CITY OF ST. CLAIR
REGULAR COUNCIL MEETING
MONDAY, NOVEMBER 4, 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, 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 AGENDA
LaPorte moved, Kindsvater seconded, CARRIED, to approve Consent Agenda items A., B., and C.,
as presented.
A. City Council Minutes of October 16, 2013 Special Meeting and October 21, 2013 Regular
Meeting: Approve
B. Downtown Development Authority Minutes of July 18, 2013 Meeting: Receive
C. Harbor Commission Minutes of August 24, 2013 Meeting: Receive
ORDINANCES AND RESOLUTIONS
Ordinance Introduction – Amendment to Code of Ordinances, Chapter 38, Malicious
Destruction of Property
AN 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 ORDINANCES
City 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 ADMINISTRATION
City 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 Attorney
Updates 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 Departments
Authority, Board, Commission, Committee Chairman or Council Representative
Harbor 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 BUSINESS
Renew East China School District Facility Use Mutual Operating Agreement
Council 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 Parade
Krebs 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 Gallop
Kindsvater 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, 2013
Check 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 ANNOUNCEMENTS
Condolences 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 Litigation
McCartney 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 Clerk
Bill Cedar, Jr, Mayor