Month: February 2021

Note: links to the video recording and the council packet can be found at the bottom of this post. Please note any errors or omissions in the comments. Anything noted between brackets was inserted by Clarkston Sunshine.

Meeting:

City Manager Jonathan Smith welcomed everyone to the meeting and reviewed the rules for virtual meetings as they were presented on screen.

Agenda item #1, Call to Order (Video time mark 0:01:30):

Eric Haven thanked Smith but didn’t formally call the meeting to order.

Agenda item #2, Pledge of Allegiance (Video time mark 0:01:32):

Pledge of Allegiance said.

Agenda item #3, Roll Call (Video time mark 0:01:55):

Eric Haven, Al Avery, Ed Bonser, Gary Casey, Joe Luginski, and Sue Wylie were present and in Clarkston, Michigan; Jason Kniesc was present and in Osprey, Florida.

Agenda item #4, Motion: Approval of Agenda (Video time mark 0:03:03):

Agenda approved unanimously.

Agenda Item #5, Public Comments (Video time mark 0:04:01):

Bonser, read from an email that he’d sent to the mayor, city council members, and city manager regarding short-term rentals:

• • Bonser said that he was speaking as a member of the public because he is recused from voting on the short-term rental issue since he is a rental property owner.
  • Bonser wanted to address the fear of concert attendees and partiers renting property and doing more harm than good in the city. This seems to be a prevailing belief from those opposed to short-term rentals.
  • Bonser owns property on Main Street and has rented property on a long- and short-term basis for over twenty years.
  • In his experience, renters are conscientious, respectful, family-oriented people looking for a property in town.
  • Bonser read several inquiries that he’d received from Airbnb for the council as a way of providing examples of the kind of people who wanted a rental in the area to visit family.
  • Short-term rentals fill a void that is needed in the community. Imagine if you moved away from Clarkston but wanted to return periodically to visit friends and family – would you rather stay in downtown Clarkston or somewhere else that is less convenient and farther away.

Sharon Kramer also wanted to make a public comment about short-term rentals:

• • Kramer owns a carriage house that she rents, and the property was a rental before she purchased it in 2000.
  • She rents her property for various durations – a week, a month, three months, etc.
  • They are on site to manage the property. They physically meet the guests, set expectations, and make people aware they are visiting a historical home in the village. This leads to lots of conversations about what a historic district is.
  • They provide a service because there aren’t a lot of options for people who want to stay in the area. The majority of her renters are people visiting family in the area who want to have their own space while in town.
  • Renters frequent downtown restaurants and grocery stores, so they are giving back to the community.
  • They screen people well.

Chet Pardee had public comments:

• • Pardee thanked city officials for amending the budget as required by Michigan law when they came back into open session on 2/12/21.
  • Pardee thanked Smith for updating the city’s website to include the 2020-21 budget presentation, the RAMP report from the city engineer regarding the condition of the city’s roads and maintenance costs, and the capital improvement plan, which includes estimated infrastructure costs and priorities for the next five years.
  • These resources are especially important considering the upcoming 2021-22 budget proposal based on the city’s fragile financial condition. The city’s need to spend to preserve its infrastructure exceeds its anticipated revenue.
  • The resolution that was approved by council on 2/12/21 approved spending $35,000 to settle the Bisio v Clarkston lawsuit specified by city attorney Mark Peyser. Has a settlement been reached that includes the MML’s [Michigan Municipal League’s] insurance carrier, [City Attorney] Tom Ryan’s insurance carrier, the Bisios and any other parties to the agreement?
  • Is Peyser the city attorney? How many attorneys does the city have? Does Mr. [James] Tamm still count as a city attorney?
  • The city manager should consult with MML to understand the amount of the city’s errors and omission insurance premium increase for inclusion in the 2021-22 budget. The last premium was a significant increase based on the city’s legal costs that were paid by MML insurance.

Smith wanted to respond to a couple of Pardee’s comments. Smith is pleased that they’ve made good progress on the website. All of the budgets and audits for the last five years are posted now. They are still looking for other improvements to make sure financial transparency is there.

We have one city attorney, Tom Ryan. Mark Peyser is a special attorney brought in for the lawsuit.

Smith said that he always consults with MML before starting a new budget year to ensure that our forecasts are in line with their estimated annual cost increases. Smith usually allows for an increase between 3% and 5%. The MML doesn’t finalize the costs until July making it too late for the budget, but if they provide him with any indication of the percentage increase, it’s rolled into the budget forecast.

Public comments were closed.

Agenda Item #6, FYI (Video time mark 0:03:48; 0:14:55):

There was no FYI.

Agenda Item #7, Sheriff Report for January 2020 (Video time mark 0:15:02; page 3/34 of the council packet):

Lieutenant Hill was not present.

Luginski discussed a car that drives around town with a purposefully loud backfire. It goes up and down Main Street toward I-75 and down Holcomb, Miller, and Washington. Luginski wanted to know if Smith had talked with Lieutenant Hill about it. Smith said that Lieutenant Hill had made a note of it but suggested calling a complaint in to either 911 or his local number. They will dispatch someone immediately and try to locate the vehicle. Luginski wanted to know if Smith had provided a description of the vehicle, and Smith said he had.

Casey asked for a vehicle description, and Smith said that it was a red Ford Focus that sounds like the exhaust has been tuned to be deliberately low.

Bonser has heard a couple of loud vehicles and they all seem to be Ford Focuses in varying colors. He wondered if they change their mufflers so that the car will make a loud popping noise when they come off the accelerator.

Bonser wondered if we had a noise ordinance in the village or if this is something we have to live with on a piece by piece basis. He sees the same motorcycles, usually Harleys, cruising up and down main street with their radios blaring so that you can’t have a conversation on your porch. It’s worse in the summer when there is more traffic. Smith said that we have a noise ordinance, but noise from moving vehicles is something that the Oakland County Sheriff would enforce.

Smith said that we can talk about staging an officer nearby to witness the noise if council wants him to do so. Luginski said that there isn’t a specific time so that would be difficult. It’s worse in the summer and you can hear this car coming from a long way away. By the time you call the Sheriff, the driver could be miles away. Smith said that if the car seems to be in the area for awhile, then call the Sheriff and they will send someone out right away.

Casey wanted to know if anyone had provided a license plate to the Sheriff. Luginski said it would be easier to see in the summer. In this weather, by the time he gets outside, the driver is gone and he can’t see the license plate.

Haven asked when the traffic sign data would be provided. Smith thought CJ would have the data for the first meeting in March. Haven said everyone is anxious to see it.

Agenda Item #8, City Manager Report (Video time mark 0:21:56; page 4/34 of the council packet):

Bonser asked about buckthorn and wanted to know when the additional burn day will be. Smith said it will ideally be while the ground is frozen, hopefully in March. Cardno [invasive species contractor] needs to cut the last few trees and apply the herbicide. Smith would like to complete all of the remaining burning at once.

Haven expressed thanks to Jimi [Turner] and Carson [Danis] [DPW employees] for all their hard work. Smith said that they’ve been fighting a lot of snowfalls and working 6-7 days a week. Hopefully, things will ease up since the weather is supposed to be in the 30s all week.

Bonser said he sees them all the time and at all hours. Are they on call? Smith said that Jimi knows to do things on his own. He has good contacts for weather forecasts. We have a no parking street ordinance from December 1^st – April 1^st from 2:00-6:00 a.m., though people can still park on the edge of the easement. This is more disruptive to family life but it greatly facilitates snow plowing. Both are working long hours now. Bonser said he appreciates their sacrifice; Haven agreed.

Agenda Item #9, Motion: Acceptance of the Consent Agenda As Presented (Video time mark 0:25:18)

• • 01/25/2020 Final Minutes (page 5/34 of the council packet)
  • 02/12/2021 Draft Minutes (page 7/34 of the council packet)
  • 02/08/2021 Draft Minutes (page 9/34 of the council packet)
  • Treasurer’s Report (page 12/34 of the council packet)
  • Revenue and Expenditure Report for the period ending 01/31/2021 (page 13/34 of the council packet)
  • Carlisle Wortman invoice, January 2021 (page 19/34 of the council packet)
  • Hubbell, Roth & Clark invoices, January 2021 (page 20/34 of the council packet)

Wylie asked for an explanation of the $170 charge for MS4 permit assistance referenced on the first page of the Hubbell, Roth & Clark bill. Smith didn’t recall what the acronym stood for, but the charge relates to maintenance of the municipal sewer system. We are required to file this annually to show that we are complying with the law.

Bonser had microphone problems. Haven said he’s had that issue as well. Smith suggested calling in by phone and muting the computer speaker. Haven said that’s what he’s doing. Speagle suggested that Bonser text his comment and they would read it out loud. Smith said that if Bonser sent a message on GoToMeeting chat, he would read it out loud. Haven asked if Bonser wanted to do that.

Speagle read Bonser’s question from the GoToMeeting chat. Bonser wanted to know if the city had received an invoice from Mark Peyser. Smith said he’d received an invoice on Friday but didn’t have it with him. It’s not in this packet but will be in the next one. Smith believed that the charges were $10-$11,000 for work to date.

Consent agenda approved unanimously.

Agenda Item #10, Old Business

Item 10a, Short Term Rental Discussion/Motion has been deferred to the March 8, 2021 Council Meeting to allow for more time to research the matter (Video time mark 0:29:37)

Haven said that this was a deferral and asked Smith to elaborate. The short-term rental issue was tabled last time, and Smith said that more time is needed because more information is coming in.

Smith said he spoke with Ryan, and Ryan is trying to set up a Zoom conference call with Ben and Dick Carlisle; Smith believed they are in Florida at the moment. They want to discuss some of the legalities, and in particular, they want to make sure that we are in agreement with the laws regarding short-term rentals particularly in light of the supreme court ruling from last summer.

Ryan said that he spoke to Smith after talking to Dick Carlisle. This issue goes beyond short-term rentals. A comprehensive rental program plan needs to be presented to council. This would include short- and long-term rentals and rental registration so council will have a full grasp of the legalities and the tools that are available. Ryan has a Zoom call planned for tomorrow at 11:00 with Ben Carlisle, our planner, and hopefully they will have something for the council to review before the March 8^th meeting so that council will have all the tools to make the best decision for the city. Haven thought that would be helpful. Ryan thinks that this is the best way to go because people are interested and because it’s a very contentious issue.

Smith said that the Planning Commission is looking for guidance, and the plan for March 8^th is to provide direction regarding how they should proceed.

Ryan said that it was on the agenda at the last city council meeting, but there were a couple of members missing. There was a sort of straw poll taken at the last meeting, but we need everyone’s attention and review of the same information to come up with a direction for the Planning Commission to proceed.

Item 10b, Resolution: Interlocal Agreement For The Restaurant Relief Grant, 02/22/21 (Video time mark 0:34:08)

• • Resolution – Interlocal Agreement for the Restaurant Relief Grant (page 24/34 of the council packet)

Haven said that this agreement concerns the provisions from the county to help the restaurant businesses during this difficult time. This formalizes that.

Smith said that there is a Phase 1 and Phase 2 of the Oakland County restaurant relief grant. The city received propane heaters, refills, greenhouses, one igloo, and electrostatic cleaners and refills. In Phase 2, we will receive two outdoor sanitation stations that will be mounted in a central location on Main Street, maybe one on the east and one on the west side. This is just to help keep the pandemic under control. The city has benefited greatly from this grant, receiving almost $14,500 in products.

The County is asking us to sign and return an interlocal agreement. This is not uncommon whenever we do business with the County. The agreement is in the packet and provides the background for Phase 1 and Phase 2. The city is also helping the restaurants by purchasing the concrete blocks that you see around town as a safety measure. We’re just looking to complete this step and sign the interlocal agreement. Ryan has reviewed the agreement and is OK with it.

Wylie wanted to know when Phase 2 would be completed. Smith thought it would be in February, but he didn’t have the exact timing.

Wylie asked whether the outside sanitizing stations would freeze. Smith said that he thought because the sanitizer had an alcohol component that it wouldn’t freeze, but his wife told him that he was wrong about that because she had a bottle of sanitizer freeze in her car. He will have to look into that. The stations themselves are powder coated with the full intent of being outside, but he needs to research further whether the liquid inside the sanitizers would freeze. Wylie said that her chemistry background tells her that they will eventually freeze, but at a lower temperature. Casey thought that would be a good project for her students.

Haven said that the resolution asks that the city manager complete and submit the Oakland County Relief Grant Interlocal Agreement.

Resolution passed unanimously.

Agenda Item #11, New Business

Item 11a, Discussion: New Clarkston Historic District Walking Tour, Live Demonstration of the NEW Clarkston Historic District Walking Tour, by Julie Meredith, Director, CID Library (Video time mark 0:41:23):

Haven was excited about the next item. Julie [Meredith] is here to talk about the new Clarkston Historic District walking tour. This has been online forever. Sue and Bill Basinger and Jennifer Radcliff did a lot of work on it over time, but tonight, we get to see the unveiling of the wonderful new access to our town.

Meredith said that she was excited to demonstrate the new website. The original website was created by Susan and Bill Basinger back in 1994. It was created with raw html, which was cutting edge at the time but not compatible with modern devices.

Changes to the site include orienting the maps in a different direction, and it’s also mobile friendly. Meredith thanked Smith for the interactive map that links to the actual Oakland County Clarkston Historical District map. You can click on any of the addresses and it will take you to that particular house.

The site has been designed to accommodate different users:

• • Visitors who want to see a particular house and want a nutshell description;
  • Youth, taking local history in the second grade, will see more condensed information that is less text heavy, and they will be able to change the color and add worksheets to help them with their assignments;
  • Historians and genealogists, who want to know everything that we know; and,
  • Homeowners and potential buyers who may want additional information that the other groups might not want.

The new platform allows you to get more or less information depending on the browser.

They are adding Historic District Commission (HDC) documents at the bottom of the page. You will be able to go to into a particular property and see what certificates of appropriateness have been issued by the HDC. This will be really helpful for people who work in the office. If they receive a FOIA request, all they will have to do is point people to the website so they can find it themselves. This will save a lot of time and is better for transparency. They are working on adding 20-21 certificates of appropriateness, and they will backfill as they are provided with information.

There is also a gallery of photos at the top that the Historical Society has been helping with. There is a bar in the middle that allows you to see either side of a then and now photo. They will be adding more as the photos become available. Toni Smith has an intern who is assisting her, and they have been taking photos.

There is also a building by address with a genealogy page that lists all of the owner names.

There is some confusion about what the HDC and Historical Society do, so they’ve added a description, explain how they are different, and what they do.

There is an “about us” description at the bottom of the page. There are three organizations involved in the project – the Historical Society, the HDC, and the Clarkston Independence  District Library.

The website is set up as a database so that changes only need to be made in one place.

HDC Commissioners can log in to the site and can see all of the certificates of appropriateness and other documents attached to individual properties. There is also a password protected section so they can see documents in draft form and make them public when they are approved.

Casey wanted to know how the passwords are assigned. Meredith said that the library can assign passwords to people who need them, such as people who need to make content changes, and when the HDC is ready, they will get a password.

Smith said that when Meredith demonstrated the site to the HDC, she showed them how homeowners can add photos to show off their houses. Meredith said that they will put the oldest and most current photos in, but if the homeowner has done something that fits in with the overall theme of the home, they can add that to the site.

Haven said that this was so exciting, contemporary, and interdisciplinary, listening to all the different types of groups – schools and education, library and research, realtors for conveying the value of the district overall, historians, genealogists, and all kinds of uses. How unique for Clarkston.

Haven wanted to know if anyone else in the country has done something like this. Meredith said that it’s cutting edge now and was cutting edge when it was created. There are other walking tours out there, but they don’t have anything like this. There are other historic websites that are doing a lot in terms of using audio to share historic stories, but a walking tour is not that common. Haven thought as this gets discovered, Meredith and others will be very busy answering questions from around the country. This will put Clarkston on the map in a very unique way, and Haven was thrilled about that.

Wylie said she was playing with the website during the presentation and looking at the gallery. The amount of information available is amazing, and she thanked the team for the hard work.

Meredith wanted everyone to recognize that Susan and Bill Basinger created this; all they did was put it on a new platform and modernize it. Haven thought Meredith was being modest because it’s a lot of hard work; he asked who else was on the team. Meredith said that Nathan Gemmer was her IT assistant and spent hours checking links. Mary Seske from IDB solutions has been unbelievably helpful in moving the project forward.

Haven said that Meredith is showing the world what a library can do. He thought that the idea of being able to add photos was a good thing, but he wondered if it might require some policing if kids were adding selfies in or outside of their homes; Meredith said you can add as many photos as you want.

Smith said that the Historical Society will continue to work with her. They have many images that can be included so that people can enjoy them. Meredith asked that they keep sending things her way.

Haven said that this can’t hurt property values either. He thanked the team for everything they’d done.

Agenda Item #12, Adjourn (Video time mark 1:04:48)

Motion to adjourn was approved unanimously.

Resources:

• • Link to video recording – http://216.11.46.126/VOD/3378-CityCounsel-2-22-2021-v1/vod.mp4
  • 20210222 – City Council packet