City Council Meeting

City Manager's Report - December 5, 2023 Annual Leaf Pick Up: Leaf vacuuming has concluded for the season with DPW completing two complete rounds of the entire city. 1Jo11ieo A. {Jo1sto1160111, Oity Ma11a110, (B) Lawful activitv means that for which the structure was built or intended to be used. No building shall be used primarily for storage of personal or business items, unless such use has been previously approved by the City. (C) Owner means any person, agent, firm, partnership or corporation having a legal interest in the property. (0) Secured means all accessible means of ingress and egress to the abandoned and/or vacant structure, including but not limited to all exterior doorways and windows being locked so as to prevent unauthorized entry. (E) Structure means that which is built or constructed. (F) Temporarily secured means all accessible means of ingress and egress to the abandoned and/or vacant structure, including but not limited to all exterior doorways and windows are covered with plywood (or other appropriate material) that has been nailed or bolted in place so as to prevent unauthorized entry. (G) Vacant means not occupied by a human or used for any purpose by a person. Section 18-123. Applicability and Administration. (A) This ordinance shall apply to all abandoned and/or vacant structures, as defined herein, which are now in existence or which may hereafter be constructed or converted from other uses. (8) The City Manager or his/her designee is authorized to administer and enforce the provisions of this ordinance. Section 18-124. Registration of Abandoned and Vacant Properties Required. (A) The abandoned and/or vacant structure property owner shall have thirty (30) days in which to register from the date written notice is issued to the property owner. Written notice shall be issued to the abandoned and/or vacant structure property owner by means of personal service; or alternatively, by first class mail to his/her last known address. (8) Upon the issuance of notice by the city to register an abandoned and/or vacant property, and prior to the issuance of a certificate of registration for any abandoned and/or vacant building, owner shall register with the City Manager or his/her designee and provide the following information: (1) The address and legal description of the property. (2) The current name, physical address, mailing address, telephone number and email information for any owner(s) with an ownership interest in the property. Corporations or corporate entities shall submit the same information pertaining to their registered agent. (3) Proof of identification of owner. (4) The contact information for a local manager of the properties and/or improvements located on said property, as applicable. (5) A written comprehensive plan of action detailing a timeline for correcting violations, Members voting no: None The Ordinance was declared adopted by the Mayor and has been recorded in the Ordinance Book of the City of Algonac. Lisa M. Borgacz, City Clerk City of Algonac, Michigan INTRODUCED: November 21, 2023 ADOPTED: December 5, 2023 PUBLISHED: December 13, 2023 EFFECTIVE: December 13, 2023  CITY OF ALGONAC ST. CLAIR COUNTY, MICHIGAN RESOLUTION NO. 23-25 A RESOLUTION ESTABLISHING ANNUAL REGISTRATION AND INSPECTION FEES FOR ABANDONED OR VACANT STRUCTURES. WHEREAS, on December 5, 2023, the City of Algonac adopted Ordinance 23-25, amending Section 18 "Environment" of the City Code to add Article VII "Vacant Buildings;" and WHEREAS, the purpose of said Ordinance is to require registration of all abandoned or vacant structures and the payment of registration and inspection fees to assist the City in protecting the health, safety, and welfare of its residents; and to monitor and assess the effects of said structures on nearby businesses and neighborhoods; on fire safety and crime; and to promote efforts to rehabilitate those structures; and WHEREAS, said Ordinance authorizes the City Council to establish annual registration and inspection fees and charges by resolution; and WHEREAS, the City Council has determined that the following annual registration and inspection fees and charges are reasonable and proper. NOW, THEREFORE, BE IT RESOLVED, that the following Annual Registration and Inspection Fees are hereby established pursuant to the provisions of City Code Section 18.120, et seq.: Abandoned or Vacant less than 1 year: $0 Abandoned or Vacant 1 year or more $500 BE IT FURTHER RESOLVED, that said registration and inspection fees and charges shall become effective upon adoption by the City Council, and that no fees shall be due for any abandoned/vacant period prior to the effective date. RESOLUTION DECLARED ADOPTED. Rocky B. Gillis, Mayor City of Algonac, Michigan CERTIFICATION The foregoing is a true and complete copy of a Resolution adopted by the City Council in the City of Algonac, St. Clair County, Michigan at a regular meeting held on the 5th day of December 2023. Public Notice of the meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of 1976, and the Minutes of said meeting were kept and will be or have been made available as required by said Act. Members Present: Bembas, Blair, Carter, Davey, Gillis. Harris, Martin  Item No: lle Meeting: 12.5.2023 Business of the Algonac City Council Agenda Statement Item Title: To Receive Petitions to repeal Ordinance Division 5-Marihuana, Sec. 26-295 - "Prohibition of Marihuana Establishments" and approve an ordinance to allow one (1) marihuana dispensary. Submitted by: Denice A. Gerstenberg, City Manager Summary On November 13, 2023, local proposal petitions were submitted to the City Clerk requesting the following: "To repeal the City of Algonac's Ordinance "Division 5-Marihuana, Sec. 26-295 Prohibition of Marihuana Establishments" and approve an ordinance to allow one (1) marihuana dispensary, licensed with the State of Michigan as a provisioning center offering both medical and recreational marihuana, to be located in a commercially zoned district within the boundaries of the City of Algonac." The City Clerk has verified that the petitions submitted contain 353 valid signatures, which meets the minimum signatures required. Consequently, in accordance with City Charter Section 7.10 the petitions are to be presented to City Council at their next regular meeting, and City Council will have 30 days to do one of the following: 1. Adopt the ordinance as submitted by an initiatory petition. 2. Repeal the ordinance, or part thereof, referred to by a referendary petition; or 3. Determine to submit the proposal provided for in the petition to the electors. If City Council were to choose option 1 or 2, the next step would be to have the city attorney draft a new zoning ordinance. The ordinance would first go to the Planning Commission for review and a recommendation to City Council. No public hearing is required. The Planning Commission recommendation is then introduced at the first City Council meeting and adopted or denied at the second council meeting. If City Council were to choose option 3, the proposal would be submitted to the electors to decide at the next scheduled election on Tuesday, February 27, 2024. If the proposal failed, no further action is needed by the City Council. If the proposal is approved, the next step would be to have the city attorney draft a new zoning ordinance and follow the same procedure noted above. Proposal language is due to the County Clerk no later than December 5, 2023. Suggested Action: MOVED BY: SUPPORTED BY: RESOLVED, to submit the proposal provided for in the petition to the electors to decide at the next scheduled election on Tuesday, February 27, 2024. APPROVED/Denied  Item No: llf Meeting: 12.5.2023 Business of the Algonac City Council Agenda Statement Item Title: To approve Southwater Municipal Utility Authority Temporary Board Appointments. Submitted By: Lisa Borgacz, City Clerk Summary Per the Southwater Municipal Utility Authority Articles of Incorporation, which was approved by City Council on October 3, 2023, the City of Algonac, and Clay and Ira Townships are required to form a Board to oversee the administration of the Authority. The Authority Board shall consist of three (3) trustees, one (1) of whom shall be appointed by the City Council of the City of Algonac; one (1) of whom shall be appointed by the Township Board of Clay; and one (1) of whom shall be appointed by the Township Board of Ira. Each Constituent Municipality may appoint a second, alternate member to act in the absence of the member first appointed. Except for the first appointments, each member of the Authority Board shall serve for a term of three (3) years, or until his or her successor is appointed and assumes office. For the first appointments, the member(s) initially appointed by the City of Algonac shall be appointed for a term of three (3) years; the member(s) initially appointed by Clay Township shall be appointed for a term of two (2) years; and the member(s) initially appointed by Ira Township shall be appointed for a term of one (1) year. The existence of the Authority is expected to be official as of January 1, 2024. However, the employees will still be under a union contract with the County and the County will still be providing administrative support until the Authority engages personnel to do so. Therefore, until everything is up and running, Algonac, Clay and Ira administrators are suggesting that each community temporarily appoint one board member and one alternate until July 1, 2024, at which time permanent board members will be appointed. Suggested Action: MOVED BY: SUPPORTED BY: RESOLVED, to appoint Denice Gerstenberg, City Manager, as board member and Alysia Bugg, City Treasurer, as alternate. to the Southwater Municipal Utility Authority Board until July 1, 2024. APPROVED/Denied  Item No: 12 Meeting: 12.5.2023 Business of the Algonac City Council Agenda Statement Item Title: To approve accounts payable and payroll in the amount of $150,575.92. Submitted by: Alysia Bugg, City Treasurer Summary Attached are the bills and payroll for city council review. Suggested Action: MOVED BY: SUPPORTED BY: RESOLVED, to approve accounts payable and payroll in the amount of $150,575.92. APPROVED/Denied  Item No: 15 Meeting: 12.5.2023 Business of the Algonac City Council Agenda Statement Item Title: Request to enter Closed Session as permitted by State Statute 15.268 Section 8(h) to consider attorney-client privileged correspondence. Submitted by: Lisa Borgacz, City Clerk Summary There are several permissible purposes for local governments to meet in closed session, in accordance with the Michigan Open Meetings Act, PA 267 of 1976, including State Statute 15.268, Section 8 (h) to consider material exempt from discussion or disclosure by state or federal statute including attorney-client privileged correspondence. Two motions are required: one to enter closed session, and one to adjourn closed session once discussion has concluded. Suggested Action to Enter Closed Session: MOVED BY: SUPPORTED BY: RESOLVED, to enter Closed Session as permitted by State Statute 15.268, Section 8(h) to consider attorney-client privileged correspondence. APPROVED/Denied Suggested Action to Adjourn Closed Session: MOVED BY: SUPPORTED BY: RESOLVED, to adjourn Closed Session and return to open session of the meeting. APPROVED/Denied