City Council Minutes

 

January 2019

 

CITY COUNCIL PROCEEDINGS

 St. Louis, Michigan    
 January 2, 2019

 

The regular meeting of the Saint Louis City Council was called to order by Mayor Kelly on Wednesday, January 2, 2019 at 6:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor James C. Kelly, Melissa A. Allen, Jerry L. Church, George T. Kubin, Thomas L. Reed

                                               

Council Members Absent:      None

City Manager:                         Kurt Giles

City Clerk:                              Mari Anne Ryder

Police Sergeant:                      Kristi Forshee

 

Others in Attendance:

 

Keith Risdon – Public Services Director, Mark Abbott – DPW Superintendent, Brian Henderson – Water Department, Ralph Echtinaw – St. Louis Sentinel, Rosemary Horvath – Gratiot County Herald

 

Member Church led the Pledge of Allegiance to the Flag.

 

City Council Minutes.

 

Moved by Reed, supported by Allen, to approve the minutes of the Work Session Meeting held on December 18, 2018.  All ayes carried the motion.

 

Moved by Allen, supported by Reed, to approve the minutes of the Regular Meeting held on December 18, 2018.  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 $289,284.02.  All ayes carried the motion.

 

Monthly Board Minutes.

 

City Council discussed the December, 2018 Monthly Board Minutes.

 

Moved by Kubin, supported by Church, to receive the December, 2018 Monthly Board Minutes and place on file.  All ayes carried the motion.

  

Audience Recognition.

 

None.

 

Consent Agenda.

 

Mayor Kelly requested approval/receipt of Consent Agenda items “a” through “c” as shown below:

a.       Payment to T.H. Eifert for WWTP Piping Alterations.

b.      Payment to Parkson for Fine Screen Unit Rebuild.

c.       Payment to Berthiaume & Co. for Audit for Year End 2018.

 

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

 

Recess Council Meeting.

 

Mayor Kelly recessed the Council Meeting at 6:09 p.m. 

 

Cemetery Board of Trustees Meeting – Call to Order.

 

Mayor Kelly called the Oak Grove Cemetery Board of Trustees Meeting to order at 6:09 p.m.

 

Cemetery Board Minutes.

 

Moved by Trustee Allen, supported by Trustee Church, to approve the minutes of the regular meeting held on Tuesday, January 8, 2018.  All ayes carried the motion.

 

Financials.

 

Moved by Trustee Reed, supported by Trustee Kubin, to receive the Financial Reports through December 31, 2018 and place on file.  All ayes carried the motion.

 

Annual Report.

 

The Annual 2018 Oak Grove Cemetery Report was reviewed by the Board of Trustees.

 

Moved by Trustee Reed, supported by Trustee Church, to receive the 2018 Annual Oak Grove Cemetery Report and place on file.  All ayes carried the motion.

 

Other Business.

 

None.

 

Public Comments.

 

None.

 

Manager Giles stated the Cemetery Committee is scheduled to meet on January 9th.

 

Adjournment.

 

Moved by Trustee Kubin, supported by Trustee Church, to adjourn the Oak Grove Cemetery Board of Trustees meeting at 6:14 p.m.  All ayes carried the motion.

 

Reconvene City Council Meeting.

                                                

Mayor Kelly reconvened the City Council Meeting at 6:14 p.m. 

 

New Business.

 

Appointment of City Board and Commission Members.

 

Moved by Allen, supported by Reed, to appoint the following Board & Commission Members: 

 

Jim Kelly                                            Board of Review                             Vacancies

Sue Whitford                                      Board of Review                     1-Housing Commission

                                                            Board of Spec. Asses.             1-Parks Commission  

                                                            Zoning Brd. Of Appeals         1-Zoning Board of Appeals   

Bill Leonard                                       Board of Special Asses.          1-Library Board

                                                            Board of Review

                                                            Housing Commission

Don Kelley                                         Board of Review        

Tom Reed                                           Board of Review

Jerry Church                                       Cemetery                    

Mary Peterman                                   DDA Board                                       

Carla McDaid                                     DDA Board

George Kubin                                     DDA Board

Holly Harris                                        Library Board            

Mary Reed                                          Parks & Rec.

Dorothy Trgina                                   Parks & Rec.                                                  

Kevin Palmer                                      Planning Commission

Amanda Kelly                                    Planning Commission

 

All ayes carried the motion.

 

Approve Designation of City Official Newspapers.

 

City Manager Giles requested City Council Members designate the Gratiot County Herald and the Morning Sun as the City’s Official Newspapers for the Year 2019.

 

Moved by Allen, supported by Church, to designate the Gratiot County Herald and the Morning Sun as the City’s Official Newspapers for the Year 2019.  All ayes carried the motion.

 

Approve Designation of Official Depositories for City Funds.

 

City Manager Giles requested City Council Members designate St. Louis Chemical Bank & Trust, St. Louis Commercial Bank, Mercantile Bank of Alma/Ithaca, US Bank of Detroit, First of America Bank of Detroit, Isabella Bank & Trust of Breckenridge, Michigan CLASS and Huntington Banks as Official Depositories for City Funds for the Year 2019. 

 

Moved by Kubin, supported by Allen, to designate St. Louis Chemical Bank & Trust, St. Louis Commercial Bank, Mercantile Bank of Alma/Ithaca, US Bank of Detroit, First of America Bank of Detroit, Isabella Bank & Trust of Breckenridge, Michigan CLASS and Huntington Bank as Official Depositories for City Funds for the Year 2019.  All ayes carried the motion.

 

Appointment to Gratiot Area Water Authority (GAWA) Board of Trustees.

 

Manager Giles requested Council Members re-appoint Tom Reed to the GAWA Board of Trustees for a term of two years (2019/2020).

 

Moved by Allen, supported by Church, to re-appoint Tom Reed to the GAWA Board of Trustees for a term of two years.  All ayes carried the motion.

 

Resolution 2019-01 Annual State Trunkline Right of Way Permit.

 

City Manager Giles requested Council Members adopt Resolution 2019-01 for the Michigan Department of Transportation State Trunkline Right of Way Permit Application.

 

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

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 Highway Right of Way'', or an ''Annual Application and Permit for Miscellaneous Operations within State Highway Right of Way''.

RESOLVED WHEREAS, the City of St. Louis

hereinafter referred to as the “'GOVERNMENTAL AGENCY,'' 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 Highway 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 AGENCY agrees that:

1.      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, 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.

 

2.      If any of the work performed for the GOVERNMENTAL AGENCY is performed by a contractor, the GOVERNMENTAL AGENCY shall require its contractor to hold harmless, indemnify and defend in litigation, the State of Michigan, the DEPARTMENT and their agents and employee’s, against any claims for damages to public or private property and for injuries to person arising out of the performance of the work, except for claims that result from the sole negligence or willful act of the DEPARTMENT, until the contractor achieves final acceptance of the GOVERNMENTAL AGENCY.  Failure of the GOVERNMENTAL AGENCY to require its contractor to indemnify the DEPARTMENT, as set forth above, shall be considered a breach of its duties to DEPARTMENT.

 

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

 

4.      The GOVERNMENTAL AGENCY 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.

 

5.      The GOVERNMENTAL AGENCY, will, by its own volition and/or request by the DEPARTMENT, promptly restore and/or correct physical or operating damages to any State Highway Right of Way resulting from the installation construction, operation and/or maintenance of the GOVERNMENTAL AGENCY’S facilities according to the PERMIT issued by the DEPARTMENT.

 

6.      With respect to any activities authorized by PERMIT, when the GOVERNMENTAL AGENCY 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.

 

7.      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. 

 

8.      This resolution shall continue in force from this date until cancelled by the GOVERNMENTAL AGENCY 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 AGENCY 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 DEPARTMENT for the necessary permit to work within State Highway Right of Way on behalf of the GOVERNMENTAL AGENCY.

Name:                                                                                     Title:

­­­­­­­­­­­Kurt Giles                                                                                City Manager

Keith Risdon                                                                           Utilities Director

 

Ayes:  Allen, Kubin, Church, Reed, Kelly  

Nays:  None

 

Resolution Declared Adopted this 2nd day of January, 2019.

 

Letter of Authorization to Purchase Power.

 

Manager Giles requested members approve the Purchase of Power through MPPA for planning year June 1, 2020 to May 31, 2021 in the maximum commitment amount of $15,000.00.

 

Discussion was held.

 

Moved by Church, supported by Reed, to approve the Letter of Authorization in the maximum commitment amount of $15,000.00.  All ayes carried the motion.

 

Shed Repairs at DPW.

 

Manager Giles requested members approve repairs to the DPW Shed by C & D Builders in the amount of $9,945.00.

 

Discussion was held.

 

Moved by Allen, supported by Church, to approve DPW shed repairs by C & D Builders in the amount not to exceed $10,000.00.  All ayes carried the motion.

 

Cash Rent Contract.

 

Manager Giles requested approval of the Cash Rent Contract between the City of St. Louis and Gadde Farms, which allows Gadde Farms to rent the 75 tillable acres owned by the City that is located in Section 4 of Arcada Township in the amount of $9,260.00 for the 2019 growing season.

 

Discussion was held.

 

Moved by Reed, supported by Allen, to approve the Cash Rent Contract between the City of St. Louis and Gadde Farms in the amount of $9,260.00.  All ayes carried the motion.

 

Environmental Assessment Proposal.

 

Manager Giles requested members approve the Proposal from AKT Environmental for Assessment at 220 West Washington (the former Clark Station) in the amount of $26,000.00 which will be reimbursed by grant funds.

 

Discussion was held. 

 

Moved by Kubin, supported by Allen, to approve the proposal from AKT Peerless for Environmental Assessment at the former gas station in the amount of $26,000.00.  All ayes carried the motion.

 

City Manager Report.

 

None.

 

City Clerk Report.

 

None.

 

Police Chief Report.

 

None.

 

Council Comments.

 

Discussion was held regarding the review of the Cemetery Rules, the condition of the sign the rules are posted on and the condition of the gate at the Cemetery entrance.  

 

Member Allen inquired of the following:

Service animals, City volunteers, appreciation dinner, receiving a list of board members and the possibility of including routine organizational items to the Consent Agenda on January meeting Agendas.

 

Mayor Kelly inquired on the appointment of a Mayor Pro Tem.  Melissa Allen remains Mayor Pro Tem until the next City Election.

 

Members thanked Water Department Operator Brian Henderson for attending the meeting.

 

Public Comments.

 

None.

 

Adjournment.

 

Moved by Church, supported by Reed, to adjourn at 6:50 p.m.   All ayes carried the motion.

 

Mari Anne Ryder, City Clerk
 

CITY COUNCIL PROCEEDINGS

 St. Louis, Michigan    
 January 15, 2019

 

The regular meeting of the Saint Louis City Council was called to order by Mayor Pro Tem Allen on Tuesday, January 15, 2019 at 6:00 p.m. in the City Hall Council Chambers.

 

Council Members Present:      Mayor Pro Tem Melissa A. Allen, Jerry L. Church, George T. Kubin, Thomas L. Reed

                                               

Council Members Absent:      Mayor James C. Kelly
 

City Manager:                         Kurt Giles

City Clerk:                              Mari Anne Ryder

Police Chief:                           Richard Ramereiz

 

Others in Attendance:

 

Keith Risdon – Public Services Director, Mark Abbott – DPW Superintendent, Bobbie Marr – Finance Director, Phil Hansen – DDA Director, Ryan Smith – Gemini Capital Management, Ken Berthiaume – Berthiaume & Company, Ralph Echtinaw – St. Louis Sentinel, Meredith St. Henry – Gratiot County Herald

 

Member Church led the Pledge of Allegiance to the Flag.

 

City Council Minutes.

 

Moved by Kubin, supported by Reed, to approve the minutes of the Regular Meeting held on January 2, 2019 with the changing of 2018 to 2019 on page 4.  All ayes carried the motion.

 

Claims & Accounts.

 

City Council discussed the Claims & Accounts.

 

Moved by Church, supported by Kubin, to approve the Claims & Accounts in the amount of $329,646.19.  All ayes carried the motion.

 

Financial Statements.

 

Moved by Kubin, supported by Reed, to receive the Financial Statements ending December 31, 2018 and place on file.

 

Monthly Reports.

 

City Council discussed the December, 2018 Monthly Reports.

 

Moved by Reed, supported by Kubin, to receive the December, 2018 Monthly Reports and place on file.  All ayes carried the motion.

 

Public Hearing – OPRA at 131 & 133 North Mill Street.

 

Mayor Pro Tem Allen opened the Public Hearing at 6:07 p.m.

 

Manager Giles stated Gemini Property Management submitted a request to establish an Obsolete Property Rehabilitation Act (OPRA) District at 131 and 133 North Mill Street, which will be known at District No. 2019-01.  Gemini Property Management will then submit a request for an Exemption Certificate Application to City Council. 

 

Discussion was held.

 

Public Comments.

 

There were none.

 

Mayor Pro Tem Allen closed the Public Hearing at 6:19 p.m.

 

Resolution 2019-02 Establishing Obsolete Property Rehabilitation Act (OPRA) District For Gemini Capital Management, Inc.

 

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

 

WHEREAS, pursuant to Act No. 146 of the Public Acts of 2000, the City Council for the City of St. Louis has the authority to establish “Obsolete Property Rehabilitation Act District” within the City of St. Louis; and

 

WHEREAS, Gemini Property Management, Inc. has filed a written request with the clerk of the City of St. Louis requesting the establishment of an Obsolete Property Rehabilitation Act District on its property located in the City of St. Louis hereinafter described; and  

 

WHEREAS, the City Council of the City of St. Louis sets forth a finding and determination that the district meets the requirements set forth in section 3(1) of Public Acts 146 of 2000; and

 

WHEREAS, written notice has been given by mail to all owners of real property located within the proposed district, and to the public by newspaper advertisement in the Morning Son Newspaper and/or public posting of the hearing on the establishment of the proposed district; and

 

WHERAS, on January 15, 2019 a public hearing was held and all residents and taxpayers of the City of St. Louis were afforded an opportunity to be heard thereon; and

 

WHEREAS, the City Council deems it to be in the public interest of the City of St. Louis to establish the Obsolete Property Rehabilitation Act District as proposed;

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis that the following described parcel of land situated in the City of St. Louis, County of Gratiot, State of Michigan, to wit:

 

131 N Mill St Parcel # 29-53-010-126-00

 

WD L 621 P 1409 N 37 FT OF S 40 FT 7 IN OF LOT 11, BLOCK 34, CITY OF ST LOUIS.

 

133 N Mill ST Parcel #29-53-010-127-00

 

WD L 621 P 1409 COM AT A PT 7 FT 6 IN S OF NE COR OF LOT 11, TH W 55 FT 2 IN, S 4 FT 6 IN, W 109 FT 10 IN, S 14 FT, E 165 FT, N 18 FT 6 IN TO BEG, BEING PART OF LOT 11, BLOCK 34, CITY OF ST LOUIS

 

be and here is established as an Obsolete Property Rehabilitation Act District pursuant to the provision of Act No. 146 of the Public Acts of 2000 to be known as 131 & 133 North Mill Street Obsolete Property Rehabilitation Act District No. 2019-01.

 

AYES:       Church, Reed, Kubin, Allen

 

NAYES:    None

 

ABSENT:  Kelly

 

RESOLUTION DECLARED ADOPTED.

 

2017/2018 Year End Audit Presentation – Ken Berthiaume, Berthiaume and Company.

 

Mr. Berthiaume explained the audit process and stated there were no significant findings and the City is in full compliance with all State requirements.

 

The City was given a status of Unmodified Opinion, which is the best finding that is given.

 

Mr. Berthiaume reviewed the various accounts with City Council Members.

 

Discussion was held.

 

Moved by Reed, supported by Kubin, to receive the Audit ending June 30, 2018 and the Single Audit and place on file.  All ayes carried the motion.

 

Council Members commended Bobbie Marr and staff for doing a great job.

 

Audience Recognition.

 

None.
 

Consent Agenda.

 

Mayor Pro Tem Allen requested approval/receipt of Consent Agenda items “a” through “c” as shown below:

a.       Payment to Etna for Sensus Annual Hosting Fee.

b.      Payment to UFS for Electric Rate Study.

c.       Payment to MMEA for 2019 Annual Dues.

 

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

 

New Business.

 

Commitment of funds for Small Urban Grant Project.

 

City Manager Giles stated MDOT is requesting a letter from the City for approval of the commitment of funds in the amount of $375,000.00 as the Local Match for the City’s Small Urban Grant Project for the reconstruction of West State from Michigan Avenue to Main Street in Fiscal Year 2021.

 

Manager Giles requested members approve the commitment of funds and authorize the City Manager to execute the letter of approval.

 

Discussion was held.

 

Moved by Kubin, supported by Church, to approve to designate $375,000.00 as the Local Match for the City’s Small Urban Grant Project for the reconstruction of West State from Michigan Avenue to Main Street in Fiscal Year 2021 and authorize the City Manager to execute the letter of approval.

 

Change March 19th Council Meeting Time.

 

Manager Giles requested members change the March 19th Council Meeting start time to 8:00 a.m. due the members attending the MML Conference.

 

Moved by Kubin, supported by Church, to change the March 19th Council Meeting start time to 8:00 a.m.  All ayes carried the motion.

 

Letter Agreement for Professional Services for Primary Clarifier Bypass Construction Administration.

 

Manager Giles requested Council Members approve the Letter Agreement for Professional Services for Primary Clarifier Bypass Construction Administration by Spicer Group in the amount of $25,000.00.

 

Discussion was held.
 

Moved by Reed, supported by Kubin, to approve the Letter Agreement for Professional Services for Primary Clarifier Bypass Construction Administration by Spicer Group in the amount of $25,000.00.  All ayes carried the motion.

 

Appointment of Cemetery Committee Member.

 

Manager Giles stated Donald Dean delivered a letter expressing interest in serving on the Cemetery Committee.  He also attended the January 9th Committee meeting.  Manager Giles recommended his appointment.

 

Moved by Church, supported by Kubin, to approve the appointment of Donald Dean to the Cemetery Committee.  All ayes carried the motion.

 

City Manager Report.

 

Manager Giles informed members of the following:

 

Discussions have taken place with water customers impacted by the higher surcharge.  Also, the existing Dial-a-Ride Agreement is being discussed.

 

Discussion was held regarding the LIEN Audit.

 

Chief Ramereiz reviewed the audit with Council Members.

 

City Clerk Report.

 

None.

 

Police Chief Report.

 

None.

 

Council Comments.

 

Discussion took place regarding service animals.  Chief Ramereiz has been reviewing the rules and the resident that has a service animal is getting the required documents.

 

Public Comments.

 

None.

 

Adjournment.

 

Mayor Pro Tem Allen adjourned the meeting at 7:10 p.m.   All ayes carried the motion.

 

Mari Anne Ryder, City Clerk

 

   
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