City of St. Clair s1

CITY OF ST. CLAIR REGULAR COUNCIL MEETING MONDAY, NOVEMBER 18, 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; Janice Winn, City Clerk. ALSO PRESENT: State Representative Dan Lauwers. AUDIENCE: There were seven persons in attendance.

PLEDGE OF ALLEGIANCE was recited.

AGENDA AMENDMENTS – Mayor Cedar requested that the agenda be amended to add a legislative update from State Representative Dan Lauwers; and discussion with Annette Demaria, Environmental Consulting & Technology, Inc regarding grantwriting services. There were no objections.

CONSENT AGENDA

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

A. City Council Minutes of November 4, 2013 Regular Meeting: Approve

B. Pine Shores Golf Commission Minutes of October 30, 2013 Meeting: Receive

C. Board of Canvassers Certification of 2013 City Election Results: Receive

State Representative Dan Lauwers Legislative Update

State Representative Lauwers reported on legislative activity in Lansing and the attempts of state government to create a positive business and economic climate for Michigan through partnerships and programs. One example is the Michigan Competitiveness Committee which was developed to look at changes in laws and regulations that will make Michigan the most desirable state to locate in from a business and well as a family perspective. Following the update, councilmembers directed questions to Rep Lauwers regarding the city’s industrial park, agricultural and environmental issues, and state resources and departments available to help the city. Council was also reminded of an upcoming roundtable discussion with Lt Governor Calley to discuss personal property taxes and local government issues.

ORDINANCES AND RESOLUTIONS

Ordinance No. 2013-05 – 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

The ordinance amendment broadens the enforcement of property damage complaints by striking the word “personal” from the definition.

McCartney moved, Kindsvater seconded, CARRIED, to adopt Ordinance No. 2013-05, the Chapter 38, Malicious Destruction of Property Code of Ordinances amendment. Ayes: Kindsvater, Krebs, LaPorte, McCartney, Burns, Foley, Cedar. Nays: None. ORDINANCE ADOPTED

Ordinance Introduction – Amendment to Code of Ordinances, Chapter 38, Disorderly Persons

AN ORDINANCE OF THE CITY OF ST. CLAIR, ST. CLAIR COUNTY, MICHIGAN TO AMEND THAT PORTION OF CHAPTER 38, ARTICLE VI, SECTION 38-141 “DISORDERLY PERSONS” OF THE CODE OF ORDINANCES BY REPEALING THE FORMER SUBSECTION (7) WHICH CRIMINALIZED BEGGING IN A PUBLIC PLACE

City Attorney explained that the proposed ordinance amendment resulted from a US Sixth Circuit Court of Appeals decision which declared a Michigan state law criminalizing begging unconstitutional. The decision affects the City because our ordinance is based on the state law struck down by the court.

Member Krebs also questioned whether subsection (1) of the ordinance dealing with persons who neglect to support their families should be categorized as a disorderly person. General discussion was held on the language and enforcement of this provision, and it was determined that no other changes would be made at this time.

McCartney moved, Kindsvater seconded, CARRIED, to introduce the Chapter 38, Disorderly Persons Code of Ordinances amendment. Ayes: Krebs, LaPorte, McCartney, Burns, Foley, Kindsvater, Cedar. Nays: None.

Ordinance Introduction – Amendment to Code of Ordinances, Chapter 62, Design Standards for Stormwater Systems

Council received a proposed ordinance adopting design standards and requirements to be applied to construction plans submitted for review by the City for all types of developments or drain-related construction activities. The general stormwater management requirements would apply to all new developments and redevelopments in the City of St Clair and for the most part mirror the St Clair County standards. The exception is that the city standards establish a 10 year rather than a 100 year stormwater detention basis which was felt to be sufficient given the density and size of lots in a city setting. Adoption of the standards was a requirement of an earlier grant commitment accepted by the city.

Councilmembers questioned the application of the standards to parking lots with containment areas, and to form-based zoning requirements. Overflow standards will be designed to accommodate protection for buildings and any increased flow would need to be stored on site so as not to hamper the city site or the site being developed. The stormwater standards have no impact on form-based zoning requirements in the downtown area.

McCartney moved, LaPorte seconded, CARRIED, to introduce the Design Standards for Stormwater Systems Code of Ordinances amendment. Ayes: LaPorte, McCartney, Burns, Foley, Kindsvater, Krebs, Cedar. Nays: None.

Resolution No. 13-12 - Authorizing SAW Grant Agreement

RESOLVED, that the terms of the Resolution Authorizing the Stormwater, Asset Management, Wastewater (SAW) Grant Agreement be adopted as presented, and that the City Superintendent, Mike Booth, be designated as the Authorized Representative for purposes of the SAW Grant Agreement. (See Resolution)

Engineer Steve Pangori, Anderson, Eckstein and Westrick, Inc explained that the Resolution authorizes an application for a SAW Grant in the amount not to exceed $535,000 from the Michigan Department of Environmental Quality and the Michigan Finance Authority, to pay for the development of a Stormwater Asset Management Plan and a Stormwater Management Plan. A 10% local match is required if the grant is awarded (unless the city is declared disadvantaged). Funds will be used to clean and televise the storm sewers; locate with GPS and inspect the storm manholes and catch basins; evaluate the condition of the stormwater assets in accordance with the MDEQ recognized assessment certification program; create storm sewer maps and database in GIS format; prepare a stormwater asset management plan and a Stormwater Management Plan. Work must be completed within a three year time period in accordance with the terms of the grant agreement.

An explanation of the grant application process, estimated costs, and reimbursement procedure was given. The grant is administered on a reimbursement basis, and examples of additional costs for engineering and administrative expenses that are reimbursable under the program were reviewed.

Bill Klieman, 1374 S Riverside Ave, suggested that any of the work be performed in-house wherever possible to achieve additional savings.

LaPorte moved, Burns seconded, CARRIED, to adopt Resolution No. 13-12, the SAW Grant Agreement Authorizing Resolution. Ayes: Burns, Foley, Kindsvater, Krebs, LaPorte, McCartney, Cedar. Nays: None. RESOLUTION ADOPTED

Discussion with Annette Demaria, Environmental Consulting & Technologies, Inc Regarding Grantwriting Services

Annette Demaria, Environmental Consulting & Technologies, Inc. discussed consulting services available to communities for assistance with grant applications and funding. About $70 million in grant money has been secured by matching the grant opportunity with the project. Mayor Cedar requested that administration explore grantwriting services with the company for Palmer Park boardwalk repair and maintenance, and St Clair Highway slope stabilization.

Resolution No. 13-13 - Approving Cost Sharing Model for Employee Medical Benefit Plans

RESOLVED, that the City of St Clair elects to comply with the requirements of Section 4(1) of Act 152 of the State of Michigan Public Acts of 2011 regarding the funding for employee medical benefit plans as set forth in the Act by adopting the 80/20 cost share model for employees for the 2013-14 medical plan coverage year.

The community is required to annually elect one of four options relating to employer expenditures for employee medical benefit plans as part of the State EVIP certification. The city desires to continue the 80/20/model adopted in 2011-12 and 2012-13 for the current medical plan coverage year.

LaPorte moved, Kindsvater seconded, CARRIED, to adopt Resolution No. 13-13, the Employee Medical Benefit Plan 80/20 Cost Sharing Model Resolution. Ayes: Foley, Kindsvater, Krebs, LaPorte, McCartney, Burns, Cedar. Nays: None. RESOLUTION ADOPTED Resolution No. 13-14 - Authorizing St Clair Area Fire Authority Inspections

RESOLVED, that the City of St Clair, by approval of this Resolution, hereby grants approval and delegation of authority to the St Clair Area Fire Authority to perform state certified inspections of all fireworks sales facilities both permanent and temporary located within the City of St Clair. This delegation of Authority authorization is pursuant to PA 256 of 2011, the Michigan Fireworks Safety Act.

The St Clair Area Fire Authority is requesting each community in the fire district adopt the Resolution as a proactive approach to fireworks regulation. Any fees collected from the inspections would be returned to the community.

McCartney moved, Foley seconded, CARRIED, to adopt Resolution No. 13-14, the St Clair Area Fire Authority Fireworks Inspection Resolution. Ayes: Kindsvater, Krebs, LaPorte, McCartney, Burns, Foley, Cedar. Nays: None. RESOLUTION ADOPTED

REPORTS FROM ADMINISTRATION

City Superintendent – A second Trail Towns meeting has been scheduled for December 4, 2013 at 6:00 pm. The location will be determined.

City Attorney – None.

City Departments – None.

Authority, Board, Commission, Committee Chairman or Council Representative

Santa Parade Committee (Krebs) – The Santa Parade will be held Friday, November 22, 2013 at 6:00 pm in downtown St Clair.

UNFINISHED BUSINESS – None.

NEW BUSINESS

Approve Purchase of Police Patrol Vehicle

Council received a City Superintendent memorandum dated November 15, 2013 recommending the city purchase a 2014 Dodge Charger police package vehicle from Bill Snethkamp (State purchasing program) in the amount of $23,872.00. Additional police equipment to be added to the vehicle will bring the total package to $37,412.

LaPorte moved, Kindsvater seconded, CARRIED, to accept the $23,872.00 bid of Bill Snethkamp and approve the purchase of a 2014 Dodge Charger police package vehicle as recommended.

CLAIMS AND ACCOUNTS – November 8 & 15, 2013

Check registers listing the bills for the period ending November 8, 2013 (check numbers 35810 -> 35836), and November 15, 2013 (check numbers 35837 ->35909) were presented for Council review.

LaPorte moved, Kindsvater seconded, CARRIED, to approve payment of November 8 & 15, 2013 Claims and Accounts as submitted. PUBLIC QUESTIONS AND COMMENTS – None.

MAYOR AND COUNCILMEMBER COMMENTS AND ANNOUNCEMENTS Congratulations were extended to the St Clair High School cross country team on their second state championship and to the St Clair High School football team on achieving the Division 3 regional championship.

Condolences were extended to the family of former police officer and Beautification Commission member Robert Tassie on their loss.

Appreciation was extended to Boy Scout Troop 257 for help with the fall flag removal at Hillside Cemetery.

Comments were received regarding the status of paperless agenda packets. Administration will provide an update at the December 2, 2013 meeting.

ADJOURNMENT at 8:01 pm.

Janice Winn, City Clerk Bill Cedar, Jr, Mayor