CITY OF ST



CITY OF ST. CLAIRREGULAR COUNCIL MEETINGMONDAY, NOVEMBER 4, 2013 7:00 P.M.BERNARD E KUHN MUNICIPAL BUILDING, 547 N CARNEY DRIVEMayor 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, Kindsvater, Krebs, LaPorte, McCartney.ABSENT:Member Foley.ADMINISTRATION:James T Downey, Jr; Kane, Clemons, Joachim & Downey; Rick Jefferson, Police Chief; 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 Foley as excused.AGENDA AMENDMENTS – None.CONSENT AGENDALaPorte moved, Kindsvater seconded, CARRIED, to approve Consent Agenda items A., B., and C., as presented.City Council Minutes of October 16, 2013 Special Meeting and October 21, 2013 Regular Meeting: ApproveDowntown Development Authority Minutes of July 18, 2013 Meeting: ReceiveHarbor Commission Minutes of August 24, 2013 Meeting: ReceiveORDINANCES AND RESOLUTIONSOrdinance Introduction – Amendment to Code of Ordinances, Chapter 38, Malicious Destruction of PropertyAN ORDINANCE OF THE CITY OF ST. CLAIR, ST. CLAIR COUNTY, MICHIGAN, TO AMEND THAT PORTION OF CHAPTER 38, ARTICLE VI, SECTION 38-147 “MALICIOUS DESTRUCTION OF PERSONAL PROPERTY” OF THE CITY CODE OF ORDINANCESCity Attorney indicated that the proposed ordinance amendment removes the word “personal” from the definition of property to enhance Police Department efforts on prosecuting vandalism complaints. LaPorte moved, Krebs seconded, CARRIED, to introduce the Chapter 38, Article VI, Malicious Destruction of Property Code of Ordinances amendment. Ayes: McCartney, Burns, Kindsvater, Krebs, LaPorte, Cedar. Nays: None. REPORTS FROM ADMINISTRATIONCity Superintendent (Mayor Cedar)Scrap Tire Grant – The City applied for funding under the 2014 Scrap Tire Market Development Grant Program which will reimburse up to 50% of the cost for purchasing scrap tires to support the development of increased markets for scrap tires. If successful, the city intends to use the material to resurface local streets. St Clair Highway Stabilization – A group of officials gathered on November 1, 2013 to exchange information and explore resource partnerships to help the city identify the cause and potential solutions to stabilize and repair St Clair Highway. Positive results were achieved and follow-up meetings will be scheduled as information becomes available. City AttorneyUpdates were given on two recent court decisions issued that may have impact on the city. The first, by the US Sixth Circuit Court of Appeals, impacts the way the city may define disorderly conduct with regard to begging in a public place. The second, handed down by the Michigan Supreme Court, impacts the landscape of medical marijuana law regulation and the operation of dispensaries. Both cases are being monitored to see how they might affect local ordinances for compliance.City DepartmentsAuthority, Board, Commission, Committee Chairman or Council RepresentativeHarbor Commission (Member McCartney) – A reminder was issued to use Fort St or Second St to access the boat harbor, and to avoid using the Biewer Lumber Co and Cargill Salt parking lots as a shortcut.UNFINISHED BUSINESS – None.NEW BUSINESSRenew East China School District Facility Use Mutual Operating AgreementCouncil received the Facility Use Mutual Operating Agreement between the city and East China School District for the period of September 1, 2013 to August 31, 2014 at an annual cost of $3,150. The terms of the agreement require the city to reimburse the school district for non-school facility usage for building maintenance and operating costs for recreation programs. The cost is unchanged from last year and is offset by program fees. The school district will also pro-rate fees if facilities are not available due to repairs and maintenance. Approval of the renewal agreement is recommended because of the lack of indoor city-owned facilities.Kindsvater moved, McCartney seconded, CARRIED, to approve the East China School District Facility Use Mutual Operating 2013-2014 Renewal Agreement as recommended. Ayes: Burns, Kindsvater, Krebs, LaPorte, McCartney, Cedar. Nays: None.Approve Issuance of Special Events Permits for Santa ParadeKrebs moved, Kindsvater seconded, CARRIED, to approve the St Clair Santa Parade Committee request and issue a special events permit to hold the annual Santa Parade in downtown St Clair on November 22, 2013 at 6:00 pm.Approve Issuance of Special Events Permit for St Clair Chamber of Commerce and St Clair Downtown Development Authority Gourmet GallopKindsvater moved, McCartney seconded, CARRIED, to approve the St Clair Chamber of Commerce/St Clair Downtown Development Authority request and issue a special events permit to hold the Gourmet Gallop trolley ride and progressive dinner in downtown St Clair on December 12, 2013 from 6:00 pm – 9:00 pm. CLAIMS AND ACCOUNTS – October 25 & November 1, 2013Check registers listing the bills for the period ending October 25, 2013 (check numbers 35732 -> 35761), and November 1, 2013 (check numbers 35762 ->35809) were presented for Council review.LaPorte moved, McCartney seconded, CARRIED, to approve payment of October 25 & November 1, 2013 Claims and Accounts as submitted.PUBLIC QUESTIONS AND COMMENTS – None.MAYOR AND COUNCILMEMBER COMMENTS AND ANNOUNCEMENTSCondolences were extended to the family of former Board of Review member Don Diem on their loss. Residents were reminded to vote in the November 5, 2013 city election.CLOSED SESSION – Request for Closed Session to Confer with Legal Counsel Regarding Pending LitigationMcCartney moved, Kindsvater seconded, CARRIED, to recess regular session and meet in closed session pursuant to Section 8(e) of the Open Meetings Act for the purpose of conferring with legal counsel regarding pending litigation. Ayes: Kindsvater, Krebs, LaPorte, McCartney, Burns, Cedar. Nays: None.At 7:10 pm, Council recessed into closed session and resumed regular session at 7:26 p.m.ADJOURNMENT at 7:26 pm.Janice Winn, City ClerkBill Cedar, Jr, Mayor ................
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