CITY OF ST. CLAIR

REGULAR COUNCIL MEETING

MONDAY, JUNE 3, 2013 7:00 P.M.

BERNARD E KUHN MUNICIPAL BUILDING, 547 N CARNEY DRIVE

Mayor Cedar convened the Regular Meeting of the City Council to order in the Council Room of the Municipal Building at 7:00 pm.

PRESENT: Mayor Cedar, Members Burns, Foley, Kindsvater, LaPorte, McCartney.

ABSENT: Member Krebs

ADMINISTRATION: James T Downey, Jr; Kane, Clemons, Joachim & Downey; Michael E. Booth, City Superintendent; Janice Winn, City Clerk.

AUDIENCE: There were four persons in attendance.

PLEDGE OF ALLEGIANCE was recited.

McCartney moved, Kindsvater seconded, CARRIED, to record the absence of Member Krebs as excused.

AGENDA AMENDMENTS – None.

CONSENT AGENDA

LaPorte moved, Kindsvater seconded, CARRIED, to approve Consent Agenda items A., and B., as presented.

A.  City Council Minutes of May 20, 2013 Regular Meeting: Approve

B.  Board of Cemetery Trustees Minutes of April 16, 2013 Meeting: Receive

ORDINANCES AND RESOLUTIONS

Ordinance No. 2013-02 – Amendment to Zoning Ordinance to Change the Zoning Classification of Property, 1102 S Seventh St

AN ORDINANCE OF THE CITY OF ST CLAIR, ST CLAIR COUNTY, MICHIGAN TO AMEND THE ZONING ORDINANCE, ARTICLE 4, SECTION 4.2, ZONING DISTRICT MAP, TO RE-CLASSIFY CERTAIN LANDS FROM M-1 LIGHT INDUSTRIAL TO MD-2 MIXED USE DEVELOPMENT (RESIDENTIAL/COMMERCIAL) DISTRICT

The ordinance amendment to rezone the property at 1102 S Seventh St from light industrial to a mixed residential/commercial classification was recommended by the Planning Commission in accordance with the City’s master plan and introduced at the May 20, 2013 meeting.

Kindsvater moved, McCartney seconded, CARRIED, to adopt Ordinance No. 2013-02, the 1102 S Seventh St M-1 Light Industrial to MD-2 Mixed Use District Zoning Ordinance Amendment. Ayes: McCartney, Burns, Foley, Kindsvater, LaPorte, Cedar. Nays: None. ORDINANCE ADOPTED

Resolution No. 13-06 – Adopting 2013-14 Annual Budget, Millage Levy and Appropriations Act, and Adopting a Schedule of Fees and Charges

RESOLVED, that the summary of revenues and expenditures for the 2013-2014 Fiscal Year Budget be approved.

FURTHER RESOLVED, that the 16.9121 total millage requirement for local purposes and the general operating millage of 13.0581 for the 2013-2014 City of St. Clair fiscal year budget be approved and authorized to be levied as contained in the Budget Resolution.

FURTHER RESOLVED, That the adopted budget for the fiscal year beginning October 1, 2013 and ending September 30, 2014 shall establish the approved appropriation levels for the said fiscal year.

FURTHER RESOLVED, that the Schedule of Fees and the Utility Rate Schedule be adopted as part of the budget; and

FURTHER RESOLVED, That the City Council does hereby authorize the City Superintendent to execute transfers between appropriations provided that each transfer be approved by the City Council prior to its execution.

FURTHER RESOLVED, That the City Council retains authority to amend the city budget and this appropriations act at such times when deviations from the projected revenues and authorized expenditures levels become necessary and the amount of the deviation becomes known.

City Superintendent explained that no changes were made to the balanced budget presented during the May 20, 2013 public hearing, and adoption of the budget is recommended.

Member Burns expressed concern about unexpected expenditures for road repairs or the industrial park that may reduce fund balance and ways to offset those costs in other areas of the budget. It will be a challenging year financially for the city due to the economy and reduced tax revenues.

LaPorte moved, Kindsvater seconded, CARRIED, to adopt Resolution No. 13-06, the 2013-2014 Fiscal Year Budget, Millage Levy Authorization, Appropriations Act, and Fee Schedule Adoption Resolution. Ayes: Burns, Foley, Kindsvater, LaPorte, McCartney, Cedar. Nays: None. RESOLUTION ADOPTED

REPORTS FROM ADMINISTRATION

City Superintendent

Road Maintenance – Street sweeping and chloride application on gravel roads is underway. Street sweeping practices and equipment costs will be evaluated to determine the best option for providing the service going forward.

Sewer Work – SRF Sanitary Sewer Rehabilitation full-length lining repairs have started and open-cut repairs continue. The work is within budget and on schedule. Member Kindsvater mentioned complaints received from residents about the dust being generated from the construction lot adjacent to Pine Shores Golf Course.

City Attorney

Fireworks Ordinance – Legislation providing more local control on the use of fireworks passed the House and has moved to the Senate for consideration. Pending the outcome, the city may need to amend its local fireworks ordinance prior to the July 4th holiday. Council discussed the city’s current noise ordinance and fireworks ordinance regulations to enforce fireworks use during late night hours, holidays, and special events.

City Departments – None.

Authority, Board, Commission, Committee Chairman or Council Representative

Fallen Heroes Memorial (McCartney) – The official kick-off of the Fallen Heroes Memorial fundraising campaign has begun. A fundraiser dinner will be held on June 29th at The American Legion Hall and dedication of the memorial location will be held in a few weeks. Organizers are close to reaching their fundraising goal with funding already past the halfway point.

UNFINISHED BUSINESS – None.

NEW BUSINESS

Approval of Permit for Fourth of July Fireworks Display

Council received an application for a fireworks display permit required by the State for the annual Fourth of July event. The fireworks will be displayed from a barge located in the St Clair River at the center of Palmer Park as in previous years. Approval of the permit is recommended.

Kindsvater moved, McCartney seconded, CARRIED, to authorize application for a fireworks display permit for American Fireworks Co to conduct the Fourth of July fireworks display.

Approve License Agreement for Use of Public Right-of-Way – St Clair Eye, 1921 Fred Moore Hwy

Council received an agreement between the City and St Clair Eye to formalize the recent approval granted to place a sign in the Fred Moore Hwy public right-of-way. The agreement permits the use of the right-of-way and does not grant any prescriptive rights to the city property.

LaPorte moved, Kindsvater seconded, CARRIED, to approve the City of St Clair/St Clair Eye License Agreement.

Application for Industrial Facilities Exemption Certificate – Norma Group, 1111 Fred Moore Hwy

Council received a memorandum from the City Clerk dated May 29, 2013 advising that the City received an application from Norma Group for an industrial facilities exemption certificate under PA 198 of 1974, as amended. The company proposes to receive a six year exemption for an equipment investment of $4,767,967 at their 1111 Fred Moore Hwy facility necessary to accommodate growth within the company. In accordance with the Act, Council must schedule a public hearing to give interested parties an opportunity to comment on the request.

Member Burns discussed how the company’s business and development plans fit into the city’s long term strategy for industrial property, the number and amount of any tax abatements existing or acquired when Norma Group purchased Craig Assembly, and whether any protections were available to the city to insure that the company will meet targeted goals for employment and investment.

LaPorte moved, Kindsvater seconded, CARRIED, to schedule a public hearing on the application of Norma Group for an industrial facilities exemption certificate under PA 198 of 1974, as amended, for June 17, 2013 at 7:00 pm at the Municipal Building, 547 N Carney Dr, St Clair, MI 48079.

CLAIMS AND ACCOUNTS – May 24 & 31, 2013

Check registers listing the bills for the period ending May 24, 2013 (check numbers 34760 -> 34791), and May 31, 2013 (check numbers 34792 -> 34829) were presented for Council review.

LaPorte moved, Kindsvater seconded, CARRIED, to approve payment of May 24 & 31, 2013 Claims and Accounts as submitted.

PUBLIC QUESTIONS AND COMMENTS

Bill Klieman, 1374 S Riverside Ave, questioned flag etiquette at Diamond Point Park, the Boat Harbor, and Pine Shores Golf Course, noting that the flags are flying at night without proper lighting and were not lowered to half-staff on Memorial Day. He also questioned the status of a dumpster enclosure at Palmer Park Manor. Both items were referred to administration.

MAYOR AND COUNCILMEMBER COMMENTS AND ANNOUNCEMENTS

Member McCartney commented on the need for enforcement of dumpster ordinance regulations to address dumpster lids left open or tied open. Referred to code enforcement officer.

Member Burns commented on identification of locations for the the sidewalk replacement program. Street addresses adjacent to the sidewalks needing repair should be reported to the city superintendent.

Member LaPorte announced that fireworks donations are being accepted at City Hall or The Voyageur, or can be given directly to Fireworks Committee Chairman Dave Liniarski.

ADJOURNMENT at 7:27 pm.

Janice Winn, City Clerk Bill Cedar, Jr, Mayor