City Council

APPROVED 09/02/2014 REGULAR MEETING MINUTES AUGUST 18, 2014 THE REGULAR MEETING OF THE RICHMOND CITY COUNCIL WAS CALLED TO ORDER AT 7:02 P.M., ON MONDAY, AUGUST 18, 2014, BY MAYOR RIX. ROLL CALL Present: Goodar, Greene, Misteravich, Rix, Yaroch Absent: LaFore, Schultz Others: City Manager Moore, City Clerk Stagl Visitors: Police Chief Teske, City Planner Jeschke, Jill Albin, Dan Hill, School Superintendent Brian Walmsley, DPS Director Goetzinger, EMS Director White, Marilyn Frank, George Frank, Dianna Maniaci, Edward Yurich, Michael Maniaci Motion by Goodar, seconded by Greene, to excuse Councilor LaFore and Mayor Pro- Tem Schultz from tonight’s meeting, due to being out of town. All yeas Motion passes APPROVAL OF MINUTES Motion by Yaroch, seconded by Greene, to approve the minutes of the August 4, 2014, regular meeting, as presented. All yeas Motion passes Motion by Yaroch, seconded by Greene, to approve the minutes of the August 4, 2014, special quarterly roundtable, as amended: Pg. 1, under City Hall Plans, last line should read: Council not comfortable with the lay out of Council table. Would like the layout Want it more like the existing City Hall for security reasons. Pg. 4, under Cemetery Annexation, last line should read: Consensus of Council is yes on the annexation of the Cemetery and no to the Township getting the resident rates, due to the fact that the City currently subsidizes the cemetery and cannot afford to further subsidize it. CCM: 08/18/2014 Page 1 of 8  APPROVED 09/02/2014 All yeas Motion passes AUDIENCE PARTICIPATION Richmond School Board Member Dan Hill introduced the new school superintendent, Brian Walmsley to City Council. Mr. Walmsley was very anxious to begin the new school year. Looking forward to the partnerships with the City. ADOPTION OF AGENDA Motion by Yaroch, seconded by Goodar, to adopt the agenda as amended: Remove Item #5 – Consideration of Special Event Request/Second Chance Network All yeas Motion passes CONSENT AGENDA a) Receive and File DPW Activity Report for July 2014 b) Receive and File City Clerk’s Activity Report for July 2014 c) Receive and File City Planner’s Activity Report for July 2014 d) Receive and File Code Enforcement Activity Report for July 2014 e) Receive and File Parks and Recreation Activity Report for July 2014 f) Receive and File Library Activity Report for July 2014 g) Receive and File Water Well Report for July 2014 h) Receive and File Police Department Statistics for July 2014 i) Receive and File Offense Count Report for July 2014 j) Receive and File Arrest Code County Report for July 2014 k) Receive and File Traffic Accident Report for July 2014 l) Receive and File Macomb County Accident Tabulation for May 2014 m) Receive and File Burn Permit Report for July 2014 n) Receive and File Channel Statistical Analysis Report for July 2014 o) Receive and File Cable Television Department Activity Report p) Receive and File July 23, 2014, Tax Increment Finance Authority Meeting Minutes q) Approval of August 14, 2014, Schedule of Bills in the amount of $ 150,312.11 Motion by Yaroch, seconded by Misteravich, to adopt the Consent Agenda as presented. CCM: 08/18/2014 Page 2 of 8  APPROVED 09/02/2014 All yeas Motion passes PUBLIC HEARING None scheduled. ITEMS FOR CONSIDERATION 1. Consideration of Request to Keep Chickens/69894 Beebe/Olivia Chambers The applicant was requesting Council approval to keep six (6) egg-laying chickens on property located at 69894 Beebe Street. The property is located adjacent to the southeast corner of Beebe Street and Madison Street. The properties to the north, east, south and west are all single family residences. The City’s Code of Ordinances prohibits the keeping of farm animals within the City, except by permission of the City Council. Motion by Greene, seconded by Misteravich, to deny the petition from Olivia Chamber to keep up to 6 chickens on the property. Discussion on motion: Ed Yurich, spoke on behalf of Olivia chambers. He indicated that this lot was larger and his daughter wants to keep the chickens for the fresh eggs and meat. Councilors expressed concern with the location of this property within the City. The previous requests that had been approved were for lots that were larger and on the edge of the City. Some Councilors were against allowing farm animals within the city limits. It was also expressed that possibly a privacy fence would help to screen the chickens from the adjacent property owners. The applicant was informed that if the request was denied, the applicant could resubmit a revised request that addressed the issues being expressed by Council. Marilyn Frank, 36170 Madison, spoke in favor of the request. She indicated that you don’t hear or smell the chickens. The applicant has been working very hard in cleaning up the yard for the chickens. Hope that Council would consider approving the request. Diana Maniaci, 36101 Madison, spoke in favor of the request. You can’t see the chickens from the front of the house. Mr. Yurich just finished building a new chicken coup, which is very nice. CCM: 08/18/2014 Page 3 of 8  APPROVED 09/02/2014 Michael Maniaci, 36101 Madison, spoke in favor of the request. Can’t see the chickens in the backyard from the front of the house. Absolutely no problem with the request. Matt Bauman, frequently walks on Madison Street – never knew there were chickens at this address before it came in front of Council – there is no smell. Written comments were received from: Alex McArthur, 36169 Madison, opposed to the keeping of chickens. Mr. and Mrs. Zenon Grace, 36111 Madison, opposed to the keeping of chickens. Yaroch suggested the applicant speak with the adjacent property owners who were against the request and address their concerns. Vote on motion: All yeas Motion passes Motion by Yaroch, seconded by Greene, to direct the Administration to work with the applicant, Olivia Chambers, to address the concerns expressed by Council, and bring the issue back before Council for reconsideration. All yeas Motion passes 2. Consideration of Approving the SMART FY2015 Municipal Credit and Community Credit Contract Motion by Greene, seconded by Yaroch, to approve the SMART Municipal Credit and Community Credit Contract for FY2015 and agree to transfer the amount of $5,662.00 in Municipal Credits and $10,612.00 in Community Credits to Richmond-Lenox EMS in payment for their Community Transit Service. All yeas Motion passes 3. Consideration of Chamber of Commerce Request for Fall Decorating and Trailhead Park Event Motion by Goodar, seconded by Greene, to approve the request from the Richmond Area Chamber of Commerce for a fall decorating contest and the use of the Trailhead Park on Saturday, October 11, 2014 from 10:00 a.m. to 1:00 p.m. All yeas Motion passes CCM: 08/18/2014 Page 4 of 8  APPROVED 09/02/2014 4. Consideration of Special Event Request/Use of Trailhead Park/Prayer Service Motion by Greene, seconded by Goodar, to approve the request from the First United Methodist Church, Trinity Lutheran Church and United Church of Christ to hold a prayer service in the City of Richmond Trailhead Park on Sunday, August 24, 2014 from 11:00 a.m. to 12:00 p.m. All yeas Motion passes 5. Consideration of Special Event Request/Second Change Network-REMOVED 6. Consideration of Approving Resolution No. 2014-13/State Trunkline Contract for 2014 through 2019 Motion by Yaroch, seconded by Greene, to adopt Resolution No. 2014-13, which approves the 2014-2019 Michigan Department of Transportation State Trunkline Maintenance Contract, and authorizes the Mayor and City Clerk to execute the contract on behalf of the City. All yeas Motion passes 7. Consideration of Lot Split/Combine Request/35545 Pound road and 35480 Willow Lane/Jeffrey and Sara Yaroch and Charles and Dorothy Mabley Councilor Yaroch abstained from voting on this issue and removed himself from the Council table. Motion by Greene, seconded by Misteravich, to approve the lot split/combine request from Mr. and Mrs. Jeffrey P. Yaroch for parcel number 50-07-03-35-2267-017 and Mr. and Mrs. Charles M. Mabley for parcel number 50-07-03-35-226-008. The lot combine will be completed for the 2015 assessment roll after all 2014 taxes have been paid. All yeas Motion passes 8. Consideration of Designating an MML Voting Delegate and Alternate Voting Delegate Council discussed the location of the conference and the content of the conference. Council was not in favor of either. Yaroch and Misteravich had determined that they CCM: 08/18/2014 Page 5 of 8  APPROVED 09/02/2014 would not be attending the conference this year – the material of the conference did not warrant the time and expense of traveling to the conference. Some discussion on whether the Council wanted to send a letter to the MML expressing their displeasure in the choice of location for the conference. It was determined that the City’s non-attendance at the conference will send a message that we were not in favor of the location. Motion by Greene, seconded by Goodar, to deny the request from the MML to appoint a delegate and alternate delegate to attend the conference, due to the location, content and cost of the conference. All yeas Motion passes 9. Consideration of Appointment to the WHPA Appeals Board Motion by Greene, seconded by Yaroch, to appoint Mike Misteravich, to the WHPA Appeals Board in the Council Member position for a four-year term ending August 30, 2018. All yeas Motion passes Motion by Yaroch, seconded by Misteravich¸ to appoint Jan Hunt to the WHPA Appeals Board in the resident-at-large position for a four-year term ending August 30, 2018. All yeas Motion passes Motion by Goodar, seconded by Greene, to appoint James Brode, to the WHPA Appeals Board in the resident/non-resident position for a four-year term ending August 30, 2018. All yeas Motion passes 10. Consideration of Changing the Location of the September 2, 2014 City Council Meeting Motion by Greene, seconded by Goodar, to change the location of the September 2, 2014 City Council meeting from the City Offices to the School House in Bailey Park at 36045 Park Street. All yeas Motion passes MISCELLANEOUS MATTERS FROM THE CITY MANAGER CCM: 08/18/2014 Page 6 of 8  APPROVED 09/02/2014 - This Wednesday is the last Concert in the Park for the summer. - We have started spraying for weeds COUNCIL COMMENTS Rix – Reminder of upcoming calendar events: 8/20 – Concert in the Park at 7:00 pm 8/20 – EDC meeting at 7:00 pm 8/27 – TIFA at 7:00 pm 8/29 – Recreation Department Closed 8/30 – Library Closed 9/1 – City Hall, Recreation Department and Library Closed 9/2 – Council meeting at School House at 7:00 pm 9/4 – 9/7 – Good Old Days Festival CLOSED SESSION 1. Contract Negotiations - Communications Motion by Yaroch, seconded by Greene, to convene into closed session in accordance with Section 8(a) of the Michigan Open Meetings Act, Public Act 267 of 1976, as amended, for strategy and negotiation sessions connected with the negotiation of a collective bargaining agreement if either negotiating party requests a closed session. A roll call vote was taken: Five yeas (Greene, Misteravich, Rix, Yaroch, Goodar) Two absent (LaFore, Schultz) Motion passes Council recessed at 8:10 p.m. to go into Closed Session. Motion by Goodar, seconded by Greene, to reconvene into open session at 8:25 p.m. All yeas Motion passes CCM: 08/18/2014 Page 7 of 8  APPROVED 09/02/2014 OTHER BUSINESS Motion by Greene, seconded by Yaroch, to approve the Police Officers Labor Council – Communications Officers 2014-2017 collective bargaining agreement as presented and authorize the City Manager and City Clerk to execute the same on behalf of the City. All yeas Motion passes ADJOURNMENT Motion by Misteravich, seconded by Greene, to adjourn the Regular Council Meeting at 8:29 p.m. All yeas Motion passes Respectfully Submitted: Karen M. Stagl, City Clerk CCM: 08/18/2014 Page 8 of 8