Gratiot Area Water Authority in the amount of $80,391.00.  All ayes carried the motion.

 

City Clerk Report.

 

City Clerk Mari Anne Ryder informed Council Members ballots for the February 26th School Election have been received.

 

Police Chief’s Report.

 

Chief Herblet inquired what security action Council Members would like him to take if a member of the public seems to be approaching the Council Chamber table.

 

Council Members discussed the possible actions.

 

It was the consensus of the Council that if a member of the public is seen trying to approach the Council table, the Mayor will ask them to stop and state their business.  At that point, the Police Chief will intervene.

 

Chief Herblet stated talks continue with the School Superintendent regarding getting a Liaison Officer back in the schools full time.  Currently the St. Louis Officers are visiting the schools throughout the day while they are on duty.

 

City Council Comments.

 

Member Allen inquired if contact has been made with any other cities that have remodeled buildings and turned them into City Halls. 

 

City Manager McConkie stated no progress has been made yet, but will make contact soon.

 

Member Allen asked if the board vacancies have been published in the City Newsletter.

 

City Clerk Mari Anne Ryder stated they would be published in the February 1st newsletter.

 

Mayor Kelly suggested staff put a utility shut off policy in place, and he also requested utilities not be shut off on Fridays.  If shut off day falls on a Friday he suggested the shut off day be the following Monday so residents don’t have to go the weekend without utilities.

 

Treasurer Marr will put a Utility Shut off Policy together and distribute to Council Members.

 

Mayor Kelly recessed the meeting at 9:20 a.m.

 

Mayor Kelly reconvened the meeting at 9:30 a.m.

 

Moved by Kubin, supported by Shrum to go into closed session to consider the purchase of real estate.

 

Roll Call Vote:

 

Yeas:  Kubin, Shrum, Allen, Church, Kelly.

 

Nays:  None

 

Motion Carried.

 

Moved by Kubin, supported by Church to return to open session at 10:25 a.m.  All ayes carried the motion.

 

Moved by Shrum, supported by Kelly to authorize the City Manager to offer $250,000.00 for 10 acres with two wells and road access for the Peska property.

 

Roll Call Vote:

 

Yeas:  Shrum, Kelly

 

Nays:  Allen, Church, Kubin.

 

Motion denied.

 

Moved by Church, supported by Shrum to authorize the City Manager to offer $225,000.00 for 10 acres with two wells and road access for the Peska property.

 

Roll Call Vote:

 

Yeas:  Church, Shrum, Kelly

 

Nays:  Allen, Kubin

 

Motion Carried.

 

Moved by Kubin, supported by Shrum to authorize the purchase 321 Giddings Place property in the amount of $30,002.00 and authorize the City Manager to execute the documents. 

 

Roll Call Vote:

 

Yeas:  Kubin, Shrum, Church, Kelly

 

Nays:  None

 

Abstain:  Allen

 

Motion Carried.

 

Moved by Kubin, supported by Shrum, to adjourn the meeting at 10:30 a.m.  All ayes carried the motion.

  

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

                                                                                 Special Meeting                          
 St. Louis, Michigan    

                                                                                                                        January 24, 2013

 

The Special Meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Thursday, January 24, 2013 at 4:10 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, William E. Shrum

                                               

Council Members Absent:      George Kubin (excused)

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

 

Others in Attendance:             Kurt Giles, Public Services Director

 

Moved by Shrum, supported by Church to go into closed session to consider the purchase of real estate at 4:12 p.m.

 

Roll Call Vote:

 

Yeas:  Shrum, Church, Allen, Kelly

 

Nays:  None

 

Absent:  Kubin

 

Motion Carried.

 

Moved by Shrum, supported by Allen, to return to open session at 5:09 p.m.  All ayes carried the motion.

 

Roll Call Vote:

 

Yeas:  Shrum, Allen, Church, Kelly

 

Nays:  None

 

Absent:  Kubin

 

Motion Carried.

 

Moved by Allen, supported by Shrum, to adjourn the meeting at 5:10 p.m.  All ayes carried the motion.

 

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        February 5, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, February 5, 2013 at 7:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

 

Kurt Giles-Public Services Director, Dennis Epler-103 Oakridge, Rosemary Horvath-Gratiot County Herald, Katherine Ranzenberger-Morning Sun, Mark Abbott-DPW Superintendent, Bobbie Marr-Finance Director, Steve Larsen-Resident, Madison Humphrey-St. Louis High School Student

           

Member Allen led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of January 15, 2013.

 

Moved by Kubin, supported by Church, to approve the minutes of the Regular Meeting held on January 15, 2013 with the following corrections:  Remove the word “the” in Public Hearing, last sentence.  Remove “Kelly” and “Herblet” from Police Chief Report, Page 277 line two and three.  All ayes carried the motion.

 

Closed Session Minutes of January 15, 2013

 

Moved by Allen, supported by Church, to approve the minutes of the Closed Session held on January 15, 2013.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Kubin, supported by Shrum, to approve the Claims & Accounts, in the amount of $554,074.56  All ayes carried the motion.

 

Monthly Minutes.

 

City Council discussed the January, 2013 Monthly Minutes.

 

Moved by Allen, supported by Shrum, to receive and place on file the January, 2013 Monthly Minutes.  All ayes carried the motion.

 

Public Comments.    

 

Mayor Kelly recognized Rosemary Horvath’s attendance and stated she was now reporting for the Gratiot County Herald.

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “g” as shown below.

 

a.       Correspondence from Charter - Receive.

b.      Central Dispatch Directors Report & Minutes – Receive.

c.       Gratiot Countywide Library Summit Minutes – Receive.

d.      Power Cost Summary Report – Receive.

e.       Correspondence from DEQ regarding SRF Project – Receive.

f.       MMEA 2013 Membership Payment – $6,168.00 - Approve.

g.      MML Workers’ Compensation Fund Policy Premium Payment - $9,989.00 - Approve.

 

Council Member Allen asked for clarification of consent items. 

 

City Manager McConkie explained the approval of the Consent Agenda was for all items listed.  Future payment approval requests will show more detail. 

 

Moved by Shrum, supported by Allen, to approve Consent Agenda items “a” through “g.” All ayes carried the motion.

 

New Business.

 

Resolution of Appreciation – 2013-04.

 

City Manager McConkie requested Council Members Approve Resolution 2013-04 in recognition of 30 years of service for Mid-Michigan Community Fire Chief Rich Apps.

 

The following preamble and resolution was offered by member Shrum, and supported by member Church:

WHEREAS, Richard L. Apps has served 30 years with distinction and dedication as a member of the  Mid-Michigan Community Fire Department; and

WHEREAS, Richard L. Apps continues to give unsparingly of his time, energy, knowledge and  leadership as the Fire Chief; and

NOW, THEREFORE, BE IT RESOLVED, that the members of the Saint Louis City Council at a meeting in regular session this 5th day of February, 2013, express their individual and collective gratitude and respect for Richard L. Apps; and

BE IT FURTHER RESOLVED, that this action shall be entered into the permanent records of the City of Saint Louis and that this resolution shall serve as evidence that the City Council Administration and Staff hereby express their sincere appreciation to Richard L. Apps for his dedication and service to the Saint Louis community.

Roll Call Vote:

Yeas:  Shrum, Church, Allen, Kubin, Kelly

Nays:  None

Resolution Declared Adopted.                    

Housing Commission Board Member Terms.

 

City Manager McConkie requested City Council Members authorize the correction of Housing Commission Board Member Term Expirations to be as follows:

 

Commissioner Taylor - 2018

Commissioner Epler - 2014

Commissioner Revard - 2015

Commissioner Burch - 2016

Commissioner Rusch - 2017

 

Moved by Shrum, supported by Church, to authorize the Housing Commission Board Member Term Expirations as listed above.  All ayes carried the motion.

 

Main Street Area Shoreline Protection Project Contract & Authorize Signature.

 

City Manager McConkie stated the City Attorney has reviewed the Contract and found no problems. Approval of the Contract is needed and authorization to execute. 

 

Moved by Shrum, supported by Church to approve the Main Street Area Shoreline Protection Project Contract between the City of St. Louis and Riverworks Construction and authorize the City Manager to execute the Agreement.  All Ayes carried the motion.

 

Bond Counsel for SRF.

 

City Manager McConkie requested City Council Members name Miller Canfield as Bond Counsel for the SRF Project.

 

Moved by Kubin, supported by Allen, to name Miller Canfield as Bond Counsel for the SRF Project.  All ayes carried the motion.

 

Participation in MPPA Combined Cycle, Renewable Resource and Base Load Resource Services Committees.

 

City Manager McConkie requested authorization to participation in MPPA Combined Cycle, Renewable Resource and Base Load Resource Services Committees.

 

Public Services Director Kurt Giles explained the three Committees and stated involvement in the Committees is to the City’s advantage.

 

Moved by Church, supported by Shrum, to authorize participation in MPPA Combined Cycle, Renewable Resource and Base Load Resource Services Committees.  All ayes carried the motion.

 

Energy Efficiency Service Committee Agreement.

 

City Manager McConkie requested approval of the Energy Efficiency Service Committee Agreement and authorization to execute. 

 

Moved by Shrum, supported by Church, to approve the Energy Efficiency Service Committee Agreement and authorize the City Manager to execute the agreement.  All ayes carried the motion.

 

Authorization to Pursue Police Vehicle Grant.

 

City Manager McConkie stated Council authorization is needed for the St. Louis Police Department to pursue a Rural Development Grant through the United States Department of Agriculture to assist in the purchase of a new patrol car.

 

Moved by Allen, supported by Shrum, to authorize the St. Louis Police Department to pursue a Rural Development Grant through the United States Department of Agriculture to assist in the purchase of a new patrol car.  All ayes carried the motion.

 

Leppien Park Recreation Grant.

 

City Manager McConkie requested approval of the Professional Services Agreement from Spicer Group in the amount of $3,500.00 for Leppien Park Recreation Grant Application.

 

Moved by Church, supported by Shrum, to approve the Professional Services Agreement from Spicer Group in the amount of $3,500.00 for Leppien Park Recreation Grant Application and authorize the City Manager to execute the agreement.  All ayes carried the motion.

 

City Manager Report.

 

City Manager McConkie stated the property owner of 508 Jackson Road, which is in the Industrial Park area, is considering listing her property and inquired if the City was interested in the property.

 

It was the consensus of the Council to authorize the City Manager to contact the resident on the terms of the sale and discuss the issue with the Planning Commission, then bring back to Council for further consideration.

 

City Manager McConkie requested authorization for the Mayor and Clerk to enter an Easement Agreement with Pine River Storage. 

 

Council Members stated their appreciation to Pine River Storage for entering the Easement Agreement.

 

The City will be reimbursing any out of pocket expenses for attorney fees for reviewing the document to Pine River Storage.

 

Moved by Kubin, supported by Shrum to authorize the Mayor and Clerk to execute the Easement Agreement with Pine River Storage.  All ayes carried the motion.

 

City Clerk Report.

 

City Clerk Mari Anne Ryder confirmed all Council Members were interested in attending the MML Conference in April.

 

City Clerk Mari Anne Ryder stated Jason Luneack requested to be appointed to the Cemetery Committee. 

 

Moved by Shrum, supported by Church to appoint Jason Luneack to the Cemetery Committee.  All ayes carried the motion.

 

City Council Comments.

 

Council Member Allen stated there was a nice article on the Library in the Morning Sun.

 

Council Member Allen requested an update on the City owned rental property. 

 

Finance Director Marr stated the house has been shown a few times, but so far no one has rented it.

 

Council Member Church stated he tried the phone in front of the Police Department and it was not working. 

 

City Manager McConkie stated the service has been disconnected.

 

Council Member Church requested the Department of Public Works remove the phone from the building.

 

Council Member Church stated the Life Saving Award Ceremony at the Chamber dinner was very nice.

 

Mayor Kelly stated the Life Saving Award Ceremony was especially nice due to the large group of attendees from all over Gratiot County.

 

Moved by Shrum, supported by Church, to adjourn the meeting at 8:06 p.m.  All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

Special Meeting

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        February 7, 2013

 

The Special meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Thursday, February 7, 2013 at 5:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Jerry L. Church, William E. Shrum

                                               

Council Members Absent:      Melissa A. Allen, George T. Kubin (excused)

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

 

Others in Attendance:

 

Kurt Giles, Public Services Director

 

City Manager McConkie discussed the terms of the purchase Agreement for the Fredrickson property with Council Members.

 

The Purchase Agreement will need to be signed the day of the closing. The crop lease and MPI Agreement will be assigned to the City at that time. 

 

City Manager requested authorization to close on the property and authorize the Mayor and Clerk to execute any and all documents related to the purchase.

 

Moved by Church, supported by Shrum, to authorize the closing of the Fredrickson Property and authorize the Mayor and Clerk to execute any and all documents related to the purchase. All ayes carried the motion.

 

Roll Call Vote:

 

Yeas:  Church, Shrum, Kelly

 

Nays:  None

 

Absent:  Allen, Kubin

 

Motion Carried.

 

Moved by Shrum, supported by Church, to adjourn the meeting at 5:20 p.m.  All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        February 19, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, February 19, 2013 at 7:30 a.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church,  William E. Shrum

                                               

Council Members Absent:      George T. Kubin (excused)

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

 

Kurt Giles – Public Services Director, Phil Hansen-DDA Director, Dori Foster – Community Services Director, Mike Parsons – Electric Department Foreman

           

City Manager McConkie led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of February 5, 2013.

 

Moved by Allen, supported by Shrum, to approve the minutes of the Regular Meeting held on February 5, 2013.  All ayes carried the motion.

 

Special Meeting Minutes of February 7, 2013

 

Moved by Allen, supported by Shrum, to approve the minutes of the Special Meeting held on February 7, 2013.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Allen, supported by Shrum, to approve the Claims & Accounts, in the amount of $309,624.27.  All ayes carried the motion.

 

Monthly Reports.

 

City Council discussed the January, 2013 Monthly Reports.

 

Moved by Allen, supported by Shrum, to receive and place on file the January, 2013 Monthly Reports.  All ayes carried the motion.

 

Public Comments.    

 

None

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “d” as shown below.

 

a.       Correspondence Regarding DART Service – Receive.

b.      Correspondence Regarding Charitable Trust – Receive.

c.       Progress Payment for SRF Project Plan and Design – Approve.                                         

d.      Planning Commission Recommendation – Receive.

 

Moved by Allen, supported by Shrum, to approve Consent Agenda items “a” through “d.”  All ayes carried the motion.

 

New Business.

 

Discuss MPPA Full Requirement Services Committee.

 

City Manager McConkie explained the Full Requirement Services Committee is a committee that would study the feasibility of pooling the assets of about nine of the smaller MPPA members.  Further information will be brought to Council as progress is made.

 

City Manager Report.

 

None

 

City Clerk Report.

 

City Clerk Mari Anne Ryder inquired if Council members planned to hold a work session while at the MML Conference.  If so, would need to publish it as a meeting.

 

It was the consensus of the Council to not hold a meeting while attending the MML Conference.

 

Police Chief’s Report.

 

Police Chief Herblet commended Officer Leslie on the grant application he prepared for the purchase of a new patrol car. 

 

Chief Herblet informed members that Sergeant Ramereiz has been very busy investigating some very difficult cases.  The nature of the cases makes it tough for him and any officer.

 

City Council Comments.

 

Council Member Allen presented information on a championship dog that was raised and is owned by a St. Louis resident.

 

Member Allen requested a thank you letter be sent to the Hoffmeyer Trust.

 

Mayor Kelly stated he attended the Greater Gratiot Breakfast and there maybe a party interested in purchasing access City property.

 

Moved by Shrum, supported by Church, to adjourn the meeting at 8:14 a.m.  All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        March 5, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor Pro Tem Melissa Allen on Tuesday, March 5, 2013 at 7:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor Pro Tem Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      Mayor James C. Kelly (excused)

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

 

Bobbie Marr – Finance Director, Katherine Razinberger- Morning Sun, Rose Mary Horvath – Gratiot County Herald, Three High School Students

           

Member Church led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting Minutes of February 19, 2013.

 

Moved by Shrum, supported by Kubin, to approve the Minutes of the Regular Meeting held on February 19, 2013.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Church, supported by Shrum, to approve the Claims & Accounts, in the amount of $515,404.66.  All ayes carried the motion.

 

Monthly Minutes.

 

City Council discussed the February, 2013 Monthly Minutes.

 

Moved by Kubin, supported by Church, to receive and place on file the February, 2013 Monthly Minutes.  All ayes carried the motion.

 

 

Public Comments.    

 

None.

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “h” as shown below.

 

a.       Correspondence Regarding Charitable Trust-Receive.

b.      Progress Payment to Riverworks Construction $76,950.00-Approve.

c.       Payment to Rowe for Professional Services, Main St. Retaining Wall $6,856.75-Approve.

d.      Payment to Rowe for Professional Services, SRF Project Plan $36,750.00-Approve.

e.       Payment to Bierlein for Tank Removal $5,700.00-Approve .

f.       Water Authority Reimbursement $33,521.05-Approve.

g.      Manager Recommendation, Rate Change-Approve.

h.      MDOC Liaison Meeting Minutes-Receive.

 

Moved by Kubin, supported by Shrum, to approve Consent Agenda items “a” through “h.” All ayes carried the motion.

 

New Business.

 

Purchase of Computers and Equipment.

 

City Manager McConkie requested Council Members Approve the replacement of three outdated computers in the Police Department and one in the Fire Department from Trivalent Group.

 

Moved by Kubin, supported by Shrum, to approve the purchase of computers, monitors and printers from Trivalent Group in the amount of $5,805.00.  All ayes carried the motion.

 

Point and Pay Service Agreement.

 

City Manager McConkie requested City Council Members authorize the use of Point and Pay to process credit card transactions.

 

Member Church asked what the surcharge amount would be to customers.

 

Finance Director Marr stated about 3%.  Customers will be able to pay by credit card at the counter, online and by phone.  Marr stated she has talked with other communities using the service and their usage has been a success.

 

Moved by Kubin, supported by Shrum, to approve the Point and Pay Service Agreement and authorize the Treasurer to execute the agreement.  All ayes carried the motion.

 

Property Discussion.

 

City Manager McConkie stated he has met with the property owner of 508 West Jackson Road.  Manager McConkie stated he felt, long term, the property purchase would be in the best interest of the City but there isn’t an immediate need for the property.  There are still vacant lots in the industrial park and the City is not pressed for additional space.

 

It was the consensus of the Council not to purchase the property on Jackson Road.

 

City Hall Update.

 

City Manager McConkie informed City Council Members that a schedule from the Architect designing the new City Hall, Dave Boersma, is included in the packet.  Manager McConkie would like to form a committee of either Melissa or George and a few members from staff to meet with the Architect to review samples for the interior of the new building. 

 

Manager McConkie suggested staff and Council Members, fairly quickly, visit other restored City Hall buildings.  Manager McConkie will have Phil Hansen set up the appointments.    Members suggested the visits be on a Wednesday. 

 

MERS Health Care Savings Program Participation Agreement.

 

City Manager McConkie requested approval for modification of the existing MERS Health Care Savings Program Participation Agreement, City Manager Division, which would allow the City Manager to roll his sick pay-out into his plan instead of being paid out for it.  The modification is a cost savings to the City.

 

Moved by Kubin, supported by Church, to approve modification of the existing MERS Health Care Savings Program Participation Agreement, City Manager Division, and authorize the City Clerk to execute the agreement.  All ayes carried the motion.

 

MERS 457 Supplemental Retirement Program Participation Agreement.

 

City Manager McConkie requested approval, by adopting Resolution 2013-05, for the MERS 457 Supplemental Retirement Program Participation Agreement, at no additional cost to the City, for all employees. The program is optional for employees.

 

Moved by Kubin, supported by Church, to approve the MERS 457 Supplemental Retirement Program Participation Agreement for all employees by adopting Resolution 2013-05, and authorize the City Manager to execute the agreement. All ayes carried the motion.

 

The following Resolution 2013-05 was offered by Kubin, and supported by Church:

 

Yeas:  Kubin, Church, Shrum, Allen

Nays:  None

Absent:  Kelly

 

Resolution Declared Adopted.

 

City Manager Report.

 

Manager McConkie stated he was contacted regarding hunting blinds on property the City has purchased in Alma.  Manager McConkie stated he gave permission for the person to access the property to remove the blinds.  The person inquired if it would still be all right to hunt the property.

 

It was the consensus of the Council to not allow hunting on the property.

 

Manager McConkie will make contact and inform the person of the Council’s decision.

 

Manager McConkie informed Council he will be on vacation March 14th to April 1st.  Public Services Director Kurt Giles will attend the March 19th Council meeting in his absence.

 

City Clerk Report.

 

Nominating Petition Information

 

City Clerk Mari Anne Ryder stated she enclosed Nominating Petition information for the Mayor and two Council positions up for election that will be published in the City Newsletter and in the Morning Sun. Nominating petitions are now available.

 

Canvass of Votes Cast at the Election Held on February 26, 2013

 

City Clerk Mari Anne Ryder stated the School Election went very well and also enclosed the Canvass of Votes Cast for Council information.

 

City Clerk Mari Anne Ryder also informed Council members she will not be at the March 19th Council meeting due to the Clerk Certification Conference that week.  Finance Director Bobbie Marr will attend the March 19th meeting in her absence.

 

Police Chief’s Report.

 

Chief Herblet informed Council the Police Department is losing a full time officer to the County on March 17th and a part time officer to the City of Alma on March 11th.  The officers will be hard to replace.

 

City Council Comments.

 

All members stated they enjoyed the awards banquet.

 

Moved by Allen, supported by Shrum, to adjourn the meeting at 7:55 p.m.  All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        March 19, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, March 19, 2013 at 7:30 a.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                       Robert F. McConkie-Absent (excused)

Assistant City Manager:         Kurt Giles                                                                                          

City Clerk:                            Mari Anne Ryder-Absent (excused)

Deputy City Clerk:                Bobbie Marr

Police Chief:                          Pat Herblet

 

Others in Attendance:

Mark Abbott, DPW Director

Phil Hansen, DDA Director

Mike Parsons, Electric Foreman

           

Member Church led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of March 5, 2013.

 

Moved by Kubin, supported by Allen, to approve the minutes of the Regular Meeting held on March 5, 2013.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts. 

 

Member Kubin asked that in the future that a summary by vendor be included for review.

 

Moved by Shrum, supported by Church, to approve the Claims & Accounts, in the amount of $531,214.12   All ayes carried the motion.

  

Monthly Reports.

 

City Council discussed the February, 2013 Monthly Reports.

 

Moved by Shrum, supported by Church, to receive and place on file the February, 2013 Monthly Reports.  All ayes carried the motion.

 

Public Hearing – Leppien Park Grant Application.

 

Mayor Kelly opened the Public Hearing at 7:35 a.m.

 

Mayor Kelly requested Public Input on the Leppien Park Grant Application.         

 

DDA Director Phil Hansen recapped the project and the funding sources.

 

There being no further discussion, Mayor Kelly closed the Public Hearing at 7:45a.m.

 

Resolution 2013-06 Trust Fund Grant Application

Assistant City Manager Giles requested Council members approve Resolution 2013-06 a Resolution to approve submittal of a Trust Fund grant application to the Michigan Department of Natural Resources grant for 2013.

The following Resolution and preamble was offered by Allen, and supported by Shrum:

 

WHEREAS, the City of St. Louis is desirous of improvements at Leppien Park with a Michigan Department of Natural Resources (DNR) Trust Fund grant, and

WHEREAS, these improvement are consistent with the goals and objectives of
City of St. Louis’ Five Year Park and Recreation Plan, and

WHEREAS, a public comment session was held on March 19, 2013 at the St. Louis City Hall to provide an opportunity for citizens to comment on the proposed park improvements, and

WHEREAS, the City of St. Louis has committed the local match of $69,000.00 (30%) for the grant, and

WHEREAS, the City of St. Louis is requesting through an application to have the Department of Natural Resources Trust Fund fund the project with $161,000.00 (70%).

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Louis hereby approve submittal of a Trust Fund grant application to the Michigan Department of Natural Resources grant for 2013.

Roll Call Vote:

Yeas:  Allen, Shrum, Church, Kubin, Kelly

Nays: None

Resolution Declared Adopted

Consent Agenda.

 

Assistant City Manager Giles requested that the City Council approve Consent Agenda item “a” as shown below.

 

a.       Progress Payment to Riverworks Construction $53,550.00 – Approve.

 

Moved by Allen, supported by Shrum, to approve Consent Agenda item “a”.  All ayes carried the motion.

 

New Business.

 

Appointment to Parks and Recreation Commission.

 

Assistant City Manager Giles stated the Parks Commission is recommending the appointment of Kathy Jussila to the Parks & Recreation Commission.

 

Moved by Church, supported by Shrum, to appoint Kathy Jussila to the Parks & Recreation Commission. All ayes carried the motion.

 

Equipment Purchase.

 

Assistant City Manager Giles requested authorization for Department of Public Works Supervisor and either the City Manager or Assistant City Manager to purchase equipment at the City of Pontiac Auction in an amount not to exceed $150,000.00. 

 

Member Allen inquired if we really had funds to cover that kind of purchase in Motor Pool.  Response was that depending on what might be purchased certain equipment would be designated Water/Wastewater which does have funds.  If we were successful at getting all the items desired then no, we would have to make an internal loan.

 

Moved by Shrum, supported by Church, to authorize the Department of Public Works Supervisor and either the City Manager or Assistant City Manager to Purchase Equipment at the City of Pontiac Auction in an amount not to exceed $150,000.00. 

 

There was a question if the amount was sufficient.  After some discussion Member Shrum amended the motion, supported by Church, to authorize the Department of Public Works Supervisor and either the City Manager or Assistant City Manager to Purchase Equipment at the City of Pontiac Auction in an amount not to exceed $155,000.00.  Mayor Kelly asked for a Roll Call Vote on the amended motion:

 

Roll Call Vote:

Yeas:  Shrum, Church, Allen, Kubin, Kelly

Nays: None

Motion Carried

Wind Power Purchase.

 

Assistant City Manager Giles described the proposed agreement between MPPA and Beebe Renewable Energy LLC.  Basically it is similar to what was previously discussed but instead of year one being $49.00/MWh as estimated, the amount is $49.95.  This is assuming 11 turbine units will be running, there is a potential that they will be putting up to 19 units in place.  If that were to occur then the price would drop to $44.85/MWH.  He felt the pricing was fair and recommended that we proceed with the authorization to MPPA. 

 

Moved by Church, supported by Shrum for Assistant City Manager Giles to sign the Letter of Authorization to MPPA to enter into the Purchased Power Commitment with Beebe Wind, LLC as per the pricing included in Schedule A.  All Ayes carried the motion. 

 

City Manager Report.

 

Assistant City Manager Giles offered a brief update on the Water Replacement project meeting that took place the day before.  It is believed to be about 30% engineered at this point.  The meeting was with the various agencies that might be affected and was productive in pointing out other areas that needed to be investigated.

 

City Clerk Report.

 

a.        The Chamber’s Legislative Breakfast is at Masonic Pathways April 22nd at 7:30 a.m.  – need to know which Council members want to attend so tickets can be arranged.  All council members expressed their interest and availability in attending.

 

Police Chief’s Report.

 

Chief Herblet offered to address possible concerns about the Evergreen/bus stop situation with the School.  There is still one angry resident that has now issued a complaint against the bus driver for driving recklessly.  They have viewed the videos of the bus and there is no evidence of what was alleged and they do not feel that the bus driver has done anything wrong.  PD is considering the case closed and will report that to Mr. Brimmer. 

 

City Council Comments.

 

Member Shrum commented that the new China King wasn’t very busy when he went at 5:30 p.m.  Member Church added that by 6:30 p.m. it was packed.  Both commented that the food was excellent.

 

Member Allen expressed her excitement in the change in format of the Easter Scavenger Hunt event.  She added that the Real Estate world in general has seen a shift in demand and that is now happening in our local area as well.  There is a higher demand for homes recently.

 

Member Church inquired at the vet if he thought there would be interest in the pet cemetery.  The vet’s office has not really had anyone inquire before so they didn’t think the interest would be that high.

 

Member Church asked the status on the Police staffing.  Chief Herblet responded that for now they are covering with part-time officers and have filled a part-time position just last week.  He is waiting to fill the full time position until he feels they have someone that is going to be the right fit. 

 

Member Church inquired what the credit card rates were going to be once the Point and Pay system was operational.  Finance Director Marr responded $1.50 per transaction or 3%.  Portland switched to the same company just recently and have had well in excess of what they anticipated in people using the service.

 

Member Kubin relayed his concerns over a recent meeting regarding the environmental clean-up and how timely the funding may or may not be.  His understanding is that there may be delays of up to 10 years which will not prove to be very helpful to our water supply replacement plan of 5 years or less.  Even though EPA was required to pay through the lawsuit settlement and record of decision, he didn’t believe there was a time stipulation.  We may need to be prepared for further court actions to force a timely funding schedule.

 

Moved by Shrum, supported by Church to adjourn the meeting at 8:52 a.m.  All ayes carried the motion.

 

Bobbie Marr, Deputy Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        April 2, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, April 2, 2013 at 7:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

Kurt Giles-Public Services Director, Rose Mary Horvath-Gratiot County Herald, Kevin Palmer-Resident, 9 High School Students

 

Member Allen led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of March 19, 2013.

 

Moved by Shrum, supported by Church, to approve the minutes of the Regular Meeting held on March 19, 2013.  All ayes carried the motion.

 

Public Comments.

 

Kevin Palmer, President of RACE Inc., requested Council approval for the Annual Road Run to be held on July 6, 2013.

 

Moved by Shrum, supported by Kubin to approve the Annual Road Run for July 6, 2013.

 

Council Members thanked Kevin for all his time and effort in putting on the Road Run.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Kubin, supported by Shrum, to approve the Claims & Accounts, in the amount of $247,183.51. All ayes carried the motion.

 

Monthly Minutes.

 

City Council discussed the March, 2013 Monthly Minutes.

 

Moved by Kubin, supported by Allen, to receive and place on file the March, 2013 Monthly Minutes.  All ayes carried the motion.

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “e” as shown below.

 

a.       Public Forum Meeting Schedule – Receive.

b.      Donation Correspondence – Receive.

c.       Central Dispatch Report and Minutes – Receive.

d.      2012 Energy Optimization Summary – Receive.

e.       Payment to Lott Construction for WWTP Lean-To Roof – Approve.

 

Moved by Allen, supported by Shrum, to approve Consent Agenda items “a” through “e” with the following motion: Moved by Church, supported by Allen to designate donation received to the Pool Bath House Project Fund.  All ayes carried the motion.

 

New Business.

 

Fishing Derby Authorization.

 

City Manager requested authorization for the Joe Scholtz Annual Fishing Derby to be held June 8, 2013.

 

Moved by Kubin, supported by Shrum, to authorize the Joe Scholtz Annual Fishing Derby to be held on June 8, 2013.  All ayes carried the motion.

 

Truck Purchase.

 

City Manager McConkie requested approval for the purchase of a 2013 Ram 1500 regular cab 4x4 short box pickup truck for the Water Department from Bill Snethkamp-Fleet in the amount of $20,362.00.

 

Discussion was held regarding the truck purchase.

 

Moved by Shrum, supported by Allen, to authorize purchase of a 2013 Ram 1500 regular cab 4x4 short box pickup truck for the Water Department from Bill Snethkamp-Fleet in the amount of $20,362.00.  All ayes carried the motion.

 

City Manager Report.

 

Manager McConkie informed Council Members the Leppien Park Improvement Grant Application has been filed and he expects the approval process to take awhile.

 

City Clerk Report.

 

City Clerk Mari Anne Ryder informed Council Members the Clerk Certification Classes she attended last week were an excellent learning experience and looks forward to attending next year.

 

City Clerk Mari Anne Ryder reminded members that the Michigan Municipal League Conference is next Wednesday, April 10th.

 

Police Chief’s Report.

 

Chief Herblet informed members the speed trailer is currently positioned on Michigan Avenue and will soon be moved to Devon.  If any members hear of speed problems, let himself or Sergeant Ramereiz know and they will see that the trailer gets placed in problem areas.

 

City Council Comments.

 

Member Allen inquired how the Easter Egg Scavenger Hunt went, and was pleased with the changes.

 

Discussion was held regarding the Water Department Tahoe that is out of service and being replaced.

 

Moved by Shrum, supported by Church to offer the Tahoe to the Fire Department for training purposes and then the City will take back possession and scrap the vehicle.  The money received will be placed into the Motor Pool Fund.  All ayes carried the motion.

 

Member Allen inquired if the City has a “to-do” list regarding the Energy Optimization program.  Public Services Director Giles stated yes, and the program continues.

 

Member Kubin questioned the LCC transfer at the Mini-Mart. 

 

Manager McConkie stated the State has changed the procedures and LCC transfers no longer require approval at the local level, they are approved at the State level.

 

Mayor Kelly stated he was contacted by a resident regarding Pontoons being stored along the road in the Industrial Park.

 

Manager McConkie stated it was his understanding that once construction was complete, the pontoons would no longer be stored along the road way. 

 

Manager McConkie also stated it was great to have such a viable business in St. Louis that employs many workers in the community and surrounding area.  Council Members agreed.

 

Mayor Kelly also questioned the abandoned cars parked on West Center Street.  Chief Herblet will have the matter checked into.

 

Mayor Kelly stated he attended the Library Island Celebration Fundraiser and was very impressed with the turn out and how well the fundraiser went.

 

Moved by Kubin, supported by Shrum, to adjourn the meeting at 7:48 p.m.  All ayes carried the motion.

  

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        April 16, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, April 16, 2013 at 7:30 a.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Sergeant:                      Rich Ramereiz

 

Others in Attendance:

Kurt Giles-Public Services Director

Phil Hansen-DDA Director

Bobbie Marr-Finance Director

Dori Foster-Community Services Coordinator

 

Mayor Kelly requested a moment of silence.

           

Member Church led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of April 2, 2013.

 

Moved by Allen, supported by Shrum, to approve the minutes of the Regular Meeting held on April 2, 2013.  All ayes carried the motion.

 

Financial Statements.

 

City Council discussed the Financial Statements ending March 31, 2013.

 

Finance Director Marr stated that financially, the City is where they should be about this time of year.

 

Moved by Kubin, supported by Church to receive the Financial Statements ending March 31, 2013 and place them on file.  All ayes carried the motion.

 

 Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Shrum, supported by Kubin, to approve the Claims & Accounts, in the amount of $636,063.44.  All ayes carried the motion.

 

Monthly Reports.

 

City Council discussed the March, 2013 Monthly Reports.

 

Moved by Kubin, supported by Allen, to receive and place on file the March, 2013 Monthly Reports.  All ayes carried the motion.

 

Public Comments.

 

None

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “d” as shown below.

 

a.       Payment for Pump – Approve.

b.      Payment for SRF Project – Approve.

c.       Progress Payment to Riverworks Construction – Approve.

d.      Reimbursement to Water Authority – Approve.

 

Moved by Allen, supported by Shrum, to approve Consent Agenda items “a” through “d.”  All ayes carried the motion.

 

New Business.

 

Resolution 2013-07 Notice of Intent.

 

City Manager requested approval of Resolution 2013-07 Notice of Intent a Resolution to issue Revenue Bonds for the Wastewater Treatment Plant upgrades.

 

Discussion was held regarding the Revenue Bonds.

 

The following preamble and resolution were offered by Member Kubin, and supported by Member Church:

WHEREAS, the City of St. Louis, County of Gratiot, State of Michigan (the “City”), has determined that it is necessary for the public health, safety and welfare of the City to acquire, construct, furnish and equip improvements to the sewage disposal system of the City’s existing Water Supply and Sewage Disposal System (the “System”), including the wastewater treatment plant, together with all related sites, structures, equipment, appurtenances and attachments thereto (the “Project”); and

WHEREAS, the City has been advised by the Michigan Department of Environmental Quality (“MDEQ”), that financial assistance to accomplish the acquisition and construction of the Project is available through the State Revolving Fund (“SRF”), Loan Program administered by the Michigan Department of Environmental Quality (the “MDEQ”), and the Michigan Finance Authority (the “MFA”); and

WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended (“Act 94”), provides a means for financing the purchase, acquisition, construction, improvement, enlargement, extension, and repair of public improvements such as the Project through the issuance of revenue bonds; and

WHEREAS, the issuance of bonds payable from revenues of the System under Act 94 in a total amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000) (the “Bonds”), for the purpose of financing all or part of the Project represents the most practical means to that end; and

WHEREAS, the City has made application for participation in the SRF loan program; and

WHEREAS, a notice of intent to issue revenue bonds must be published before the issuance of the Bonds in order to comply with the requirements of Section 33 of Act 94; and

WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the Bonds for any expenditures undertaken by the City for the Project prior to issuance of the Bonds.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.                  The City Clerk is hereby authorized and directed to publish a notice of intent to issue the Bonds in the Morning Sun, a newspaper of general circulation in the City.

2.                  The notice of intent shall be published as a display advertisement not less than one‑quarter (1/4) page in size in substantially the form attached to this resolution as Exhibit A.

3.                  The City Council does hereby determine that the foregoing form of Notice of Intent to Issue Bonds, and the manner of publication directed, is adequate notice to the electors of the City and users of the System, and is the method best calculated to give them notice of the City’s intent to issue the Bonds, the purpose of the Bonds, the security for the Bonds, and the right of referendum of the electors with respect thereto, and that the provision of forty-five (45) days within which to file a referendum petition is adequate to insure that the City’s electors may exercise their legal rights of referendum, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed.

4.                  The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:

a)                  As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City.

b)                  The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof.

c)                  The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $6,500,000.

d)                 A reimbursement allocation of the expenditures described in b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid.  A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution.

5.         The City Manager and the City Clerk of the City are each authorized to act as an authorized officer or designated representative in connection with the Project and execute and deliver such applications, documents or certificates with the MDEQ, the MFA or other entities as may be necessary or advisable to enable the City to issue and sell the Bonds as contemplated herein and to meet its obligations under SRF Loan Program.

6.         All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

EXHIBIT A

NOTICE TO TAXPAYERS AND ELECTORS OF THE

CITY OF ST. LOUIS AND TO USERS OF THE CITY’S

WATER SUPPLY AND SEWAGE DISPOSAL SYSTEM

OF INTENT TO ISSUE REVENUE BONDS AND THERIGHT OF REFERENDUM RELATING THERETO

 

PLEASE TAKE NOTICE that the City Council of the City of St. Louis, County of Gratiot, State of Michigan, intends to issue and sell revenue bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, in one or more series in a total amount not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000), for the purpose of paying all or part of the cost to acquire, construct, furnish and equip improvements to the sewage disposal system of the City’s existing Water Supply and Sewage Disposal System, including the wastewater treatment plant, together with all related sites, structures, equipment, appurtenances and attachments thereto.

 

 

 

SOURCE OF PAYMENT OF REVENUE BONDS

THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS SHALL BE PAYABLE from the revenues received by the City from the operations of the Water Supply and Sewage Disposal System except as provided below in the case of bonds sold to the Michigan Finance Authority in connection with the State of Michigan’s State Revolving Fund program.  The revenues will consist of rates and charges billed to the users of the system, a schedule of which is presently on file in the office of the City Clerk.  The rates and charges may from time to time be revised to provide sufficient revenues to provide for the expenses of operating and maintaining the system, to pay the principal of and interest on the bonds and to pay other obligations of the system.

BOND DETAILS

THE REVENUE BONDS will be payable in annual installments not to exceed twenty (20) in number and will bear interest at the rate or rates to be determined at public or private sale but in no event to exceed such rates as may be permitted by law on the unpaid balance from time to time remaining outstanding on said bonds.

 

ADDITIONAL SOURCES OF PAYMENTS FOR BONDS

 SOLD TO MICHIGAN FINANCE AUTHORITY

IN THE EVENT THAT THE REVENUE BONDS ARE SOLD TO THE MICHIGAN FINANCE AUTHORITY, THE CITY MAY PLEDGE FOR THE PAYMENT OF THE BONDS MONEY RECEIVED OR TO BE RECEIVED BY THE CITY DERIVED FROM IMPOSITION OF TAXES BY THE STATE AND RETURNED OR TO BE RETURNED TO THE CITY AS PROVIDED BY LAW, except for money the use of which is prohibited for such purposes by the State Constitution.  The City may enter into an agreement providing for the payment of taxes, which taxes are collected by the State and returned to the City as provided by law, to the Michigan Finance Authority or a trustee, and such funds may be pledged for the payment of the revenue bonds. 

IN THE EVENT THAT THE REVENUE BONDS ARE SOLD TO THE MICHIGAN FINANCE AUTHORITY, THE CITY MAY PLEDGE ITS LIMITED TAX FULL FAITH AND CREDIT AS SECURITY FOR THE REVENUE BONDS, IN WHICH EVENT DEBT SERVICE ON THE BONDS SHALL BE PAYABLE EITHER FROM REVENUES OF THE SYSTEM OR FROM AD VALOREM TAXES THAT MAY BE LEVIED ON ALL TAXABLE PROPERTY IN THE CITY, SUBJECT, HOWEVER, TO CONSTITUTIONAL, STATUTORY AND CHARTER TAX RATE LIMITATIONS.

RIGHT OF REFERENDUM

THE REVENUE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS OF THE CITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE.  IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS OF THE CITY VOTING THEREON. If such petition is filed and the electors of the City voting thereon approve the issuance of the bonds, then the bonds may be payable from revenues or from ad valorem taxes that may be levied on all taxable property in the City without limitation as to rate or amount.

THIS NOTICE is given pursuant to the requirements of Section 33, Act 94, Public Acts of Michigan, 1933, as amended.

ADDITIONAL INFORMATION will be furnished at the office of the City Clerk upon request.

ROLL CALL VOTE:

AYES: Kubin, Church, Allen, Shrum, Kelly

NAYS:              None

RESOLUTION DECLARED ADOPTED.

Michigan Department of Transportation (MDOT) Main Street Reconstruction Contract-

Resolution 2013-08.

 

City Manager McConkie requested approval of Resolution 2013-08, a Resolution to accept the Main Street Reconstruction Contract between MDOT and the City of St. Louis and authorize signatures.

 

The following preamble and resolution was offered by member Church, and supported by member Shrum:

BE IT RESOLVED THAT, Contract No. 13-5125, Control Section STUL29433, Job Number 116977 by and between the Michigan Department of Transportation and the City of St. Louis is hereby accepted and,

BE IT FURTHER RESOLVED THAT, the following Officials are authorized to sign the said contract:

Mari Anne Ryder, City Clerk

James C. Kelly, Mayor

Roll Call Vote:

Yeas:  Church, Shrum, Kubin, Allen, Kelly

Nays:   None

Resolution Declared Adopted.

New City Hall Interior Design Change.

City Manager McConkie stated the architect is 50% complete with the design phase of the new City Hall. 

Craig Zeese from the Gratiot Area Senior Center has requested they be able to incorporate Senior Center operations in the new City Hall. 

At this point plans would have to be redesigned to accommodate the Senior Center.  There would be additional costs to the City to redesign, and it would put us back to about 10 % complete in the design phase.

City Council members need to decide if they want to incorporate Senior Center operations in the new City Hall.

It was the consensus of the City Council not to incorporate the Senior Center operations in the new City Hall due to the fact that it was not the original intended design and would conflict with the use for general community functions. 

City Manager McConkie and Phil Hansen will meet with Craig Zeese of the Senior Center and inform him of Council’s decision. 

Council members requested Manager McConkie inform Mr. Zeese that the Senior Center could use the Community Room on occasion and perhaps the City could assist in helping them find an alternate location.

Gratiot County Special Election Discussion.

City Manager McConkie stated the Gratiot County Commissioners are holding a Public Forum tonight at 7:00 p.m. regarding funding of Greater Gratiot Development and MSU Extension.   The Commissioners are discussing holding a special election which would cost approximately $40,000.00. 

Manager McConkie suggested City Council members contact the County Commissioners and urge them to reinstate PA 88 until next year and then put the issue on next year’s ballot if the County Commission felt a vote was necessary on the issue.

Accounting System Discussion.

City Manager McConkie and Finance Director Marr discussed various reports that could be given to Council Members instead of the current report they receive. 

Council members preferred to keep the same report.

Member Kubin requested a report showing wages and benefits for each employee.

City Manager Report.

Manager McConkie introduced a Grant of Consent Agreement between the City of St.  Louis and Arcada Township to permit the construction, operation and maintenance of a Water Pipeline in the Township and requested approval to enter into the agreement in similar form and authorize  the Mayor and Clerk to execute the agreement.

Moved by Kubin, supported by Shrum to approve the Grant of Consent Agreement in similar form to the agreement as presented and authorize the Mayor and Clerk to execute the agreement.  All ayes carried the motion.

City Clerk Report.

 

City Clerk Mari Anne Ryder reminded Council Members that the Legislative Breakfast is Monday, April 22nd at 7:30 a.m. at Masonic Pathways lower level of Doig Chapel. 

 

Police Department Report.

 

Sergeant Ramereiz informed Council Members of the following:

 

Prescription Drug Take Back Day is April 27th from 9:00 a.m. to 2:00 p.m. at the St. Louis Police Department.

 

Several people have volunteered to help with the 4th of July 5K-10K walk/run event.

 

Interviews are scheduled for Wednesday and Thursday to replace officers that recently left the department for other jobs.

 

The speed trailer is currently located on Saginaw Street and will be moved through out the City as needed.

 

City Council Comments.

 

Member Church stated he and Mayor Kelly attended a session at the MML Conference regarding blighted properties owned by the railroad. 

 

Member Church stated he felt having the speed trailer on Saginaw Street has really slowed the traffic down.

 

Member Kubin inquired if the Chemical Site could be mowed.

 

Manager McConkie stated the there was no money available to mow the site and the contaminants on the site are hazardous.  Manager McConkie will follow up.

 

Member Shrum requested pot holes be patched throughout the City.  East Street is in bad condition.

 

Manager McConkie stated DPW is continually patching.

 

Member Allen asked if the City’s rental property has been rented. 

 

Finance Director Marr stated it has not.

 

Mayor Kelly stated he had a call from a resident regarding utility shut off.   The resident was waited on at the counter by Utility Billing Clerk Teresa Ward.

 

Mayor Kelly commended Teresa on her professionalism in dealing with the resident.

 

Public Comments.

 

None

 

Moved by Shrum, supported by Church, to adjourn the meeting at 9:28 a.m.  All ayes carried the motion.

  

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        May 7, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, May 7, 2013 at 7:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

 

Mike Parsons-Electric Foreman, Kurt Giles-Public Services Director, Bobbie Marr-Finance Director, RoseMary Horvath-Gratiot County Herald, Katherine Ranzenberger-Morning Sun, Honda Joe Fuentes-North Street, Steve Larsen-Locust Street, 24 High School Students

           

Member Church led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of April 16, 2013.

 

Moved by Kubin, supported by Allen, to approve the minutes of the Regular Meeting held on April 16, 2013.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Shrum, supported by Kubin, to approve the Claims & Accounts in the amount of $440,112.59.  All ayes carried the motion.

 

Monthly Minutes.

 

City Council discussed the April, 2013 Monthly Minutes.

 

Moved by Kubin, supported by Allen, to receive and place on file the April, 2013 Monthly Minutes.  All ayes carried the motion.

 

Public Comments.

 

City resident Larsen asked Council members the status of a plaque in honor of former Mayor, Joe Scholtz and suggested changes to the ORV Ordinance.

 

Member Allen stated the Fishing Derby annual event has been named the Joe Scholtz Memorial Fishing Derby.

 

City staff will work on the request and bring ideas to the Council. 

 

Council Members discussed changes to the ORV Ordinance.

 

Moved by Kubin, supported by Shrum to introduce Ordinance B-219 amendments and set a Public Hearing for May 21, 2013 at 7:30 a.m.  All ayes carried the motion.

 

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda item “a” through “f” as shown below.

 

a.       Leppien Park Grant Information – Receive.

b.      DART Service Summary – Receive.

c.       Traffic Safety Workshop Information – Receive.

d.      Payment for Finance Software Upgrade  – Approve.

e.       Payment for Professional Services – Approve.

f.       Area Sewer Rates Comparison – Receive.

 

Moved by Allen, supported by Kubin, to approve Consent Agenda item “a, b, c, e” and place items d & f under New Business. All ayes carried the motion.

 

New Business.

 

Title VI Non-Discrimination Plan.

 

City Manager McConkie requested Council Members Approve the Title VI Non-Discrimination Plan and Authorize the Mayor/Manager to execute the Plan.

 

Moved by Church, supported by Allen to approve the Title VI Non-Discrimination Plan and Authorize the Mayor and City Manager to execute the Plan.

 

Roll Call Vote:

 

Yeas:  Church, Allen, Kubin, Shrum, Kelly

Nays:  None

Motion Carried

 

Resolution 2013-09  Application for Federal Assistance to USDA.

 

City Manager requested approval of Resolution 2013-09.  A Resolution approving the submittal of an application to the USDA for the purpose of funding renovations to create a new City Hall/Police Department/Community Activity facility.

 

The following preamble and resolution were offered by Member Church, and supported by Member Shrum:

 

WHEREAS, the City of St. Louis has determined that replacement of the existing City Hall building is necessary and is  in keeping with this Council’s long term capital plan, and

WHEREAS, the City has acquired a 18,000 square foot commercial building at the edge of the downtown district formerly used as a grocery store, and

WHEREAS, the City hired Spicer Group to prepare architectural plans and cost estimates to renovate this commercial building to a facility to accommodate needs of City Hall/ Police Department/Community Use Rooms, and

WHEREAS, the architect and City administration has determined the total estimated cost of the project to be $2,422,469, and

WHEREAS, the City is not able to finance the project from its own resources and is prohibited from financing through commercial credit, and

WHEREAS, the City of St. Louis is requesting funding assistance from the US Department of Agriculture (USDA)  through the Community Facilities Loans & Grants Program in the amount not to exceed $1,600,000.

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of St. Louis hereby approve submittal of an application to the USDA for the purpose of funding renovations to create a New City Hall/Police Department/Community Activity facility in an amount not to exceed 1,600,000.

BE IT FURTHER RESOLVED, that Mayor, James Kelly and/or City Manager, Robert McConkie, is hereby authorized to execute any and all documents necessary for the process of application for said funding through the USDA.

Yeas:  Church, Shrum, Kubin, Allen, Kelly

Nays:  None

Resolution declared adopted this 7th day of May, 2013

 Introduce Ordinance B-223 and Set Public Hearing.

City Manager McConkie introduced Ordinance B-223.  An Ordinance to amend section 2-153.3 of the City Code relative to Oak Grove Cemetery.

Moved by Allen, supported by Shrum to set a Public Hearing for Tuesday, May 21st at 7:30 a.m.  All ayes carried the motion.

Pole Truck.

City Manager McConkie requested authorization for the purchase of a Digger Derrick 2012 International 7400 Pole Truck in the amount of $240,000.00.

Council Members discussed the purchase.

Moved by Church, supported by Shrum, to authorize the purchase of a 2012 International Pole Truck subject to the acceptance of the Electric Department in the amount $240,000.00

Roll Call Vote:

Yeas:  Church, Shrum, Kubin, Allen, Kelly

Nays:  None

Motion Carried

2013/2014 Budget.

City Manager McConkie presented the preliminary 2013/2014 Budget to Council Members.

Moved by Church, supported by Shrum to receive the preliminary 2013/2014 Budget, set the Budget Work  Session for May 21, 2013 following the regular Council Meeting and set the Public Hearing for adoption of the 2013/2014 Budget for June 4, 2013 at 7:00 p.m.  All ayes carried the motion.

Bond Counsel Services for City Hall Financing.

City Manager McConkie requested City Council appoint Miller Canfield as Bond Counsel for City Hall Financing and Appoint Umbaugh & Associates as Financial Advisors.

Roll Call Vote:

Yeas:  Shrum, Kubin, Allen, Church, Kelly

Nays:  None

Motion Carried.

Area Sewer Rates Comparison.

Member Allen inquired what the comparison was based on.  Utility Director Giles stated it was based on varying consumption from 5,000 to 7,000 gallons per month. 

Members discussed the area rates.

Moved by Allen, supported by Shrum to receive and place the Area Sewer Rates Comparison on file.  All ayes carried the motion.

Payment for Finance Software Upgrade.

Member Allen inquired on the status of payments for the software upgrades. 

Finance Director Marr stated future payments will show the progress of work performed and the amount still owed.

City Manager Report.

None

 

City Clerk Report.

 

None

 

Police Chief Report.

 

Chief Herblet informed Council Members that he and the School Superintendent have met regularly regarding safety and security and had been in the process of writing a grant that would allow the hiring of a Resource Officer.  It was discovered that the additional cost to the School/City would not be possible.  The grant will not be submitted.

 

Chief Herblet also stated he has hired two part-time officers and one full-time.  Still have one more full-time Officer to hire. 

 

Chief Herblet commended Officer Ramereiz for the extra duties and hours he has taken on as a result of the department being short handed.

 

City Council Comments.

 

Member Shrum commented on a pot hole at the corner of East and Tyrell Streets.

 

Member Church commented on a pot hole on the corner of Saginaw and East Streets.

 

Member Church inquired if a Dog Park has been considered.

 

Member Allen stated a Dog Park is in the Parks Five-Year Plan.

 

Member Kubin stated he would be out of town for the May 21st meeting but would get his comments regarding the 2013/14 Budget to Manager McConkie prior to the work session.

 

Mayor Kelly stated Carla McDaid was interested in serving on a City Board.  Member Kubin stated the DDA has a vacancy.  Staff will make the DDA Director aware of her interest.

 

Mayor Kelly stated he was contacted by a resident asking if the Solid Waste charges could be waived to residents that went away for the winter months.

 

Manager McConkie stated the Solid Waste contract is bid according to the number of residents and could not be figured based on residents that left town for the winter months. 

 

Public Comments.

 

Resident Larsen inquired on the status of placing ORV signs on Mill Street.

 

Chief Herblet stated there really isn’t a need at this time.

 

Manager McConkie will discuss the signs with DPW Director Abbott.

 

Closed Session.

 

Council Member Kubin requested a closed session for strategy connected with the negotiation of a collective bargaining agreement.

 

Moved by Kubin, supported by Shrum to go into closed session at 8:30 p.m.

 

Roll Call Vote:

 

Yeas: Kubin, Shrum, Allen, Church, Kelly

Nays:  None

Motion Carried

 

Moved by Kubin, supported by Shrum, to return to open session at 10:00 p.m.

 

Roll Call Vote:

 

Yeas:  Kubin, Shrum, Church, Allen, Kelly

Nays:  None

Motion Carried.

 

Moved by Shrum, supported by Allen, to adjourn the meeting at 10:02 p.m.  All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        May 21, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, May 21, 2013 at 7:30 a.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, William E. Shrum

                                               

Council Members Absent:      George T. Kubin (excused)  

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

 

Kurt Giles-Public Services Director, Mark Abbott-DPW Superintendent, Phil Hansen-DDA Director, Mike Parsons-Electric Superintendent, Dori Foster-Community Services Coordinator, Bobbie Marr-Finance Director, Steve Mepham-Water/Wastewater Superintendent, Steve Larsen-Resident, four High School Students

           

Member Allen led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of May 7, 2013.

 

Moved by Shrum, supported by Allen, to approve the minutes of the Regular Meeting held on May 7, 2013 with the following change:  Page 320 last sentence, change City Five-Year Plan to Parks & Recreation Five-Year Plan.  All ayes carried the motion.

 

Moved by Church, supported by Shrum, to approve the Closed Session Minutes.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Allen, supported by Shrum, to approve the Claims & Accounts, in the amount of $351,930.31.  All ayes carried the motion.

 

Monthly Reports.

 

City Council discussed the April, 2013 Monthly Reports.

 

Moved by Shrum, supported by Church, to receive and place on file the April, 2013 Monthly Reports.  All ayes carried the motion.

 

Public Hearings.

 

Ordinance B-223 Amending Oak Grove Cemetery Prohibited Conduct.

 

Mayor Kelly opened the Public Hearing on Ordinance B-223 at 7:50 a.m.

 

City Manager McConkie stated the amendment was to Section 2-153.3 which added number (5) relating to Dogs in the Cemetery.

 

Discussion was held regarding the signage at the Cemetery.  The sign needs to be replaced in the Cemetery stating the new change and also the current sign states bicycles are not allowed and the Ordinance states bicycles are allowed.  DPW Superintendent will handle the signage.

 

 Public Comments.

 

Mayor Kelly asked for Public Comments.

 

There were no Public Comments.

 

Mayor Kelly closed the Public Hearing at 7:54 a.m.

 

Ordinance B-223 Adoption

 

The City of St. Louis Ordains:

Section 2-153.3 of the City of Saint Louis Code of Ordinances is hereby amended to read as follows:

“Sec. 2-153.3. PROHIBITED CONDUCT

It shall be unlawful for a person to:

(1)        Enter upon or remain in the Cemetery outside of the hours of operation of

            8:00 a.m. to 9:00 p.m. Michigan time;

                        (2)        Discard or abandon any unauthorized personal property within the

                                    Cemetery;

(3)        Dig or excavate within the Cemetery, except as provided in the Rules of

            the Cemetery;

(4)                 Plant, or cause to be planted, a tree, shrub or other plant without the 

             express permission of the City.

(5)                 Cause or permit any dog owned or possessed by him/her to run at large within the Cemetery.”

 

SECTION 2.   SEVERABILITY.

 

If a court of competent jurisdiction declares any provision of this Ordinance herein to be unenforceable, it shall not affect any other part or provision of this Ordinance.

 

Provided that if a court of competent jurisdiction declares a penalty provision to exceed the authority of the City, the penalty shall be construed as the maximum penalty that is determined by the court to be within the authority of the City to impose.

 

SECTION 3.   REPEAL OF CONFLICTING PROVISIONS AND EFFECTIVE DATE.

 

All ordinances or parts of ordinances in conflict or inconsistent with the provisions of this Ordinance are hereby repealed; provided that any violation charged before the effective date of this Ordinance under an Ordinance provision repealed by this Ordinance shall continue under the Ordinance provision then in effect.

SECTION 4.   EFFECTIVE DATE.  This Ordinance shall take effect and be in force 30 days from and after its enactment as provided by the City Charter.

SECTION 5. ENFORCEMENT.

Any violation of this Ordinance or any part thereof or of the Rules which are established pursuant to this Ordinance shall be punishable by a civil infraction.  In addition, the City specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this ordinance.

Roll Call Vote:

Yeas:  Shrum, Allen, Church, Kelly 

Nays:   None

Motion Carried

Ordinance B-224 Amending Section 62-126 Hours of Operation of ORV’s.

 

Mayor Kelly opened the Public Hearing on Ordinance B-224 at 7:56 a.m.

 

City Manager McConkie stated the amendment was to Section 62-126 which amended the times ORV’s can be operated on City Streets.

 

Discussion was held regarding the change.

Public Comments.

 

Mayor Kelly asked for Public Comments.

 

There were no Public Comments.

 

Mayor Kelly closed the Public Hearing at 8:08 a.m.

Ordinance B-224 Adoption

The City of St. Louis Ordains:

SECTION 1:  The preamble to subsection (e) of Section 62-126 of the City of Saint Louis Code of Ordinances is hereby amended to read as follows:

“(e) Except as set forth herein or otherwise provided by law, an ORV, meeting all of the following conditions, may be operated on a Street in the City 6:00 a.m. to 10:00 p.m.”

SECTION 2:  SEVERABILITY.

If a court of competent jurisdiction declares any provision of this Ordinance herein to be unenforceable, it shall not affect any other part or provision of this Ordinance.

 

Provided that if a court of competent jurisdiction declares a penalty provision to exceed the authority of the City, the penalty shall be construed as the maximum penalty that is determined by the court to be within the authority of the City to impose.

 

SECTION 3:   REPEAL OF CONFLICTING PROVISIONS AND EFFECTIVE DATE.

All ordinances or parts of ordinances in conflict or inconsistent with the provisions of this Ordinance are hereby repealed; provided that any violation charged before the effective date of this Ordinance under an Ordinance provision repealed by this Ordinance shall continue under the Ordinance provision then in effect.

SECTION 4:   EFFECTIVE DATE.  This Ordinance shall take effect and be in force 30 days from and after its enactment as provided by the City Charter.

 SECTION 5:   ENFORCEMENT.

Any violation of this Ordinance or any part thereof or of the Rules which are established pursuant to this Ordinance shall be punishable by a civil infraction.  In addition, the City specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this ordinance.

ROLL CALL VOTE:

Yeas:  Shrum, Allen, Church, Kelly.

Nays:  None

Motion Carried.

Consent Agenda.

 

City Manager McConkie requested City Council Members approve Consent Agenda items “a” through “e” as shown below.

 

a.       Reimbursement to Water Authority – Approve.

b.      Payment to Rowe Inc. – Approve.

c.       Progress Payment #4 to Riverworks Const. – Approve.

d.      Payment for Finance Software Upgrade – Approve.

e.       Correspondence from DEQ – Receive.

 

Moved by Allen, supported by Church, to approve Consent Agenda items “a” through “e.”  All ayes carried the motion.

 

New Business.

 

Introduce Ordinance B-225 Amending Yard Sale Ordinance and Set Public Hearing.

 

City Manager McConkie introduced Ordinance B-225 which amends the Yard Sale Ordinance by adding limitations on the size of yard sale signs and requested Council Members set the Public Hearing for June 4, 2013 at 7:00 p.m.

 

Moved by Allen, supported by Shrum, to set the Public Hearing for Ordinance B-225 for June 4th at 7:00 p.m.  All ayes carried the motion.

 

Request for Street Closure – Historical Society.

 

City Manager stated the Historical Society is requesting permission to close Crawford Street between Main and Franklin Streets on May 28 and June 25, 2013 from 6:00 until 9:00 p.m.

 

Moved by Church, supported by Allen to approve the closure of Crawford Street between Main and Franklin Streets on May 28 and June 25, 2013 from 6:00 until 9:00 p.m.  All ayes carried the motion.

 

Memorial Day Parade Request.

City Manager McConkie stated the American Legion Post is requesting to hold the Annual Memorial Day Parade on May 27, 2013 along with approval to fire volleys at Mill Street Bridge and at the Cemetery.

Moved by Allen, supported by Shrum to approve the Parade, firing of volleys and Mill Street closure from 10:00 to 11:00 a.m. on Monday, May 27, 2013.  All ayes carried the motion.

Request for Street Closure - Flag Day Ceremony.

City Manager McConkie stated the Gleaners Harmony Arbor are requesting the closure of Saginaw Street between Mill and Main Streets on Friday, June 14, 2013 at 7:00 p.m. for the Flag Day Ceremony.

Moved by Shrum, supported by Church to approve the closure of Saginaw Street between Mill and Main Streets on Friday, June 14, 2013 at 6:30 p.m. until 8:00 p.m. for the Flag Day Ceremony.  All ayes carried the motion.

Resolution 2013-10 MERS Defined Benefit Program.

City Manager McConkie requested members approve Resolution 2013-10 MERS Defined Benefit Retirement Program Clarification.  There will be a $1,000.00 filing fee and an analyst will prepare a report for council.

The following preamble and resolution were offered by Member Shrum, and supported by Member Allen:               

WHEREAS, the City of Saint Louis finds it necessary to clarify its position with regard to its MERS Defined Benefit Retirement Program, and

WHEREAS, approximately 12 years ago, the City of Saint Louis by resolution of its City Council did establish a Defined Contribution Retirement Program for all newly hired employees, and

WHEREAS, upon the implementation of the Defined Contribution Retirement Program the intent of the City was to close the Defined Benefit Retirement Program to newly hired employees, and

WHEREAS, in July of 2004, the City Council entered into an employment contract with newly hired City Manager, Robert McConkie in which the City Council agreed to provide Defined Benefit Retirement Plan for the City Manager, and 

WHEREAS, in order that this Council could comply with provisions of this contract with respect to retirement benefits, MERS allowed this Council to place the City Manager into its Division 10 City Manager Defined Benefit Retirement Program which had been previously closed to newly hired employees, and

WHEREAS, as a result of this action to place City Manager, Robert McConkie, into the City Manager Division 10 City Manager Defined Benefit Retirement Program and further discussions with MERS, it was interpreted that the City Council had intended that the Division 10 City Manager Defined Benefit Retirement Program should be a division open to newly hired City Managers in the future, and

WHEREAS, it has come to the attention of this Council that this Division 10 City Manager Defined Benefit Retirement Program now remains open to a newly hired City Manager as of the date of this resolution which is contrary to the intent of this Council.

NOW THEREFORE IT BE RESOLVED, the City Council hereby restates and affirms its intent with regard to its MERS Defined Benefit Retirement Program Division 10 City Manager that this division was closed to newly hired employees in or about 1999 as originally stated by resolution of the City Council and should remain a closed division as reaffirmed by resolution of this City Council.

BE IT FURTHER RESOLVED, the actions taken in 2004 to place City Manager Robert McConkie into the closed Division 10 City Manager Defined Benefit Retirement Program as agreed to by the City and MERS was correct and appropriate only for the purpose of the City Council to honor provisions of an employment contract which had been entered into by City Council.

Roll Call Vote:

Yeas:    Shrum, Allen, Church, Kelly

Nays:    None

Resolution declared adopted.

Resolution 2013-11 Authorizing Defeasance of Outstanding Bonds.

 

City Manager McConkie requested Council Members approve resolution 2013-11, a Resolution authorizing defeasance of outstanding bonds from the 1997 Water/Sewer System Upgrades.  The amount to pay off the bond is $376,000.00 and is available in the water/wastewater fund.

The following preamble and Resolution were offered by Member Church and supported by Member Shrum:

 

WHEREAS, pursuant to Act 94, Public Acts of Michigan, 1933, as amended and Bond Ordinance No. B-120 duly adopted by the Council on September 8, 1997 (the "Ordinance"), the City did issue and deliver its $995,000 Water Supply and Sewage Disposal System Revenue Bonds, Series 1997, dated October 1, 1997 (the "Bonds"); and

 

WHEREAS, a portion of the Bonds in the aggregate principal amount of $360,000 remains outstanding (the "Outstanding Bonds"); and

 

WHEREAS, the Council has determined that it is in the best interests of the City to provide for the advance payment of all of the principal of and interest on the Outstanding Bonds to the next call date of the Outstanding Bonds and redemption premium equal to 1% of the principal amount of the Outstanding Bonds (the "Defeasance"); and

 

WHEREAS, the City has funds on hand in the Bond and Interest Redemption Fund for the Bonds (the "Prior Bond and Interest Redemption Fund") to apply to the Defeasance; and

 

WHEREAS, in order to accomplish the Defeasance, it is necessary for the City to call the Outstanding Bonds for redemption on October 1, 2013 (the "Call Date") and establish an escrow account for the payment of the principal of and interest and redemption premium on the Outstanding Bonds on the Call Date.

 

NOW, THEREFORE, BE IT RESOLVED THAT:

1.      Escrow Account.  All of the funds on hand in the Prior Bond and Interest Redemption Fund, together with such City funds on hand and lawfully available for such use necessary to accomplish the Defeasance, are hereby directed to be transferred and held as cash or invested in direct obligations of or obligations the principal of and interest on which are unconditionally guaranteed by the United States of America or other obligations the principal of and interest on which are fully secured by the foregoing in an escrow account (the "Escrow Account").  The Escrow Account shall be held by U.S. Bank National Association, Detroit, Michigan, as escrow agent (the "Escrow Trustee") pursuant to an Escrow Agreement (the "Escrow Agreement").  The investments held in the Escrow Account shall be such that the principal and interest payments received thereon will be sufficient, without reinvestment, to pay the principal of and interest and redemption premium on the Outstanding Bonds when due and upon redemption on the Call Date.  Upon the advice of the City's financial advisor and counsel, the City Manager, City Clerk, or Finance Director/Treasurer of the City (each being an "Authorized Officer") are each authorized to negotiate the terms of, approve the form of and execute and deliver the Escrow Agreement. 

 

2.      Other Actions.  All actions heretofore or hereafter taken by any officers or agents of the City to effect the Defeasance described in this Resolution, are hereby authorized, ratified and confirmed, and, take all other actions necessary and undertake any procedures required to effectuate the Defeasance.

 

3.   Consultants.  The City hereby appoints H.J. Umbaugh & Associates as the City's financial advisor and Miller, Canfield, Paddock and Stone, P.L.C., as counsel to the City with respect to the Defeasance.  Upon the advice of the City's financial advisor, any Authorized Officer is authorized to select and appoint a verification agent to determine the accuracy of (a) the mathematical computations of the adequacy of cash and investments to be held in the Escrow Account and used, together with the earnings thereon, to pay the principal of and interest and redemption premium on the Outstanding Bonds on the Call Date and (b) the computations of the yield on the Bonds as originally issued and the yield of the obligations to be held in the Escrow Account. 

 

4.     Repealer.  All resolutions and parts of resolutions insofar as they conflict with the    provisions of this Resolution be and the same hereby are rescinded.

 

5.     Immediate Effect.  This Resolution shall have immediate effect.

 

Yeas:   Church, Shrum, Allen, Kelly

 

Nays:   None 

                                                                         

Resolution Declared Adopted.

 

Resolution 2013-12 Utility Waver of Lien Privilege Policy.

Finance Director Marr stated that a policy for Utility Deposits needs to be established regarding rental properties.

City Manager McConkie requested Council Members approve Resolution 2013-12 which will clarify the proper execution of the waiver of lien privilege with regard to utility services.

The following preamble and resolution were offered by Member Church, and supported by Member Shrum:               

WHEREAS, the City of St. Louis finds it necessary to clarify the proper execution of the waiver of lien privilege with regard to utility services.

NOW THEREFORE IT BE RESOLVED, the City Council hereby establishes the following policy regarding Utility Service – Waiver of Lien Privilege.

PURPOSE:

The purpose of this policy is to establish the requirements for a Waiver of Lien Privilege for leased properties pursuant to MCL 123.165 and MCL 141.121.  

This policy will, under these particular conditions, allow the utility billing and utility staff to terminate water and electric service to residential properties when a proper Waiver of Lien Privilege has been filed, and the customer fails to pay the charges due.  The basis for this policy is found in the City of St. Louis Code of Ordinances (Sec. 2-112; Sec. 66-102; Sec. 66-103)

 

 PROCEDURE:

The following procedure shall be followed when a Waiver of Lien Privilege is requested:

        i.                        There must be a legally executed, written lease containing a provision that the tenant is responsible for payment of electric, water, sewer and/or solid waste bills and that the landlord is not liable for these charges;

      ii.                        The provision of the lease that requires the tenant to pay any electric, water, sewer and/or solid waste bills must expressly state that the tenant agrees to the City’s requirement of a cash deposit;

    iii.                        The landlord must file an affidavit, signed by both parties, thereby requesting a Waiver of Lien Privilege.  The affidavit must be in the form supplied by the City;

    iv.                        A copy of the lease must be filed with the affidavit;

      v.                        The affidavit, lease and security deposit must be filed with the City Utility Billing Clerk within twenty (20) days after the effective date of the lease.  However the change in utilities can only be back dated to the day after the most recent read date;

    vi.                        Upon receipt and approval of a request from the property owner for a Waiver of Lien Privilege, a cash deposit shall be required of the lessee (renter) as security for payment of all electric/water/sewer/solid waste charges.  The minimum deposit shall be equal to four (4) times the average monthly bill for the property, based on the City’s available records.  In no instance shall the security deposit be less than $200.

Upon receipt of such notification and receipt of the security deposit, City of St. Louis will waive its lien privilege.  Electric/Water/Sewer/Solid Waste bills to the lessee (renter) within the term of a lease and affidavit that has been properly filed shall NOT be a lien against the property.  The landlord shall give the City twenty (20) days written notice of any cancellation, change in, or termination of the lease.  Upon expiration of the lease, a new lease and affidavit that meet the above criteria must be submitted to retain the waiver of lien.

Without proper notification and compliance with these rules, any unpaid electric/water/sewer/solid waste will become a lien against the property served, regardless of any lease provisions or other agreement between the landlord and the renter.

After the proper notification and compliance has occurred:

        i.            Services will be terminated for any unpaid or delinquent bills.  Ongoing unpaid bills will not be deducted from the security deposit.  Unpaid final bills will be deducted from the security deposit balance.   Any remaining security deposit will be refunded to the lessee (renter).

      ii.            If service is off when a final bill is prepared, the reconnection fee (turn-on) will be deducted from the security deposit to the extent a balance is available to do so.  If the security deposit is not sufficient to cover the reconnection fee, the property owner will be responsible for paying fee prior to the service being restored.

    iii.            All customer security deposits are held in trust.  Any interest earned is the property of the City and used to defray costs of administering the program.

    iv.            If the property owner and lessee (renter) renews the affidavit according to this policy, the original deposit will remain in trust for the duration of the affidavit.

OTHER:

Any clarification of this policy shall be directed to the Utility Director or the City Treasurer.

BE IT FURTHER RESOLVED, that said policy shall be implemented immediately.

Roll Call Vote:

Yeas:  Church, Shrum, Allen, Kelly

Nays:  None

Resolution declared adopted.

Release Agreement with Malcolm Pirnie, Inc.

City Manager McConkie informed Council Members that the Release Agreement between the City of St. Louis and Malcolm Pirnie, Inc. is related to wells drilled on the Fredrickson property and calls for Malcolm Pirnie to pay up to $29,900.00 to close the wells if not used.

Moved by Shrum, supported by Allen to enter into the Release Agreement and authorize the Mayor and Clerk to execute the Agreement.

Roll Call Vote:

Yeas:  Shrum, Allen, Church, Kelly

Nays:  None

Motion carried.

Grant of Consent – Arcada Township

City Manager McConkie stated the Grant of Consent between the City of St. Louis, Arcada Township and the Water Authority authorizes the use of road rights-of-way to install Water Mains.

Moved by Allen, supported by Church to enter the Grant of Consent with Arcada Township and Authorize the Mayor and Clerk to execute the agreement.

Roll Call Vote:

Allen, Church, Shrum, Kelly

Motion Carried.

City Manager Report.

None

City Clerk Report.

 

City Clerk Mari Anne Ryder stated there were not more than two candidates seeking the seat of Mayor and no more than four candidates seeking seats for Council Person so there would not be a City Primary Election.

 

Police Chief Report.

 

None

 

City Council Comments.

 

Member Allen stated she received an e-mail from a resident regarding a Street Millage.  The resident was in favor of a millage.

 

Member Allen asked that the website be updated regarding the Cemetery.

 

City Clerk will update the page.

 

Mayor Kelly stated he has been riding his bicycle on every City Street and has noticed the streets with curb and gutter are holding up far better than the streets without curb and gutter.

 

Public Comments.

 

DDA Director Hansen reminded Council Members the German Exchange program is Friday starting at the Library at 9:00 a.m. with lunch at 11:30 a.m. in the Chambers and encouraged Council Members to attend.

 

DDA Director Hansen also stated work has begun on a Street Millage analysis.

 

Recess.

 

Mayor Kelly requested a 15 minute recess at 9:10 a.m.

 

Moved by Church, supported by Shrum, to reconvene the meeting at 9:25 a.m.  All ayes carried the motion.

  

2013/2014 Budget Work Session

 

City Manager McConkie reviewed the 2013/2014 Budget with Council Members.

 

City Manager McConkie reviewed expenditures for each account.

 

Discussion was held regarding the New City Hall.

 

Moved by Shrum, supported by Allen to authorize to transfer $750,000.00 from General Fund to City Hall Capital Improvement Fund.  All ayes carried the motion.

 

Mayor Kelly requested a recess at 10:30 a.m.

 

Moved by Shrum, supported by Church to reconvene the meeting at 10:40 a.m.

 

City Manager McConkie completed the Budget Summary Presentation.

 

Moved by Shrum, supported by Church to set a Public Hearing for the 2013/2014 Budget Adoption for June 4, 2013 at 7:00 p.m.  All ayes carried the motion.

 

Moved by Shrum, supported by Church to adjourn the meeting at 12:10 p.m.  All ayes carried the motion.

  

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        June 4, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, June 4, 2013 at 7:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Sergeant:                      Rich Ramereiz

 

Others in Attendance:

Kurt Giles-Public Services Director, Bobbie Marr-Finance Director, Rose Mary Horvath-Gratiot County Herald

           

Member Church led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of May 21, 2013.

 

Moved by Shrum, supported by Church, to approve the minutes of the Regular Meeting held on May 21, 2013 with the following correction:  Page 327 under Resolution 2013-10 first Paragraph change “the” to “there”  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Kubin, supported by Church, to approve the Claims & Accounts, in the amount of $459,743.11.  All ayes carried the motion.

 

Monthly Minutes.

 

City Council discussed the May, 2013 Monthly Minutes.

 

Moved by Kubin, supported by Allen, to receive and place on file the May, 2013 Monthly Minutes.  All ayes carried the motion.

 

 

Public Hearing-Ordinance B-225

 

Mayor Kelly opened the Public Hearing on Ordinance B-225 an Ordinance to amend the Regulation of Yard Sale Signs at 7:12 p.m.

 

Public Comments.

 

None.

 

Mayor Kelly closed the Public Hearing on Ordinance B-225 at 7:15 p.m.

 

The City of St. Louis Ordains:

SECTION 1:  Section 42-26.2 d of the City of Saint Louis Code of Ordinances is hereby amended to read as follows:

“d.  Any and all signs posted for such sale shall not be larger than nine square feet, shall display the permit number and shall be removed by the expiration time set forth on the permit.”

SECTION 2:   SEVERABILITY.

 

If a court of competent jurisdiction declares any provision of this Ordinance herein to be unenforceable, it shall not affect any other part or provision of this Ordinance.

 

Provided that if a court of competent jurisdiction declares a penalty provision to exceed the authority of the City, the penalty shall be construed as the maximum penalty that is determined by the court to be within the authority of the City to impose.

 

SECTION 3:   REPEAL OF CONFLICTING PROVISIONS AND EFFECTIVE DATE.

 

All Ordinances or parts of Ordinances in conflict or inconsistent with the provisions of this Ordinance are hereby repealed; provided that any violation charged before the effective date of this Ordinance under an Ordinance provision repealed by this Ordinance shall continue under the Ordinance provision then in effect.

 

SECTION 4:   EFFECTIVE DATE.  This Ordinance shall take effect and be in force 30 days from and after its enactment as provided by the City Charter.

 

SECTION 5:   ENFORCEMENT.

Any violation of this Ordinance or any part thereof or of the Rules which are established pursuant to this Ordinance, shall be punishable by a civil infraction.  In addition, the City specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this Ordinance, 

Roll Call Vote:

Ayes:  Church, Allen, Kubin, Shrum, Kelly

Nays:  None

Motion Carried.

Public Hearing-2013/2014 Budget

 

Mayor Kelly opened the Public Hearing on the 2013/2014 Budget at 7:16 p.m.

 

Public Comments.

 

None

 

Mayor Kelly closed the Public Hearing on the 2013/2014 Budget at 7:20 p.m.

 

Resolution 2013-13 Budget Adoption.

 

The following preamble and Resolution was offered by Kubin, and supported by Shrum.

WHEREAS, the City Manager has submitted and filed with the City Council a proposed budget estimating revenues and expenditures for 2013-2014 fiscal year on May 7, 2013, as required by Chapter VII, Section 7 of the City Charter and Act 2, Michigan Public Acts of 1968, as amended, and

WHEREAS, the City Council in accordance with Act 621 Michigan Public Acts of 1978, as amended, has set the date June 4, 2013 for a public hearing at 7:00 p.m., or as soon thereafter as the agenda permits, to receive citizen comment on the proposed budget as presented herein.  A copy of the affidavit of publication of said public hearing is on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, the City Council, after such hearing thereon and consideration thereof, does hereby adopt said budget as represented herein and fixes the tax of fifteen (15) mills for general operating purposes and one (1) mill for maintaining a public library, to be raised by a general ad valorem tax upon owners of real and personal property in the City, by the authority granted, and in accordance with the Michigan Constitution, the General Property Tax Act 206, Michigan Public Acts of 1893, as amended, and City Charter, Chapter VII, subject to limitations therein.

BE IT FURTHER RESOLVED, that the City Treasurer be authorized and directed to make such transfers between the various funds in accordance with the adoption of the budget as follows:

                                                              GENERAL FUND

 

REVENUES                                                               EXPENDITURES                                                                                            

Taxes                                $    664,250                        General Government              $     483,970

License & Permits                    13,100                        Public Safety                                 887,870

Intergovernmental                  685,630                        Public Works                                 148,550

Charges for Services              409,320                        Community & Eco Dev.                113,200

Fines & Forfeitures                    4,800                        Recreation & Culture                    361,100

Interest & Rents                         4,900                        Unfunded Pension Liability            20,000

Other Revenue                         14,000                        Debt Service                                      6,850

Other Financing Sources                   0                        To Fund Balance                                      0

From Fund Balance               225,540                                                                                           

Total Revenues                 $2,021,540                        Total Expenditures                   $2,021,540

 

                                           CEMETERY PERPETUAL CARE FUND

REVENUES                                                                                                    EXPENDITURES                                                                    

State Grants                            $        0                        General Government                  $            0

Interest                                          400                        Other Financing Uses                               0

Other Revenues                         1,800

From Fund Balance                          0                        To Fund Balance                               2,200

Total Revenues                       $ 2,200                        Total Expenditures                      $    2,200

 

                                                         MAJOR STREET FUND

 

REVENUES                                                                                                    EXPENDITURES                                                                     

Intergovernmental              $  637,080                        Highways Streets & Bridges   $    812,050

Interest                                          400                        Other Financing Uses                               0

Other Revenues                       12,000                        To Fund Balance                                      0

Other Sources                                   0

From Fund Balance               162,570                                                                                          

Total Revenues                  $  812,050                        Total Expenditures                  $    812,050

                                                                             

LOCAL STREET FUND

 

REVENUES                                                                                                    EXPENDITURES                                                                    

Intergovernmental            $    103,790                        Highways, Streets & Bridges $     223,140

Interest                                          100                        To Fund Balance                                  750

Other Revenues                                0

Other financing Sources        120,000

From Fund Balance                          0                                   

Total Revenues                 $   223,890                        Total Expenditures                 $     223,890

 

DOWNTOWN DEVELOPMENT AUTHORITY

 

REVENUES                                                                                                    EXPENDITURES                                                                   

Taxes                                 $     33,000                        Community & Economic Dev. $      17,100               

Interest & Rents                         8,060                        Debt Service                                      2,770

From Fund Balance                          0                        Other Uses                                       20,210

                                                                                    To Fund Balance                                  980

Total Revenues                 $     41,060                        Total Expenditures                  $      41,060

 

T.A. CUTLER MEMORIAL LIBRARY

 

REVENUES                                                                                                    EXPENDITURES                                                                   

Taxes                                 $     45,230                        Recreation & Culture                $ 121,490

Intergovernmental                      6,310                        Other Uses                                      36,640

Charges for Services                     750                                                                                           

Fines & Forfeits                       87,180                                                                                           

Interest & Rents                            200                                                                                           

Other Revenues                         9,020                       

Other Sources                                   0

From Fund Balance                   9,440

Total Revenues                 $   158,130                        Total Expenditures                     $ 158,130

 

The vote on the foregoing resolution was as follows:

 

Ayes:   Kubin, Shrum, Allen, Church, Kelly   

Nays:   None              

Absent: None 

           

Resolution declared adopted.   

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “h” as shown below.

 

a.       Payment to Spicer for City Hall Design – Approve.

b.      Reimbursement to Water Authority – Approve.

c.       Progress Payment No. 5 to Riverworks Construction – Approve.

d.      Payment to Rowe for SRF Project Design  – Approve.

e.       Mid-Michigan Area Cable Consortium Minutes – Receive.

f.       Energy Optimization 2012 Annual Report – Receive.

g.      Monthly Energy Smart Report – Receive.

h.      Correspondence from MAGNET – Receive.

 

Moved by Allen, supported by Shrum, to approve Consent Agenda items “a” through “h.”  All ayes carried the motion.

 

New Business.

 

Set Public Hearing for Plasti-Paint IFE.

 

City Manager McConkie requested Council Members set a Public Hearing for Plasti-Paint IFE for June 18, 2013 at 7:30 a.m.

 

Moved by Kubin, supported by Shrum, to set a Public Hearing for Plasti-Paint IFE for June 18, 2013 at 7:30 a.m.  All ayes carried the motion.

 

Set Public Hearing for 2012/2013 Budget Amendments.

City Manager McConkie requested Council Members set a Public Hearing for the 2012/2013  Budget Amendments for June 18, 2013 at 7:30 a.m.

Moved by Allen, supported by Shrum, to set a Public Hearing for the 2012/2013 Budget Amendments for June 18, 2013 at 7:30 a.m.  All ayes carried the motion.

Sensus Software Upgrade.

City Manager McConkie stated he was notified by Sensus that the meter reading software is outdated and not supported anymore.  The quote is for an updated version and License to use the cloud version.  There will be an annual License fee.

Moved by Church, supported by Shrum, to approve the upgrade of Sensus Software in the amount of $41,200.00.  All ayes carried the motion.

POAM Agreement 7/1/13 through 6/30/16.

City Manager McConkie requested Council Members approve the POAM Agreement, which includes the new Health Insurance program, effective 7/1/13 through 6/30/16 and authorize the Mayor and Clerk to execute the Agreement.

Moved by Kubin, supported by Shrum, to approve the POAM Agreement effective 7/1/13 through 6/30/16 and authorize the Mayor and Clerk to execute the Agreement. 

Roll Call Vote:

Ayes:  Kubin, Shrum, Church, Allen, Kelly

Nays:  None

Motion Carried.

IBEW Electric Division Agreement 7/1/13 through 6/30/15.

City Manager McConkie requested Council Members approve the IBEW Electric Division Agreement, which includes the new Health Insurance program and extends the contract for one year, 7/1/13 through 6/30/15 and authorize the Mayor and Clerk to execute the Agreement. 

Moved by Shrum, supported by Church, to approve the IBEW Electric Division Agreement 7/1/13 through 6/30/15 and authorize the Mayor and Clerk to execute the agreement. 

Roll Call Vote:

Ayes:  Shrum, Church, Kubin, Allen, Kelly

Nays:  None

Motion Carried.

City Manager Report.

Downtown Historic Designation Project.

City Manager McConkie stated that DDA Director Hansen has been working on getting certain downtown buildings designated as historical and listed in the National Register. 

Moved by Church, supported by Shrum, to approve the proposal for Services by Taylor Preservation, LLC in the amount of $15,000.00.  All ayes carried the motion.

Flag Day Proclamation.

City Manager McConkie requested Council Members authorize the Mayor to Proclaim June 14, 2013 as National Flag Day.

Moved by Kubin, supported by Shrum, to authorize the Mayor to Proclaim June 14, 2013 as National Flag Day.  All ayes carried the motion.

City Clerk Report.

 

City Clerk Mari Anne Ryder informed Council Members that September 17 through September 20, 2013 is the Michigan Municipal League Conference in Detroit and requested members check their schedules and decide if they will be attending.

 

City Clerk Mari Anne Ryder reminded Council Members that this coming Saturday was the Fishing Derby.

 

Police Sergeant Report.

 

Sergeant Ramereiz stated he was asked by the Gratiot County Substance Abuse Coalition to approach Council regarding making City Parks smoke free areas.

 

Council members discussed the request.

 

No action was taken on the matter.

 

City Council Comments.

 

Council Member Church stated that the “No Parking” signs along the North side of Clapp Park need replaced.

 

Council Member Allen asked Sergeant Ramereiz how the MAGNET program was doing since we do not have an officer involved. 

 

Sergeant Ramereiz stated MAGNET is very busy, still very much involved in the area.  There are fewer members on the team and there’s more of a work load.

 

Council Member Church stated he has been involved in the Robin recovery and is amazed at the number of birds in the area of Bankson, Watson, North and Center Streets that have been picked up.  There have been eight in a month.

 

Mayor Kelly stated he has been riding his bike around the City Streets and has passed the newly purchased Street Sweeper.  The dust seems to be down and it is nice seeing the sweeper on our streets.

 

Public Comments.

 

None

 

Moved by Shrum, supported by Church to adjourn the meeting at 8:30 p.m.  All ayes carried the motion.

 

 Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        June 18, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor Pro Tem Melissa Allen on Tuesday, June 18, 2013 at 7:30 a.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor Pro Tem Melissa A. Allen, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      Mayor James C. Kelly (excused), Jerry L. Church (excused)  

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

Kurt Giles-Public Services Director, Bobbie Marr-Finance Director, Phil Hansen-DDA Director, Mike Parsons-Electric Foreman, Richard Apps-Fire Chief, Dori Foster-Community Services Coordinator, Rosemary Horvath-Gratiot County Herald, Don Schurr-Greater Gratiot, Tom Reed-Resident, Dave Bacon-Plasti-Paint

           

Member Kubin led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of June 4, 2013.

 

Moved by Kubin, supported by Shrum, to approve the minutes of the Regular Meeting held on June 4, 2013.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Shrum, supported by Kubin, to approve the Claims & Accounts, in the amount of $307,103.76.  All ayes carried the motion.

 

Monthly Reports.

 

City Council discussed the May, 2013 Monthly Reports.

 

Moved by Kubin, supported by Shrum, to receive and place on file the May, 2013 Monthly Reports.  All ayes carried the motion.

 

Public Hearing-Plasti-Paint Industrial Facilities Exemption (IFE).

 

Mayor Pro Tem Melissa Allen opened the Public Hearing on Plasti-Paint IFE at 7:36 a.m.

 

Public Comments.

 

Don Schurr of Greater Gratiot stated Plasti-Paint installed a large piece of equipment that basically cleans the exhaust air and also allows for more production.  The request for the IFE is on this new piece of equipment.

 

There being no further comments, Mayor Pro Tem Melissa Allen closed the Public Hearing at  7:39 a.m.

 

Resolution 2013-14 Approving a Recommendation of an Industrial Facilities Exemption for Plasti-Paint, Inc.

 

The following preamble and resolution were offered by Shrum, and supported by Kubin:

                

WHEREAS, pursuant to P.A. 198 of 1974, M.C.L. 207.551 et seq., after a duly noticed public hearing held on April 7, 1986, this Council, by resolution, established St. Louis Industrial Development District No. 2, as requested by Greater Gratiot Development, Inc.; and

WHEREAS, Plasti-Paint, Inc. has filed an application for an Industrial Facilities Exemption Certificate with respect to acquisition of new equipment for said existing facility located within the Industrial Development District; and

WHEREAS, before acting on said application, the City Council held a hearing on June 18th, 2013 at the City Council Chambers, during a regular meeting called for 7:30 am, at which hearing the applicant, the Assessor, and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; and

WHEREAS, the installation of the new machinery and equipment had not begun earlier than six (6) months before May 13, 2013, the date of the acceptance of the application for the Industrial Facilities Exemption Certificate; and

WHEREAS, the expansion of the facility will cause the retention of 24 employment positions and create 10 new positions within a 2 year period of time in the City of St. Louis and Gratiot County; and

WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City, after granting the transfer of certificates, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted, the Council finds there will be no adverse impact, in fact, the Council finds there will be a positive long term benefit,

NOW, THEREFORE, BE IT RESOLVED BY the Council of the City of St. Louis that:

CONTINUATION of RESOLUTION RECOMMENDING the ISSUANCE of

          - An INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE -

1.   Plasti-Paint, Inc.  is eligible to apply for Industrial Facility Exemption Certificates.

2.  The Council finds and determines that the granting of the Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974, shall not have the effect of substantially impeding the operation of the City of St. Louis, or impairing the financial soundness of a taxing unit which levies ad valorem taxes in the City of St. Louis; and

3.  Whereas there was no payment, offer of payment, or request for payment in lieu of taxes or other fees except that which may be authorized by law; and

4.  The Council recommends to the Michigan State Tax Commission the granting of the request for an Industrial Facilities Exemption Certificate, to wit: be and the same is hereby approved, and that

The Industrial Facilities Exemption Certificates, when approved shall be and remain in force for a seven (7) year period of time for the addition of the new machinery and equipment.

Roll Call Vote:

Yeas:  Shrum, Kubin, Allen

Nays:  None

Resolution Declared Adopted.

Public Hearing-2012/2013 Budget Amendments.

 

Mayor Pro Tem Melissa Allen opened the Public Hearing on the 2012/2013 Budget Amendments at 7:40 a.m.

 

City Manager McConkie discussed the 2012/2013 Budget Amendments and requested members amend the current budget.

 

Public Comments.

 

None

 

There being no further Public Comments, Mayor Pro Tem Allen closed the Public Hearing at 7:42 a.m.

 

Resolution 2013-15 Amending the 2012-2013 Budget Amendments.

 

The following preamble and resolution was offered by Member Kubin, and supported by Member Shrum.

 

WHEREAS, the City Council adopted a proposed budget estimating revenues and expenditures for 2012-2013 fiscal year on June 5, 2012 as required by Chapter VII, Section 7 of the City Charter and Act 2, Michigan Public Acts of 1968, as amended, and

WHEREAS, during the fiscal year, certain unforeseen circumstances have arisen which has caused need to amend the budget, and

WHEREAS, the City Council in accordance with Act 621 Michigan Public Acts of 1978, as amended, has set the of date June 18, 2013 for a public hearing at 7:30 o'clock AM, or as soon thereafter as the agenda permits, to receive citizen comment on the proposed amended budget as presented herein.  A copy of the affidavit of publication of said public hearing is on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED, the City Council, after such hearing thereon and consideration thereof, does hereby adopt said amended budget as represented herein.

BE IT FURTHER RESOLVED, the City Manager is hereby authorized to transfer amounts between activities within a fund’s budget a sum not to exceed $ 20,000.

BE IT FURTHER RESOLVED, that the City Treasurer be authorized and directed to make such transfers between the various funds in accordance with the adoption of the budget as follows:

                                                              GENERAL FUND

 

REVENUES                                                               EXPENDITURES                                                                                           

Taxes                                $    653,675                        General Government              $     481,650

License & Permits                    14,500                        Public Safety                                 815,097

Federal Grants                           8,000                        Public Works                                 150,000

State Grants                           486,210                        Com. & Economic Development  111,150

Charge For Services               384,900                        Recreation & Culture                    151,675

Fines                                           3,500                        Debt Service                                      7,000

Interest and Rents                      6,000                        Other Financing Uses                    750,000

Other Revenues                       73,350                        To Fund Balance                           363,563

Other Financing Sources     1,200,000                       

From Fund Balance                          0                                                                                           

Total Revenues                 $2,830,135                        Total Expenditures                   $2,830,135

 

 

 

 

                                           CEMETERY PERPETUAL CARE FUND

REVENUES                                                                                                    EXPENDITURES                                                                    

 

State Grants                            $        0                        General Government                  $            0

Interest                                            65                        Other Financing Uses                               0

Other Revenues                         3,000

From Fund Balance                          0                        To Fund Balance                               3,065

Total Revenues                       $ 3,065                        Total Expenditures                      $    3,065

 

MAJOR STREET FUND

REVENUES                                                                                                    EXPENDITURES                                                                    

 

State Grants                       $  254,522                        Highways Streets & Bridges   $    348,280

Interest                                       3,000                        Other Financing Uses                               0

Other Revenues                       12,000                        To Fund Balance                                      0

Other Sources                                   0

From Fund Balance                 78,758                                                                                          

Total Revenues                  $  348,280                        Total Expenditures                  $    348,280

 

                                                         LOCAL STREET FUND

REVENUES                                                                                                    EXPENDITURES                                                                     

 

State Grants                      $     99,976                        Highways, Streets & Bridges $     149,265

Interest                                          150                        To Fund Balance                             10,861

Other Revenues                                0

Other financing Sources          60,000

From Fund Balance                          0                                   

Total Revenues                 $   160,126                        Total Expenditures                 $     160,126

 

DOWNTOWN DEVELOPMENT AUTHORITY

REVENUES                                                                                                    EXPENDITURES                                                                   

Taxes                                 $     38,470                        Community & Economic Dev. $      19,550               

Interest & Rents                         5,820                        Other Uses                                       16,740    

From Fund Balance                          0                        To Fund Balance                               8,000

                                                                                   

Total Revenues                 $     44,290                        Total Expenditures                  $      44,290

 

T.A. CUTLER MEMORIAL LIBRARY

REVENUES                                                                                                    EXPENDITURES                                                                   

Taxes                                 $     46,750                        Recreation & Culture                $ 119,873

State Grants                               4,750                        Other Uses                                      38,000

Contributions – Local Units      1,000                       

Charges for Services                  1,000                                                                                           

Fines & Forfeits                       84,500                                                                                           

Interest & Rents                         1,050                                                                                           

Other Revenues                         8,000                       

Other Sources                                   0

From Fund Balance                 10,823

Total Revenues                 $   157,873                        Total Expenditures                     $ 157,873

 

The vote on the foregoing resolution was as follows:

Ayes:  Kubin, Shrum, Allen                                                                   

Nays:  None                                                                                                                                   Absent: Church, Kelly             

Resolution declared adopted.

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “b” as shown below.

 

a.       2013 Report for Hazardous Waste Program – Receive.

b.      Correspondence from MAGNET – Receive.

 

Moved by Kubin, supported by Shrum, to approve Consent Agenda items “a” through “b.”  All ayes carried the motion.

 

New Business.

 

Resolution 2013-16 Resolution of Support for EconomicDevelopment andAgriculturalPromotion.

Don Schurr of Greater Gratiot stated Friends for Gratiot County are campaigning for support of the upcoming Election to fund Greater Gratiot and MSU Extension and are securing Resolutions of support from surrounding communities.

City Manager McConkie requested Council Members approve Resolution 2013-16. A Resolution of Support forEconomicDevelopment and AgriculturalPromotion.

The following preamble and resolution were offered by Kubin, supported Shrum:    

W

 

hereas, the future of the [Name of Municipality]City of St. Louis and the whole Gratiot community depends on Economic and Agricultural Development; and,

 

Whereas, Greater Gratiot Development has been responsible for creating an atmosphere of trust where local units of government have successfully collaborated on projects such as the Countywide Master Plan, the Gratiot Community Airport Authority, the Countywide GIS system, the passage of the county parks millage, the creation of the Gratiot Area Chamber of Commerce, the creation of the Gratiot Community Foundation, and the Gratiot County Brownfield Authority; and,

 

Whereas, Greater Gratiot Development has played a major role in attracting business and industry, as well as facilitating growth in Gratiot County with businesses such as Terry Materials, Merrill Fabricators, Cartridges Are Us, AGRO Culture Liquid Fertilizer, Plasti-Paint, Alpha Profile Extrusion, JerDen Plastics, sugar beet piling areas for Michigan Sugar, DuPont Pioneer Seed, Michigan Agricultural Commodities, JBT Grain, the two large wind farms – Gratiot Wind LLC and Beebe Community Wind,; and,

 

Whereas, Greater Gratiot Development has assisted many municipalities and businesses in securing financing for a wide variety of projects such as Gratiot Medical Center, Masonic Pathways, Alma Iron and Metal, , Integrity Fabrication, Precision Fabrication, as well as industrial park construction or expansion in the City of Alma, Village of Breckenridge, City of Ithaca, and City of St. Louis ; and,

 

Whereas, the agricultural economy is a major employer and backbone of our local economy by adding over $300 million worth of crops and animal production annually; and,

 

Whereas, the success of many of the retail establishments in AlmaSt. Louis depends upon the broad success of the agricultural sector; and,

 

Whereas, in the 2012-2013 program year, 545 youth were mentored in the Gratiot County 4-H Youth Development Program by over 110 volunteer leaders who contribute over $650,000 of in-kind support through their donated time and who engage youth in building marketable life skills, character and leadership abilities which will better prepare them to become competent, productive adults and future community leaders; and,

Whereas, Gratiot County 4-H offers age appropriate experiential learning opportunities for youth participants in numerous program areas including agriculture, shooting sports, environmental education, communication, civic engagement, animal husbandry, community service, urban youth programming, culinary and creative arts, and leadership; and,

Whereas, the economic health and the rural way of life in Gratiot County have been identified as top priorities by the Countywide Master Plan; and,

 

Whereas, the Gratiot County Board of Commissioners is asking voters to levy up to 0.5 mills for the purpose of economic development and agricultural promotion; and,

 

Whereas, a countywide millage is the fairest method of funding economic development and agricultural promotion;

 

Now, Therefore Be It Resolved that the [Name of Municipality Board]St. Louis City Council does hereby go on record as continuing its support of levying of up to 0.5 mills for the purpose of economic development and agricultural promotion   with public funding to be channeled through the Economic Development Corporation of the County of Gratiot to support Greater Gratiot Development and directly to Michigan State University Extension including the 4-H program.

 

Be It Further Resolved that this Resolution of Support be entered into the official minutes of the [Name of Municipality Board].St. Louis City Council.

AYES:  Kubin, Shrum, Allen

NAYS:  None

RESOLUTION DECLARED ADOPTED.

Request for Street Closures/Hospitality Tent for Blues Festival.

City Manager McConkie requested Council Members approve the Middle of the Mitten Association’s request to have a Hospitality Tent for the 4th of July Celebration to be held on Friday, July 5 and Saturday, July 6. Times will be from 1:00 p.m. to 1:00 a.m.

The Middle of the Mitten Association is also requesting approval for the following street closings:

200 block of North Mill from 5 a.m. Friday, July 5 for setup until Sunday, July 7 at 5 p.m. for teardown.  We may be able to get the removal done earlier, but wanted approval until 5 p.m. just in case.  Setup and teardown will involve City of St. Louis staff so it will be done properly. 

300 block of North Mill Street for carnival rides – setup and teardown time will coordinate with the Blues Festival block.  This setup will stay south of Frosty Cone so North Street and the Food Pride Parking lot can be accessible.  This block may need to be closed Thursday night, as the carnival will be moving over from Breckenridge’s celebration on the 4th of July.

Saginaw Street and Center Street will remain open at the North Mill Street so no east/west traffic will be blocked. 

 Moved by Shrum, supported by Kubin, to approve the request from the Middle of the Mitten Association for the 4th of July Celebration on Friday, July 5, 2013 and Saturday, July 6, 2013. All ayes carried the motion.

2011 Altec Digger Derrick Pole Truck.

City Manager McConkie stated the Electric Department Foreman is requesting approval to  purchase the Digger Derrick Pole Truck they have been testing out. 

Electric Department Foreman stated the company has added $10,000.00 worth of additional equipment for the purchase price of $240,000.00.

City Manager McConkie pointed out there is also an option to lease the truck but recommended members go ahead with the purchase.

Moved by Kubin, supported by Shrum, to approve the purchase of a 2011 Altec Digger Derrick Pole Truck from Altec, Inc. in the amount of $240,000.00.  All ayes carried the motion.

Fund Balance Designations.

City Manager McConkie stated the estimated Fund Balance hand out shows non-spendable, restricted, committed and assigned funds.

Discussion was held.

Moved by Kubin, supported by Shrum, to receive and place the Fund Balance Designations report on file.  All ayes carried the motion.

MPPA Full Requirements Study.

Public Services Director Giles requested Council Members approve the MPPA Full Requirements Study Agreement which would pool resources between nine MPPA members and simplifies MPPA’s purchase of power.

Moved by Shrum, supported by Kubin, to approve the MPPA Full Requirements Study in the amount of $7,920.00.  All ayes carried the motion.

City Manager Report.

City Manager McConkie requested a closed session at the end of the meeting for the evaluation of an employee at the employee’s request.

 

City Clerk Report.

 

None

 

Police Chief Report.

 

Chief Herblet stated he was involved in the POAM settlement and has never observed a union and an entity so professional and was very pleased with the process.

 

Chief Herblet stated he has one more full time employee to hire.  There are three part time officers filling in until August and he hopes to hire one of them full time.

 

City Council Comments.

 

Mayor Pro Tem Allen questioned when the hand railing at the dam is supposed to be installed. 

 

Public Services Director Giles stated the railings are currently being shop fabricated.

 

The Street closure signs on the corner of Seaman and Prospect were discussed.

  

Public Comments.

 

Dave Bacon, owner of Plasti-Paint described the Pollution Control Equipment being installed at 101 Woodside Drive, which is a $600,000.00 project.  The equipment will fulfill permit requirements with increased production.

 

Council Members thanked Mr. Bacon for continuing to invest in the community.

 

Don Schurr thanked the City of St. Louis for participating in the German Exchange Program.

 

Mayor Pro Tem requested a five minute recess prior to the closed session at 8:25 a.m.

 

Moved by Kubin, supported by Shrum to approve to go into closed session for the evaluation of an employee at the employee’s request at 8:30 a.m.

 

Roll Call Vote: 

Kubin, Shrum, Allen

All ayes carried the motion.

 

Moved by Kubin, supported by Shrum to return to open session at 8:48 a.m.

 

Roll Call Vote:

Kubin, Shrum, Allen

All ayes carried the motion.

 

Moved by Shrum, supported by Kubin, to adjourn the meeting at 8:51 a.m.  All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        July 2, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, July 2, 2013 at 7:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin,   William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

Police Chief:                           Pat Herblet

 

Others in Attendance:

Mark Abbott- DPW Superintendent, Kurt Giles-Public Services Director, Rosemary Horvath-Gratiot County Herald, Tom and Mary Reed-420 Essex, Honda-Joe Fuentes-322 North Street

           

Mayor Kelly led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of June 18, 2013.

 

Moved by Shrum, supported by Kubin, to approve the minutes of the Regular Meeting held on June 18, 2013.  All ayes carried the motion.

 

Closed Session Minutes of June 18, 2013.

 

Moved by Kubin, supported by Shrum, to approve the Closed Session Minutes of June 18, 2013.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Church, supported by Shrum, to approve the Claims & Accounts, in the amount of $655,920.72. 

 

Ayes:  Church, Shrum, Allen, Kelly

 

Nays:  None

 

Abstain:  Kubin

 

Motion Carried.

 

Monthly Minutes.

 

City Council discussed the June, 2013 Monthly Minutes.

 

Moved by Allen, supported by Shrum, to receive and place on file the June, 2013 Monthly Minutes.  All ayes carried the motion.

 

Public Information – City Hall/Police Department/Community Facility.

 

Mayor Kelly opened the Public Information meeting at 7:25 p.m. for discussion regarding the City Hall/Police Department/Community Facility.

 

City Manager McConkie stated a requirement by USDA is to hold a meeting to explain the New City Hall Project to the Public.

 

A notice was published in the Morning Sun newspaper, a newspaper of general circulation in the City of Saint Louis, on Saturday, June 22, 2013, to advise the public that the City Council would hold a Public Information Meeting for the purpose to inform the public and receive comments with regard to the proposed project to construct a City Hall/Police Department/Community Facility.   A copy of said notice is attached.

City Manager McConkie provided a history of the building site of the former 18,000 Square foot IGA grocery store.  The site is adjacent to the Pine River and other City facilities; the Community Swimming Pool and Electric Plant/Dam and is located in the 300 block of North Mill Street of downtown Saint Louis.

The City hired Spicer Group architect David Boersma, who has prepared three different proposed elevation drawings which were displayed at the City Hall lobby and at the public library for a couple of months during which time the Council solicited public comments as to the community’s preference before the Council took action to select the desired building appearance.  Renderings of the selected elevations and floor plan design were on display at the meeting.

City Manager McConkie advised the meeting participants of the $2,350,000 estimated cost of the project of which the City has already authorized contribution of existing City funds of $750,000.  The balance of the project is expected to come from the issuance of bonds in collaboration with USDA Rural Development.   Rural Development has invited full application for funding for the project.

Mayor Kelly asked if there were any comments from the public in attendance.

A question was asked regarding the disposition of the current City Hall building.  City Manager McConkie related that the City Council had not made any decisions with regard to the matter of what to do with the current City Hall.  Discussion between residents and Council ensued regarding the possibilities of uses for the land and/or current City Hall building.

 There being no further public comments, Mayor Kelly closed the Public Information Meeting at 7:38 p.m.

Consent Agenda.

 

City Manager McConkie requested that the City Council approve Consent Agenda items “a” through “f ” as shown below.

 

a.       Airport Authority Minutes – Receive.

b.      Correspondence Regarding Ordinance Suggestion – Receive.

c.       Correspondence from DEQ – Receive.

d.      Gratiot Water Authority Monthly Report – Receive.

e.       Payment to Spicer – Approve.

f.       Payment to North American Salt – Approve.

 

Moved by Shrum, supported by Church, to approve Consent Agenda items “a” through “f.”  All ayes carried the motion.

 

New Business.

 

Application for Federal Assistance and Authorization of Signatures.

City Manager McConkie requested Council approve the Application of Federal Assistance and Authorize the Mayor to execute the application on behalf of the City.

Moved by Shrum, supported by Kubin, to approve the Application for Federal Assistance and Authorize the Mayor to execute the application on behalf of the City. 

Roll Call Vote

Ayes:  Shrum, Kubin, Allen, Church, Kelly

Nays:  None

Motion Carried.

Resolution 2013-17 A Resolution Authorizing Notice of Intent to Issue Bonds for the New City Hall.

City Manager McConkie requested Council Members approve Resolution 2013-17 which authorizes Notice of Intent to issue bonds for the New City Hall Project.

The following preamble and resolution were offered by Member Shrum and supported by Member Church:

WHEREAS, the City of St. Louis, County of Gratiot, State of Michigan (the “City”), intends to issue general obligation limited tax bonds pursuant to Act 34, Public Acts of Michigan, 2001, as amended (“Act 34”), in an aggregate principal amount of not to exceed One Million Six Hundred Thousand Dollars ($1,600,000) (the “Bonds”) in one or more series for the purpose of paying part of the costs of acquiring, constructing, furnishing and equipping a city hall, police department and community facilities building, together with interests in land, site improvements, demolition, appurtenances and attachments thereto (the “Project”); and

WHEREAS, the City expects to sell the aforesaid bonds to the U. S. Department of Agriculture’s Rural Development program; and

WHEREAS, a notice of intent to issue the Bonds must be published before the issuance of the Bonds in order to comply with the requirements of Section 517 of Act 34; and

WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the bonds for any expenditures undertaken by the City for the Project prior to issuance of the bonds.

NOW, THEREFORE, BE IT RESOLVED THAT:

1.         The City Clerk is hereby authorized and directed to publish or cause to be published a notice of intent to issue Bonds in the Morning Sun, a newspaper of general circulation in the City.

2.         Said notice of intent shall be published as a display advertisement not less than one‑quarter (1/4) page in size in substantially the following form:

NOTICE TO TAXPAYERS AND ELECTORS OF THE

CITY OF ST. LOUIS OF INTENT TO ISSUE BONDS

AND THE RIGHT OF REFERENDUM RELATING THERETO

PLEASE TAKE NOTICE that the City of St. Louis, County of Gratiot, State of Michigan (the “City”), intends to issue and sell its general obligation limited tax bonds in one or more series pursuant to Act 34, Public Acts of Michigan, 2001, as amended, in an aggregate principal amount of not to exceed One Million Six Hundred Thousand Dollars ($1,600,000) for the purpose of paying part of the costs of acquiring, constructing, furnishing and equipping a city hall, police department and community facilities building, together with interests in land, site improvements, demolition, appurtenances and attachments thereto.

SOURCE OF PAYMENT OF BONDS

THE PRINCIPAL OF AND INTEREST ON SAID BONDS SHALL BE PAYABLE from the general funds of the City lawfully available for such purposes including property taxes levied within applicable constitutional, statutory and charter tax rate limitations. 

BOND DETAILS

SAID BONDS will be payable in annual installments not to exceed thirty (30) in number and will bear interest at a rate or rates to be determined at a private sale to the U.S. Government but in no event to exceed such rates as may be permitted by law on the balance of the bonds from time to time remaining unpaid. 

RIGHT OF REFERENDUM

THE BONDS WILL BE ISSUED WITHOUT A VOTE OF THE ELECTORS UNLESS A PETITION REQUESTING SUCH A VOTE SIGNED BY NOT LESS THAN 10% OF THE REGISTERED ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE CITY IS FILED WITH THE CITY CLERK WITHIN FORTY-FIVE (45) DAYS AFTER PUBLICATION OF THIS NOTICE.  IF SUCH PETITION IS FILED, THE BONDS MAY NOT BE ISSUED WITHOUT AN APPROVING VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS RESIDING WITHIN THE BOUNDARIES OF THE CITY VOTING THEREON.

THIS NOTICE is given pursuant to the requirements of Section 517, Act 34, Public Acts of Michigan, 2001, as amended.

3.         The City Council does hereby determine that the foregoing form of notice of intent to issue the Bonds and the manner of publication directed is the method best calculated to give notice to the City’s electors and taxpayers residing in the boundaries of the City of the City’s intent to issue the Bonds, the maximum amount of the Bonds, the purpose of the Bonds, the sources of payment for the Bonds and the right of referendum relating thereto, and the newspaper named for publication is hereby determined to reach the largest number of persons to whom the notice is directed.

4.         The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended:

a)                  As of the date hereof, the City reasonably expects to reimburse the City for the expenditures described in (b) below with proceeds of debt to be incurred by the City.

b)                  The expenditures described in this paragraph (b) are for the costs of acquiring and constructing the Project which were or will be paid subsequent to sixty (60) days prior to the date hereof.

c)                  The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $1,600,000.

d)                 A reimbursement allocation of the expenditures described in b) above with the proceeds of the borrowing described herein will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid.  A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the debt to be issued for the Project to reimburse the City for a capital expenditure made pursuant to this resolution.

5.         The City Council hereby retains Miller, Canfield, Paddock and Stone, P.L.C., as bond counsel in connection with the issuance of the Bonds.

6.         All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded.

AYES:   Shrum, Church, Kubin, Allen, Kelly

NAYS:  None

RESOLUTION DECLARED ADOPTED.

New City Hall Architect’s Agreement.

City Manager McConkie stated that approval is needed for USDA standards to enter into the AIA Standard Form Architect’s Agreement for Rural Development and authorize the Mayor to execute the agreement on behalf of the City.

Moved by Shrum, supported by Church, to approve to enter the AIA Standard Form Architect’s Agreement for Rural Development and authorize the Mayor to execute the Agreement on behalf of the City.  All ayes carried the motion.

Rehabilitation of Union Street Pump #3.

City Manager McConkie requested Council Members approve the rehabilitation of Union Street Pump by Kennedy Industries in the amount of $7,571.00. A new pump would cost approximately $30,000.00.

Moved by Kubin, supported by Shrum, to approve the rehabilitation of Union Street Pump #3 by Kennedy Industries in the amount of $7,571.00.  All ayes carried the motion.

MML Workers’ Compensation Fund Board of Trustees Election.

City Manager McConkie suggested Council Members elect the seven incumbent Trustees to the MML Workers’ Compensation Fund Board.

Moved by Allen, supported by Kubin, to elect the seven incumbent Trustees to the MML Workers’ Compensation Fund Board.  All ayes carried the motion.

Senate Bill 284 Discussion/ Public Act 95 of 2013 Home Heating Assistance. 

Public Services Director Kurt Giles stated Public Act 95 of 2013 Home Heating Assistance was signed July 1, 2013.  The Act offers energy assistance to low income customers.  The bill requires the City to collect up to $1.00 per month per meter and pay to the state starting October 1, 2013.

MMEA filed a request for extension until July 31st  to elect an opt out provision under the Act. The City could opt out of the program but would not be able to shut off any residential customer for non-payment during the heating season from November 1st to April 15th.

Public Services Director Giles recommended not to opt out of the program.

Discussion was held.

Moved by Church, supported by Shrum to not opt out of Public Act 95 of 2013.  All ayes carried the motion.

Legal Services Agreement with USDA and Authorization of Signatures.

City Manager McConkie requested Council approve the USDA Legal Services Agreement between the City and Fortino, Plaxton & Costanzo, P.C. and Authorize the Mayor and Clerk to execute the agreement.

Moved by Kubin, supported by Allen, to approve the USDA Legal Services Agreement between the City and Fortino, Plaxton & Costanzo, P.C. and Authorize the Mayor and Clerk to execute the agreement. 

Roll Call Vote

Ayes:  Kubin, Allen, Church, Shrum, Kelly

Nays:  None

Motion Carried.

Ordinance B-226 Amendment to Fireworks.

City Manager McConkie requested Council approve Ordinance B-226 amending Section 22-15 of the City of St. Louis Code of Ordinance as an emergency measure to restrict the use of Fireworks during certain hours on Federal Holidays.

Moved by Kubin, supported by Allen, to Approve Ordinance B-226.

THE CITY OF ST. LOUIS ORDAINS:

 

1.     Subsection (c) of Section 22-.15 of the City of St. Louis Code of Ordinances entitled

Fireworks, is hereby amended to read as follows:

 

(c) Use of Consumer fireworks, as defined in the Michigan Fireworks Safety Act, in the City of St. Louis is limited to the day before, the day of, the day after a federal holiday, and also upon a day designated by the City Council for observance of a federal holiday; provided, however, that no person shall ignite, discharge or use consumer fireworks within the city of St. Louis, between the hours of 1:00 am and 8:00 am on the day preceding, the day of, or the day after a federal holiday consistent with Public Act 65 of

2013. All such use is contingent on the following:

 

i.       Fireworks shall not be sold to a minor.

ii.  No person under the age of 18 years shall use, possess, explode or cause to explode any fireworks, as defined herein, within the City.

 

iii. No person under the age of 18 years shall buy, purchase, acquire or obtain any fireworks, as defined herein, within the City.

 

iv.  A person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization's or person's express permission.

 

v.   For purposes of this Ordinance, Federal Holidays are: New Year's Day, Birthday of Martin Luther King Jr., Washington's Birthday, Memorial Day, Independence Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas Day.

 

2.     Separable. The various parts, section and clauses of this Ordinance are hereby declared to be severable.  If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby.

 

3.   Ordinances Repealed.  All ordinance and/or parts of ordinances inconsistent with this ordinance are hereby repealed.

 

4.   This Ordinance shall take effect immediately, pursuant to Charter Section 5.14, for the reason that it is immediately necessary for the preservation of the public peace, health and safety.

 

Passed and approved by the City Council of the City of St. Louis, Michigan, in regular session, held July 2, 2013.

 

Roll Call Vote:  Kubin, Allen, Shrum, Church, Kelly

Ordinance Declared Adopted.

Police Chief’s Employment Agreement.

City Manager McConkie requested Council approve the Employment Agreement between the City of St. Louis and the Police Chief.

Manager McConkie stated it has been several years since the contract has been amended and the new contract only has a slight modification regarding residency.

Discussion was held regarding the Agreement.  Kubin and Allen indicated their only objection was due to removal of the residency provision.

Moved by Church, supported by Shrum, to approve the Police Chief’s Employment Agreement.

Roll Call Vote:

Yeas:  Church, Shrum, Kelly

Nays:  Allen, Kubin

Employment Agreement is approved.

Building Official’s Employment Agreement.

City Manager McConkie requested Council approve the Employment Agreement between the City of St. Louis and the Building Official.

Manager McConkie stated the current Agreement was approved in 2010 and with all the personnel changes in the department the Inspector has had increased work hours.

Moved by Church, supported by Shrum, to approve the Building Official’s Employment Agreement.

Roll Call Vote:

Ayes:  Church, Shrum, Allen, Kubin, Kelly.

Nays:  None

All Ayes carried the motion.

City Manager Report.

City Manager McConkie stated it has been a hectic couple of  weeks putting together all the  documents required for the USDA.

City Clerk Report.

 

City Clerk Mari Anne Ryder stated the Agenda for the MML Conference was given to members and will need to know which members are interested in attending.

 

All Council Members expressed interest in attending.

 

Police Chief Report.

 

Police Chief Herblet discussed the difficulty the Police Department is having in purchasing ammunition.

 

Police Chief informed Council Members he has hired Amy Velazco as the new Police Clerk/Office Manager and looks forward to a good tenure with her.

 

City Council Comments.

Council Member Church stated DPW is doing a good job with the street sweeper and in keeping the catch basins clean.

 

Superintendent Abbott thanked Council and stated the Department is trying to use the sweeper every chance they get. 

 

Superintendent Abbott commended his employees for the preparation work they performed on the sweeper when it was purchased.

 

Member Kubin inquired when brush pick up would be.  Superintendent Abbott stated the first full week of every month after the holiday.

 

Member Kubin stated he was contacted by a resident having recycle pick up problems.  Manager McConkie stated a meeting is already set up with the resident and the issue will be resolved.

 

Mayor Kelly stated the Mural on the side of the Variety Store looks great and the students did an outstanding job.

 

Mayor Kelly asked why the pool was closed for two days.  City Manager McConkie stated a pipe burst and drained the pool.

 

Public Comments.

 

None

 

Moved by Kubin, supported by Shrum, to adjourn the meeting at 8:34 p.m.  All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 

                                                                                                                        St. Louis, Michigan    

                                                                                                                        July 16, 2013

 

The regular meeting of the Saint Louis City Council was called to order by Mayor James C. Kelly on Tuesday, July 16, 2013 at 7:30 a.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, William E. Shrum

                                               

Council Members Absent:      None

 

City Manager:                         Robert F. McConkie

City Clerk:                              Mari Anne Ryder

 

Others in Attendance:

Kurt Giles-Public Services Director, Bobbi Marr-Finance Director, Mike Parsons-Electric Superintendent, Jon Rugenstien-Police Officer, Mark Abbott-DPW Superintendent, Dori Foster-Community Services Coordinator, Jeff Markstrom-Rowe Engineering, Tom Reed-Resident, Rosemary Horvath-Gratiot County Herald

           

Member Church led in the Pledge of Allegiance to the flag.

 

Minutes.

 

City Council discussed the Regular Meeting minutes of July 2, 2013. 

 

Council Member Kubin requested the minutes state that he and Member Allen were opposed to the Police Chief’s contract only due to the removal of the residency provision.

 

Correct the omission of Council Member Church under Members Present.

 

Moved by Shrum, supported by Church, to approve the minutes of the Regular Meeting held on July 2, 2013 with the above changes.  All ayes carried the motion.