CITY OF ST. CLAIR
REGULAR COUNCIL MEETING
MONDAY, JUNE 17, 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, Krebs, LaPorte, McCartney.
ABSENT: None.
ADMINISTRATION: James T Downey, Jr; Kane, Clemons, Joachim & Downey; Michael E. Booth, City Superintendent; Rick Jefferson, Police Chief; Trice Hawkins, Recreation Director; Janice Winn, City Clerk.
AUDIENCE: There were seven persons in attendance.
PLEDGE OF ALLEGIANCE was recited.
AGENDA AMENDMENTS – The agenda was amended to delete the request of LaCroix’s Riverside Pub for a temporary outdoor service permit as an item of New Business.
CONSENT AGENDA
LaPorte moved, Foley seconded, CARRIED, to approve Consent Agenda item A., as corrected.
A. City Council Minutes of June 3, 2013 Regular Meeting: Approve
The City Superintendent report on sewer work was corrected to reflect that residents near the golf course, not golfers, complained about dust from the construction site.
PUBLIC HEARING
Hearing on Application for Industrial Facilities Exemption Certificate – Norma Group, 1111 Fred Moore Hwy
LaPorte moved, McCartney seconded, CARRIED, to open the public hearing at 7:01 pm to receive public comment on the request of Norma Group for an industrial facilities exemption certificate under PA 198 of 1974, as amended.
Joe McCullough, EDA of St Clair County, and Tom Ward, Norma Group, were present to answer questions about the company’s application for a six year, 50% tax abatement of $4.76 million dollars of personal property to support the plastic injection molded products business. A company overview was provided on tax abatement information, additional employment, and investment in the St Clair operation.
Comments were received from Members Kindsvater, Burns, Foley, and Krebs regarding a starting date for the abatement, and an update on company operations. In December, 2010, Norma Group, which is headquartered in Germany with manufacturing operations in Auburn Hills, MI, purchased Craig Assembly and expanded their plastic injection molding and functional testing capabilities in St Clair. The company grew from 55 employees in 2010 to 126 today and has become a world market leader in the plastics industry.
No one else from the audience spoke for or against the application filed by Norma Group for the industrial facilities exemption certificate.
LaPorte moved, Kindsvater seconded, CARRIED, to close the public hearing at 7:07 pm.
ORDINANCES AND RESOLUTIONS
Resolution No. 13-07 - Approving Application for Industrial Facilities Exemption Certificate – Norma Group, 1111 Fred Moore Hwy
RESOLVED, That the application for industrial facilities exemption certificate filed under PA 198 of 1974, as amended, by Norma Group, be approved, and shall remain in full force and effect for six (6) years on personal property, conditioned upon the facilities’ continuation in operation throughout each period, otherwise of no force or effect, commencing with its effective date and ending not later than December 30, 2017 on personal property, and otherwise is in compliance with Section 16 of PA 198, as amended. (See Resolution)
McCartney moved, Kindsvater seconded, CARRIED, to adopt Resolution No. 13-07, the Norma Group Industrial Facilities Exemption Certificate Resolution. Ayes: Foley, Kindsvater, Krebs, LaPorte, McCartney, Burns, Cedar. Nays: None. RESOLUTION ADOPTED
REPORTS FROM ADMINISTRATION
City Superintendent
SRF Sewer Project Update – The open cut phase of the SRF sanitary sewer rehabilitation project is nearing completion and asphalt patching of streets affected by the work has started.
Transportation Funding – A town hall meeting to discuss transportation funding with MDOT and County Road Commission representatives will be held June 25, 2013 at 6:00 pm at St Clair County RESA. The public is invited to attend.
Flag Display – In response to complaints of flags not being lit at night at Diamond Point Park, Pine Shores Golf Course, and the Boat Harbor, electrical repairs were made to the poles at the harbor and golf course and those flags are flying again. The flag at Diamond Point Park will be taken down until repairs are made to the electrical box.
City Attorney
Fireworks Legislation – A bill expanding local control regulations over the possession and use of fireworks advanced through the House and Senate and awaits the Governor’s signature. Under the proposed legislation, Michigan communities with less than 75,000 residents will be allowed to issue a civil infraction and a $500 fine for use or detonation of explosives between 1:00 am and 8:00 am.
City Departments – None.
Authority, Board, Commission, Committee Chairman or Council Representative
Pine Shores Golf Commission – Request to Amend By-Laws, Residency
Council received a proposed by-law amendment adopted by the Golf Commission to place residency and appointment restrictions on commission members.
Kindsvater moved, Krebs seconded, CARRIED, to table the proposed Pine Shores Golf Commission residency by-law amendment and refer it to the City Attorney for review and compliance with the City Charter.
UNFINISHED BUSINESS – None.
NEW BUSINESS
Approval Issuance of Special Events Permits
2013 St Clair Riverfest
Council received a memorandum from the Police Chief dated June 17, 2013 containing a recommendation for approval of a special events permit for the Blue Water Offshore Racing Association to conduct the Blue Water Offshore Race, including offshore power boat races, Riverfest music and entertainment, avenue of vendors, beverage sales, street closures, and related activities from July 25–29, 2013. An overview of the events arranged during the weekend event was given by the Police Chief. Issuance of the permit is recommended contingent on receipt of all documents, permits and insurance associated with the events, and compliance with the terms of the Special Events Ordinance.
Member Krebs questioned whether a carnival would be held in conjunction with the event. Details are not finalized, but if one is held, carnival personnel and equipment would be housed at the industrial park property on Range/Yankee Roads.
Member Burns was concerned that over the past 12 years, local control has been lost, the service organizations were replaced by a contracted private event promoter, and the event has become a strain on the police and public works departments without financial gain for the city. The police chief indicated that while the department is shorter on manpower, outside funding and mutual aid assistance helps cover some of the expense, and he is confident that the city can provide the needed services.
Kindsvater moved, McCartney seconded, CARRIED, to grant approval of the Blue Water Offshore Racing Association 2013 St Clair Riverfest special events permit request, contingent on receipt of all outstanding documents for the event. Ayes: Kindsvater, Krebs, LaPorte, McCartney, Foley, Cedar. Nays: Burns.
Will on the Water Shakespeare Festival
Council received a memorandum from the Police Chief dated June 17, 2013, containing a recommendation for approval of a special events permit for Enter Stage Right, Inc to conduct the 3rd annual Will on the Water Shakespeare Festival on August 8-11, 2013 from 12:00pm to 6:00pm in Palmer Park. A separate Palmer Park lease agreement will be prepared to regulate park use for the two day event. The applicant has complied with necessary requirements of the Special Events Ordinance and issuance of the permit is recommended.
Kindsvater moved, McCartney seconded, CARRIED, to grant approval of the Enter Stage Right, Inc special events permit request.
St Clair Recreation Summer Events
Recreation Director Hawkins requested approval of a special events permit for the Recreation Department to hold its annual outdoor concert series, and outdoor movies from June to August on Fridays from 7:00 pm to 9:00 pm for concerts and dusk for movies; the classic car show on July 19, 2012 from 12:00 pm until 9:00 pm. Most events would be held in Palmer Park and are supported through donations. The applicant has complied with necessary requirements of the Special Events Ordinance and issuance of the permit is recommended.
Kindsvater moved, Foley seconded, CARRIED, to grant the Recreation Department summer outdoor events special events permit request.
Approve Lease Agreements for Special Events
Blue Water Offshore Racing Association for Boat Races
Council received a proposed lease agreement between the City and BWORA detailing the terms of use of certain premises associated with the BWORA offshore boat race activities. The lease is for a one year period at a cost of $1.00. Changes to incorporate the use of the industrial park and boardwalk access were made to the agreement in 2013.
McCartney moved, Kindsvater seconded, CARRIED (Burns – no), to approve the lease agreement with Blue Water Offshore Racing Association for the 2013 St Clair Riverfest offshore race event.
St Clair Art Association for Annual Art Fair
Council received a proposed lease agreement between the City and the St Clair Art Association detailing the terms of the organization’s use of Palmer Park and City services associated with the annual art fair on June 29-30, 2013.
Kindsvater moved, Krebs seconded, CARRIED, to approve the lease agreement and contract for services for the St Clair Art Association 2013 Annual Art Fair.
Approve Issuance of Temporary Outdoor Service Permit - St Clair Chamber of Commerce, Riverview Plaza
Council received a memorandum from the Police Chief dated June 17, 2013 explaining the request of the St Clair Chamber of Commerce to conduct a fundraising beer tent with music in the courtyard area of the Riverview Plaza on July 4, 2013 from 3:00 pm to 9:00 pm. Chamber of Commerce representative Dennis Peternel explained that event will be monitored and security will be provided by volunteers.
Kindsvater moved, McCartney seconded, CARRIED, to approve the St Clair Chamber of Commerce July 4, 2013 temporary outdoor service permit, contingent on receipt of all necessary documents for the event.
CLAIMS AND ACCOUNTS – June 7 & 14, 2013
Check registers listing the bills for the period ending June 7, 2013 (check numbers 34830 -> 34871), and June 14, 2013 (check numbers 34872 -> 34918) were presented for Council review.
LaPorte moved, Kindsvater seconded, CARRIED, to approve payment of June 7 & 14, 2013 Claims and Accounts as submitted.
PUBLIC QUESTIONS AND COMMENTS – None.
MAYOR AND COUNCILMEMBER COMMENTS AND ANNOUNCEMENTS
Member McCartney announced that the groundbreaking for the Fallen Heroes Memorial was held June 15, 2013 and a fundraising spaghetti dinner for the project will be held June 29, 2013 at the American Legion Hall.
Member Burns suggested modifications to the city’s tax abatement policy to define the benefits to the city and identify the terms and conditions required of the company to preserve the city’s interests. Referred to City Attorney for review and compliance with State law.
Member Krebs announced that the hanging flower baskets have been installed along N Riverside Ave and Clinton Ave. Donations are still being accepted at City Hall.
Member LaPorte announced that Fourth of July fireworks donations are still being accepted at City Hall.
Member McCartney announced that the antique and classic boat show will be held at the boat harbor on June 22, 2013. The Titanic model exhibit also opens on June 22, 2013 at the Moore boathouse and runs through the end of July.
CLOSED SESSION – Request for Closed Session to Confer with Legal Counsel Regarding Pending Litigation
McCartney moved, Krebs seconded, CARRIED, to recess regular session and meet in Closed Session to confer with legal counsel regarding pending litigation. Ayes: Krebs, LaPorte, McCartney, Burns, Foley, Kindsvater, Cedar. Nays: None.
At 7:28 pm, Council recessed into closed session and resumed regular session at 8:01 pm.
Cedar moved, McCartney seconded, CARRIED, to adopt the City Attorney recommendation with regard to the District Court matter.
ADJOURNMENT at 8:02 pm.
Janice Winn, City Clerk Bill Cedar, Jr, Mayor