Note: links to the video recording and the council packet can be found at the bottom of this post.
Meeting:
Introduction by City Manager Smith. Referred to Public Act 228 allowing virtual meetings under the Open Meetings Act from March 18, 2020 through December 31, 2020. Smith read through the general rules for participating in an open meeting. (Video time mark 0:00:20)
Agenda item #1, Call to Order (Video time mark 0:02:09):
Meeting called to order by Haven.
Agenda item #2, Pledge of Allegiance (Video time mark 0:02:13):
Pledge of Allegiance said.
Agenda item #3, Roll Call (Video time mark 0:02:35):
Present – Haven, Bonser, Casey, Kniesc, Luginski, and Wylie. Avery absent.
Haven said that there had been some questions about swearing in the council even though it’s the same council. Section 3.7 of the Charter states that the term of office commences on the second Monday after the election, which is November 16. Council members will be sworn in at the next meeting.
Agenda item #4, Approval of Agenda (Video time mark 0:04:29):
Agenda was approved unanimously.
Agenda item #5, Public Comments (Video time mark 0:05:11):
Haven wanted to address the conversation around the closure of East Church Street. Wylie will clarify, answer questions, save some time, and help people understand the situation.
Wylie wanted to address concerns raised in a letter that was distributed in the community. She didn’t personally receive the letter but she’d seen it and received emails about it. Wylie thinks that the letter was based on a misunderstanding but noted that the information coming from the city has been confusing. The possibility of closing Church Street and creating a publicly owned green space has been briefly discussed, and that discussion was intertwined with the discussions regarding the Social District. Permanently closing Church Street would require public input and serious investigation, which hasn’t happened yet. The street is temporarily closed until the end of April or early May. The permanent closure would be for public use, not for the use of any business, but no proposal or decisions have been made and the discussions have been informal.
Luginski wanted to clear up any misunderstanding because his name was on the letter. The closure of Church Street for Honcho is temporary. There is no discussion taking place to make it permanent for Honcho’s use, and he hasn’t had a discussion with Honcho – nor has anyone else on council to the best of his knowledge.
Chet Pardee apologized for criticizing Smith for the delay in uploading the video; the criticism should have been directed at Independence Television. It was wrong to say that the proposed hold harmless agreement at 148 N. Main would benefit the developer when it was proposed by the developer. He accepts that the plume contents at 148 N. Main are remnants of tanks removed in 1991. The plume is no longer moving south and west and sample wells showed a presence at 148 N. Main. Pardee applauded Neil Wallace and Curt Catallo for participating in the meeting.
Pardee said that city officials have not publicly acknowledged the cost to manage stormwater to prevent deterioration on Clarkston Road as it approaches North Main. Such costs should be included in the capital improvement plan and funding sources determined. The public deserves to know whether there will be any environmental impact when Clarkston Road is repaired at North Main. The excavation markers restrict excavation to no more than 6” below the surface.
Public comments were closed.
Agenda Item #6, FYI (Video time mark 0:13:37):
Haven wanted to thank everyone who participated in rebuilding the rain garden. The ground was prepared in the first session and they will plant at the second session.
Friends of Depot Park will meet at City Hall tomorrow.
Agenda Item #7, Acceptance of the Consent Agenda (Video time mark 0:14:30)
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- 10/12/2020 Final Minutes, page 3/25 of the council packet
- 10/26/2020 Draft Minutes, page 5/25 of the council packet
- Treasurer’s report page 7/25 of the council packet
- Thomas J. Ryan, P.C. invoices at page 8/25 of the council packet
- Check Disbursement Report at page 12/25 of the council packet
Wylie suggested a change to section 9D of the 10/26/20 meeting minutes regarding the resolution to continue outdoor dining on Church Street. The tent was mentioned in the presentation, but it wasn’t included in the minutes. The minutes should mention that there will be a tent to cover the East Church Street block. Attorney Tom Ryan suggested that someone make a motion to include a reference to the tent.
Wylie also wanted to know if the council has to say when they went into or came out of the closed session. Ryan suggested that the time that the council came out of the closed session could be included in the amended minutes, and Jennifer Speagle can pull that from the video.
Motion to amend the minutes to reference that the end of Church Street will be covered with a tent passed unanimously.
Consent agenda approved unanimously.
Agenda Item #8, City Manager’s Report (Video time mark 0:20:57; page 20/25 of the council packet):
Bonser congratulated city manager Jonathan Smith for getting a lot of things done.
No further comments.
Agenda Item #9, Old Business
Item 9a, Discussion: Election Update (Video time mark 0:21:35):
Speagle congratulated everyone.
There are 858 registered voters. There were 666 actual voters, with 415 absentee and 251 walk-in. The turnout was very good at 77.6%.
Mayor’s race: Haven received 358 votes; Cory Johnston received 83 votes; 11 votes for other write-ins; 214 no selection.
Two-year council term for three positions: Wylie received 361 votes; Luginski received 267 votes; Avery received 254 votes; Steven McLean received 86 votes; 11 votes for other write-ins; 1019 no selection.
One-year council term for two positions: Casey received 278 votes; Bonser received 256 votes; 13 write-in votes; 785 no selection.
Presidential elections are the biggest elections, and COVID took things to a new level. There was a huge increase in absentee ballots. The precinct was continuously disinfected, social distancing was practiced, the garage was used as a waiting room, and there were signs and plexiglass barriers. Speagle thanked all the volunteers by name and task and also thanked the Union Joints for providing food.
Smith said that Speagle worked from 5:30 in the morning until after midnight.
Item 9b, Resolution to Ratify the October 26, 2020 Resolution (Social District) (Video time mark 0:27:43):
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- Resolution at page 21/25 of the council packet
- Proposed Social District Boundaries at page 22/25 of the council packet
Smith – there was a lively discussion at the last meeting about the Social District, but when he started to put the paperwork together to submit to the State of Michigan, he realized that he didn’t have a detailed resolution from the 10/26/20 meeting. Ryan and Smith thought that the council needed to ratify the resolution made at the 10/26/20 meeting to include the 21 points that Wylie prepared, the map of the district, and to identify the four current licensees as the Union Woodshop, Honcho, Clarkston Union, and The Fed.
Kniesc submitted an updated map that includes a star where the licensees are located. Ryan suggested that the resolution should acknowledge the amended map.
Haven thought that the information should be posted online and outside of the city hall. Smith said he could do that and noted that the website is insufficient and needs to be updated to be as transparent as possible.
Bonser asked if someone could purchase an alcoholic beverage from non-designated area such as Rudy’s and walk around the Social District, and the answer was no. Only establishments that have a permit from the State of Michigan can participate. The drinks have to be in a cup with a logo on it, but the licensee can add its name as well. Rudy’s doesn’t have a license that would permit this type of service.
Bonser asked if the signs that will be provided by the licensees will comply with the sign ordinance. Smith said that the sign ordinance would apply. Bonser was also concerned about having a lot of signs up all the time.
Kniesc said that all current ordinances apply. The Social District is the platform and the licensees have to do all the work. Kniesc also discussed the common area, which is required in a Social District. This isn’t a place where people are hanging out; it’s just a place that is not privately owned. We need signs to show a boundary.
Pardee asked how people will know when their tables are available if they are walking around in the Social District. Kniesc said that’s the licensee’s responsibility. Catallo said that they plan to use their current system, which is a text when the table is ready with a 15 minute grace period to check in.
Motion for the resolution passed unanimously.
Item 9c, Discussion: Outdoor Dining At the Fed (Video time mark 0:46:30):
Sarah from The Fed called into the meeting while traveling. She’s proposing that they put up a tent on Mill Street to help them make it through the winter. Rudy’s is against it because they need the six parking spots, but designated parking can be made available on Main Street. She understands that Rudy’s may be purchasing the Clarkston News building and maybe Rudy’s customers could park in that lot.
Haven suggested that the proposal be brought before the Planning Commission. Wylie said that the Planning Commission schedules special meetings all the time and Sarah didn’t need to wait for the regular meeting. Sarah should come to them with as much information as possible.
Wylie liked the idea of designated parking on Main Street for Rudy’s. Sarah noted that the lot is hard to use.
Luginski wondered who would enforce the designated parking spots because signs aren’t always enough. Sarah said that The Fed customers get tickets all the time. Speagle said that there is no enforcement now, but there was a 30-minute limit. Smith said that enforcement will resume on January 1st.
Agenda Item #10, New Business
Item 10a, Code Enforcement Officer (Time mark 0:56:44; page 23/25 of the council packet):
Smith said that he was bringing this issue to council as a discussion item. We need to have someone who can watch things from week to week, and we don’t have someone on staff to do this. Smith approached Clarkston residents and they turned it down because they didn’t think it was appropriate. Smith explored the idea of a contract code enforcement officer, which is what they use in Rose Township, to some degree in Springfield Township, and in Royal Oak Township. Stacey Kingsbury lives in Davisburg and is currently doing contract ordinance enforcement for Northville and Royal Oak Township. She charges $45/hour and is very effective. Smith is proposing 10 hours per month or $5,400 per year, with additional fees for court appearances, consultation with Carlisle Wortman, etc. Smith has not checked Kingsbury’s references yet but Craig Strong says her experience is impeccable.
Smith expects that this person would become familiar with our ordinances, drive around to look for violations, and discuss what s/he’s seeing with Smith or the council. There may be things that we haven’t enforced in years that we may want to enforce now, but council could choose to eliminate things that we don’t enforce from the ordinance. Smith will research and bring it back as a resolution if the council thinks this is something worth pursuing.
Bonser wanted to know if we could have a trial period. Smith said that would be included in any agreement, with an out for the city in 90 days or 6 months if it’s not working out.
Bonser didn’t want the city to be perceived as heavy-handed. He wanted to know if there is a grouping of ordinance violations that the city could choose to enforce or not enforce. Smith said some things were cut and dried, such as a junk car in the driveway that doesn’t run, trash cans in the front yard, or RVs that have been parked for weeks and weeks. On the other hand, if a gutter is hanging two inches lower than it should be according to the Michigan Maintenance Code, that’s where it becomes a grey area and the heavy-handed concern is a good one. It wouldn’t take long to find a violation on any house in the city if you scrutinized it long enough. This would be a good test to determine whether we want to enforce things or make exceptions.
Bonser noted that code enforcement would include businesses and residents, but he also wanted to know if this enforcement would apply to violations of the certificates of appropriateness from the Historic District Commission. Smith said there are no plans to get involved in Historic District Commission enforcement. Right now, the Historic District Commission chairperson follows up. Smith hasn’t included this in the budget; he’s only looking at enforcing our current ordinances.
Luginski asked about a grace period to fix things rather than a ticket and a fine. Smith said that the letters typically give people 30 days to fix things, and they also try to understand if someone is struggling financially or with health issues. Smith will talk to Craig Strong and find out what other communities are doing with regard to what steps they go through when there are violations.
Luginski thought that we should enforce ordinances or get rid of them, and we should be consistent.
Smith noted that the council had discussed establishing an ordinance review committee, but it’s time-consuming to go through everything. It might be helpful to get some data from a code enforcement officer.
No one on council was opposed to the idea of a contract code enforcement officer. Smith was authorized to bring information back to council to consider.
Agenda Item #11, Adjourn (Video time mark 1:18:50):
Motion to adjourn was unanimous. Haven would like to see more 1.5 hour meetings.
Resources:
- Link to video recording – http://216.11.46.126/VOD/3306-CityCouncil-11-9-2020-v1/vod.mp4
- 20201109 – City Council packet