LAPEER CITY COMMISSION MINUTES OF A REGULAR MEETING MAY 5, 2014

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1 LAPEER CITY COMMISSION MINUTES OF A REGULAR MEETING MAY 5, 2014 A regular meeting of the Lapeer City Commission was held at Lapeer City Hall, 576 Liberty Park, Lapeer, Michigan. The meeting was called to order at 6:30 p.m. ROLL CALL Present: Commissioners City Attorney Michael Nolan. City Manager Dale Kerbyson. Absent: Commissioner Robinet (excused). Mayor Sprague led the Pledge of Allegiance. AGENDA APPROVAL Moved by Bostick-Tullius. Seconded by Gates. Approve the Agenda for as presented. MINUTES Moved by Gates. Seconded by Bennett. Approve the minutes from the Regular Meeting held April 21, 2014, as presented. Minutes from various Boards and Commissions were received into record. PUBLIC COMMENTS Georgeann Courser, Fish Lake Road, gave invocation. Janine Saputo, DDA Executive Director commented on art events in the downtown area. CONSENT AGENDA Moved by Bostick-Tullius. Seconded by Gates. Approve the Consent Agenda for resulting in the following: 1. Special Event Request from DDA for DIA Inside/Out Art Support, sidewalk in front of Gallery 194 and use of Farmers Market Pavilion, May 31, Special Event Request from Lapeer County Emergency Management for Family Preparedness Day downtown, September 13, Special Event Request from United Way of Lapeer County for Community Colors 5K Fun Run, Rowden Park, September 13, Special Event Request from Lapeer Area Karate Enrichment for World Gold Medal 5K Run/Walk, Rowden Park, June 28, BILL LISTING FOR MAY 5, Moved by Gates. Seconded by Bostick-Tullius. Approve the Bill Listing for in the amount of $592, Bennett, Gates, Bostick-Tullius. Page 1

2 Lyons. PROCLAMATIONS, RECOGNITIONS AND RESOLUTIONS PUBLIC HEARINGS Industrial Facility Tax: H & H Tool, Inc. New. Patricia Lucas, EDC Executive Director, introduced Jim Harrington and Andy Harrington of H & H Tool, Inc.; request for personal property costs of $3,806,311; 6 year exemption; creation of 12 new jobs; answer any questions the Commission may have. Mayor Sprague opened the public hearing regarding Industrial Facilities Tax Exemption for H & H Tool, Inc. at 6:35 p.m. There being no comments, the public hearing was closed at 6:35 p.m Moved by Bostick-Tullius. Seconded by Bennett. Approve Resolution Approving The Application Of H & H Tool, Inc. For An Industrial Facilities Tax Exemption Certificate. Bostick-Tullius, Bennett, Gates, Lyons. RESOLUTION DECLARED ADOPTED. Industrial Facility Tax: Testing Services Group, LLC New. Patricia Lucas, EDC Executive Director, introduced Mark Lockwood and Mark Hartel of Testing Services Group, LLC; request was for $181,626 in real property and $1,304,870 in personal property costs; 12 year exemption; creation of 5 new jobs; company provides vehicle fuel systems; answer any questions the Commission may have. Mayor Sprague opened the public hearing regarding Industrial Facilities Tax Exemption for Testing Services Group, LLC at 6:38 p.m. There being no comments, the public hearing was closed at 6:38 p.m Moved by Bostick-Tullius. Seconded by Bennett. Approve Resolution Approving The Application Of Testing Services Group, LLC For An Industrial Facilities Tax Exemption Certificate. Bostick-Tullius, Bennett, Gates, Lyons. RESOLUTION DECLARED ADOPTED. Industrial Facility Tax: Masco Corporation of Indiana Transfer No Patricia Lucas, EDC Executive Director indicated that the request was for a name change only; state requirements in order to transfer name. Mayor Sprague opened the public hearing regarding the transfer of Industrial Facility Tax Exemption for Masco Corporation of Indiana at 6:40 p.m. There being no comments, the public hearing was closed at 6:40 p.m Moved by Gates. Seconded by Lyons. Approve Resolution To Transfer The Approved Application Of Masco Corporation Of Indiana For An Industrial Facilities Exemption Certificate, Transfer of # Gates, Lyons, Bennett, Bostick-Tullius. RESOLUTION DECLARED ADOPTED. ADMINISTRATIVE REPORTS Ordinance Amendment: Chapter 36 (Lapeer Downtown Development Authority. Page 2

3 Moved by Lyons. Seconded by Gates. Adopt the amendment to Chapter 36 (Lapeer Downtown Development Authority Ordinance) of the General Ordinances of the City of Lapeer. CHAPTER 36 LAPEER DOWNTWON DEVELOPMENT AUTHORITY Section is hereby amended to provide as follows: Boundaries. The Lapeer Downtown Development Authority shall exercise its powers and duties within the downtown district, the boundaries of which are as follows: Beginning at the Northwest corner of the intersection of Calhoun and State Street; thence East along the North line of State Street to the North line of Law Street; thence Northeasterly along said North line of Law Street to the East line of Saginaw Street; thence Northwesterly along said East line of Saginaw Street 120 feet more or less to the South line of Mill Street; thence Northeasterly along said South line of Mill Street to the Northeasterly corner of Lot 14, Block 16 of the Original Plat of the City of Lapeer, Northeast Division; thence Southeasterly along the East line of Lots 14 through 8 of said Block 16 to the North bank of the Flint River; thence Southerly along an intermediate traverse line of said river to its intersection with the North line of Genesee Street; thence Westerly along the North line of Genesee Street to the West line of Monroe Street; thence Northerly along the West line of Monroe Street to the Northwest corner of Monroe Street and Liberty Street, thence Easterly along the North line of Liberty Street to the West line of Calhoun Street, thence Northerly along the West line of Calhoun Street to the point of beginning. (Effective July 27, 1983) AND DDA Westerly Expansion Beginning at the intersection of centerlines of Genesee Street and Monroe Street, Thence Northerly along the centerline of Monroe Street to the centerline of Liberty Street; Thence Westerly along the center line of Liberty Street to the centerline of Harrison Street as shown and described on the Original Plat of the City of Lapeer Northwest Quarter, said centerline being 30 feet Westerly of the Northwest corner of Block 68 of said Original Plat Northwest Quarter; Thence Southerly along the centerline of said Harrison Street to the centerline of Genesee Street; Thence Easterly along the centerline of Genesee Street to the point of beginning. AND DDA Easterly Expansion Part of the Northeast Quarter of Section 5 and the Northwest Quarter of Section 4, T7N, R10E, Commencing at the intersection of the centerlines of Genesee Street and the Flint River, Thence Northerly along the centerline of Flint River to the South line of the of Audubon Park Addition to the City of Lapeer; thence continue Northeasterly along Flint River centerline to the West line of said Audubon Park to the point of beginning. Thence from point of beginning Northerly along the Westerly line of said Audubon Park to the Northwest corner of Lot 13 in Block 1 of said Audubon Park; Thence Northeasterly along the North line extended of lots 13, 12, 11 and 6 Block 1; Lots 20 and 11 Block 2; Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, 11 Block 3; Lots 20 and 11 Block 4 to the West line of Nightingale Avenue; Thence Northwesterly along the West line of Nightingale Avenue to its intersection with the South line of Oregon Street; Thence Westerly along the South line of Oregon Street to the centerline of Railroad Street; Thence Southerly along the centerline of Railroad Street to the centerline of Park Street; Thence Westerly along the centerline of Park Street to the Easterly line of abandoned MCRR right-ofway; Thence Northwesterly along the Easterly line of said abandoned Page 3

4 right-of-way to the North traverse line of the Flint River; Thence Southwesterly along said river traverse line to Flint River centerline; Thence Southwesterly then Southerly then Southeasterly along said river centerline to the West line of Audubon Park Addition to the City of Lapeer and point of beginning. This Ordinance shall take effect upon publication. ON A ROLL CALL VOTE: AYES: Commissioners Bennett, Gates, Lyons, Bostick-Tullius. NAYS: ABSENT: Commissioner Robinet. ABSTAIN: AMENDMENTS TO CHAPTER 36 ADOPTED. Construction Engineering Services Contract: ROWE Professional Services Company Downtown Infrastructure (DIG) Project Moved by Bostick-Tullius. Seconded by Gates. Approve the Contract for Engineering Services with ROWE Professional Services Company for the 2014 Downtown Infrastructure Grant (DIG) Project for a total estimated fee of $99, and authorize the Planning Director to sign required document. Contract for 2014 DIG Project: Boddy Construction Company. Clay and Court Street Reconstruction Moved by Lyons. Seconded by Bostick-Tullius. Approve to award the contract to Boddy Construction Company for the 2014 Downtown Infrastructure Grant (DIG) Project, Clay Street and Court Street Reconstruction, in the amount of $821, and authorize the Planning Director to sign required documents Downtown Development Authority Operating Budget Moved by Gates. Seconded by Lyons. Approve the Fiscal Year Operating Budget for the Downtown Development Authority (DDA). ON A ROLL CALL VOTE: AYES: Commissioners Lyons, Bostick-Tullius, Gates, Bennett. NAYS: ABSENT: Commissioner Robinet. ABSTAIN: Downtown Development Authority. Amended Development Plan and Financing Plan Moved by Bennett. Seconded by Lyons. Approve the Resolution Setting Public Hearing For An Amended Tax Increment Financing Plan and Development Plan Proposed By The Downtown Development Authority as corrected to set a public hearing for June 2, 2014 at 6:30 p.m. or as soon thereafter as may be heard. Page 4

5 RESOLUTION DECLARED ADOPTED. CITY MANAGER S REPORT CITY ATTORNEY S REPORT Ordinance Amendment: Chapter 20 (Business Licenses and Regulations). Section Secondhand Dealer and Junk Dealer. Commissioner Bostick-Tullius introduced the proposed amendment to Chapter 20 (Business Licenses and Regulations Ordinance), Section Secondhand Dealer and Junk Dealer of the General Ordinances of the City of Lapeer. CHAPTER 20 BUSINESS LICENSES AND REGULATIONS SECTION SECONDHAND DEALER AND JUNK DEALER A. Purpose. The purpose of this section is to protect public health, safety and welfare, reduce and/or eliminate the acceptance and resale of stolen or unauthorized property and reduce crime. The City enacts this ordinance to license and regulate secondhand dealers and junk dealers within its jurisdiction. This section is adopted in conjunction with the Secondhand Dealers and Junk Dealers Act 350 of 1917, (MCL et seq.) as amended and which said Act is adopted by reference. B. Definitions. As used in this section, the following terms shall have the meanings indicated: Junk. Any personal property which is, or may be salvaged for reuse, resale, reduction, or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled, or assorted for any of the aforesaid purposes. Without limiting the aforesaid definition of junk terms shall include used, or salvaged rope, bags, paper, rags, glass, rubber, wood pellets, and similar articles of property, dismantling of automobiles or other machinery including tires. Junk Dealer. Any person, firm, corporation, member or members of a copartnership or other entity, whose business is buying, exchanging, collecting, receiving, storing, accumulating, selling, or otherwise handling junk, but does not include a scrap processor, an automotive recycler, or a junkyard that deals principally in industrial scrap and is licensed by the city. Secondhand Dealer. Any person, firm, corporation, member or members of a copartnership, or other entity, whose principal or primary business is that of dealing in, buying, purchasing, selling, exchanging, storing or receiving secondhand goods. Principal or primary business means that more than 50% of the gross revenue of the secondhand dealer is derived from the buying, purchasing, selling, exchanging, storing and receiving secondhand goods. 1. The definition of secondhand dealer does not include: (a) Scrap processor, an automotive recycler, or a junkyard that deals principally in industrial scrap and is licensed by the city. (b) Any person, firm, corporation, member or members of a copartnership, or other entity subject to The Precious Metals and Gem Dealer Act, Act 95 of 1981 (MCL et seq.) as amended. (c) Any person, firm, corporation, member or members of a copartnership, or other entity subject to Pawnbrokers, Act 273 of 1917 (MCL et seq.) as amended. Page 5

6 (d) (e) (f) (g) (h) (i) Householders selling, purchasing, consigning, or trading articles owned and possessed by themselves or the executors or administrators of any such householders. Sellers of new articles, wares or merchandise from manufacturers, wholesale distributors or jobbers for retail sale to customers. Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show, a convention or an auction. Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization. Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization. Any transaction between a buyer of a new article and the person who sold the article when new which involves either (i) the return of the article, or (ii) the exchange of the article for a different, new article. Secondhand Goods. Any goods, wares, merchandise or other personal property acquired or purchased after having been acquired at retail and used by another except as excluded herein. 1. Such term includes: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Home and personal audio and video equipment, including but not limited to televisions, radios, audio players, receivers, and recorders of any kind; and personal electronic devices. Car stereos, GPS devices, and other audio and video equipment for use or installation in a motor vehicle. Computers and video game devices of any kind and related software, game disks, and cartridges. Electrical or other appliances. Tools. Musical instruments. Sporting equipment and bicycles. Lawn mowers and lawn equipment and snow blowers. Silverware, flatware, china and crystal. Telephones and cellular phones where no new items are offered for sale. Fur coats and other fur clothing. Ammunition and knives. 2. Such term does not include: (a) (b) (c) Used car dealers. Art galleries. Used book or magazine stores. Page 6

7 (d) (e) (f) (g) (h) (i) (j) Clothing stores. Antique dealers and other dealers in used household furniture. Trading cards. Tapestries. Non-profit organizations re-selling donated goods An internet drop-off store operating in compliance with MCL (3). A person engaged in the sale, purchase, consignment, or trade of personal property or other valuable thing for himself or herself as provided under MCL (2). C. License Required; Term; Transfer. 1. No person shall carry on the business of a secondhand dealer or junk dealer without first obtaining a license to do so from the City as provided in this section for each separate place of business conducted by such owner. 2. Any license issued under this section shall be for the period of 1 year from the date of issuance unless sooner revoked for cause. 3. No license under this section shall be transferrable. D. Authorized Issuing Officer. All Secondhand Dealer and Junk Dealer licenses shall be approved by the Mayor, with confirmation by the Commission, and it shall be the duty of the City Clerk to issue a license. Prior to the issuance of any such license, the applicant shall pay an annual license fee as stated within the City of Lapeer Fee Schedule. E. Inspection. The City and any of its departments, as well as the county and any other governmental agencies as necessary to ensure that the proposed business and applicant comply with applicable laws, ordinances and regulations during normal business hours. An application may be refused for submission for approval until a report from applicable departments is received and information furnished to ensure that the applicant or proposed premises comply with all applicable laws, ordinances, and regulations. F. Application. 1. Application for a Secondhand Dealer and Junk Dealer License shall be made in writing to the Mayor and filed in the office of the City Clerk. Said application shall contain the name and address of the applicant, the location where the business is to be carried on, owner of the real estate on which the business is to be conducted, previous experience as a Secondhand Dealer or Junk Dealer, listing of all agents/employees, and any other such information as may be deemed necessary for the proper enforcement of the provisions of this Ordinance. 2. A secondhand dealer and junk dealer shall provide to the City Clerk within twenty-four (24) hours after hiring a new employee, the name and address of the new employee. G. Bonds or Insurance. Each application for a Secondhand Dealer and Junk Dealer shall be accompanied by a corporate surety bond in the sum of $3,000 conditioned for the faithful performance of the duties and obligations pertaining to the conduct of the business and for payment of all costs and damages incurred by any violation of this section. Page 7

8 H. Additional Requirements. Issuance of a license under this section shall be subject to the following additional requirements: 1. Licensee shall comply with all requirements listed under MCL through , as amended. 2. Licensee shall comply with all federal and state laws and regulations. 3. Location of licensee shall be subject to local laws and zoning requirements. I. Secondhand Article Dealer Mall or Flea Market. The owner of any premises or land upon which two or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or fleamarket license for the premises or land if the following conditions are met: 1. Each secondhand article dealer occupies a separate sales location and identifies herself or himself to the public as a separate secondhand dealer. 2. The secondhand article dealer mall or flea market is operated under one name and at one address, and is under the control of the secondhand article dealer mall or flea-market license holder. 3. All sales are completed at a central location under the control of the secondhand article dealer mall or flea-market license holder, who maintains a record of all sales. The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with MCL J. General Provisions. 1. The Junk Yard, shop or place for the dismantling of automobiles, or other machinery, shall be so conducted as not to create a nuisance by reason of noise or disagreeable odors or fumes, that no loads of iron or other heavy materials may be unloaded nor break-up hammers used between the hours of 9:00 o clock p.m. and 6:00 o clock a.m. That said junk dealers shall not burn rubber or other substance so that the air may be polluted, nor shall said junk dealers cause to be lighted any fires in the closing hours, nor shall said junk dealers obstruct or cause to be obstructed the sidewalks, alleys, or right of way, nor place nor cause to be placed outside of the property lines any hides, second hand articles, used car parts, wheels, tin, iron, or metal of any kind or nature, and the City Commission shall impose such other regulations and restrictions as may be necessary to prevent the business of the licensee from being conducted in such manner as to be a nuisance or a noisome and offensive business within the City Limits of the City of Lapeer, Michigan, and the said City Commission may rescind such license upon complaint and said junk yard shall cease to operate until said evils are corrected or upon such terms and conditions as the said City Commission in its discretion may ordain; provided, that before rescinding such license, the licensee shall be informed of the complaint against him and shall be given a reasonable opportunity to be heard thereon. 2. It shall be unlawful and a violation of the provisions of this Ordinance for any person, firm or corporation to engage in the business of a Secondhand or Junk Dealer within the corporate limits of the City of Lapeer unless such property upon which said business is conducted shall be enclosed according to the Zoning Ordinances of the City of Lapeer. 3. Goods or materials on the premises of a Secondhand store shall not be stored, allowed to rest upon or protrude over any public street, alley, walkway or curb, or become scattered or blown off the premises. Page 8

9 K. Manifests. Every Secondhand Dealer and Junk Dealer shall keep a record of all items, goods, and merchandise received, purchased and sold and such record and the premises of every Secondhand Dealer and Junk Dealer shall be open to the inspection of all Police and Health Officials at all reasonable hours. L. Denial, Suspension or Revocation Procedures. Any denial, suspension or revocation procedures shall be as set forth in Section 20.00, Q. of Chapter 20 (Business Licenses and Regulations) Ordinance. M. Unlawful Purchases or Receipt of Goods or Articles. No person shall purchase or receive any article: 1. Between the hours of 9:00 p.m. and 7:00 a.m.; 2. From any person intoxicated or under the age of seventeen (17) years without written consent of parent or guardian; and 3. From a person known or suspected to be a thief or a receiver of stolen property. N. Violations; Penalties. 1. The license of a person, corporation, copartnership, or firm found to be in violation of any provision of this ordinance shall be considered to be revoked and such person, corporation, copartnership, or firm shall not be permitted to carry on the business of being a Secondhand or Junk Dealer within the City for a period of 1 year after that conviction. 2. A person, corporation, copartnership, or firm who violates this act is guilty of a misdemeanor and shall be imprisoned for not more than 6 months and shall be fined not less than $ or more than $1,000.00, excluding the costs of prosecution. 3. A Secondhand or Junk Dealer who buys or sells scrap metal, knowing that it is stolen, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. The penalties imposed under this subsection apply only to a first violation of this subsection. 4. A Secondhand or Junk Dealer who buys or sells stolen scrap metal knowing that it was stolen is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both. The penalties imposed under this subsection apply to a second or subsequent violation. 5. The remedies under this act are independent and cumulative. The use of 1 remedy by a person does not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person. 6. Each and every day a violation exists shall be deemed a separate day. O. Repeal. All ordinances and sections of ordinances in conflict with this ordinance are hereby repealed. P. Savings. Should any phrase, word, sentence, paragraph, or section of this ordinance be declared unenforceable, unconstitutional, or illegal by a court of competent jurisdiction, the remainder of this ordinance shall be considered to be in full force and effect. The determination by the court shall have no effect with respect to the validity of the remaining portions of the ordinance, which are not affected by the decision of the Court. Page 9

10 A summary will be used for publication purposes. Attorney Michael Nolan commented on the proposed ordinance. Commission to receive a summary/comparative of the current ordinance to the proposed ordinance. UNFINISHED BUSINESS Appointed by Mayor Sprague. Moved by Bostick-Tullius. Seconded by Lyons. Daniel Sharkey Downtown Development Authority, term ending DEPARTMENTAL COMMUNICATIONS PUBLIC COMMENTS MAYOR/COMMISSIONER COMMENTS Commissioner Gates commented on fire near her home, thanked Police and Fire. Commissioner Lyons commented on the art displays around town, looks good. Commissioner Bostick-Tullius commented on positive comments regarding the construction on M-24. City Manager Dale Kerbyson commented on scheduling of budget workshop, to be held May 12, 2014 at 6:30 p.m.; attempts to alleviate traffic from M-24, discussions with Burger King and Chinese Restaurant to open back lot at Burger King and provide a through road; work on M-24 near K-Mart area and MDOT crew working with business to complete entrance work. Mayor Sprague commented on upcoming events; positive comments on M-24 construction. EXECUTIVE SESSION: City Manager Evaluation Moved by Bennett. Seconded by Gates. Convene to an Executive Session for the purpose of discussing the City Manager s Evaluation as requested by Dale Kerbyson. ON A ROLL CALL VOTE: AYES: Commissioners Lyons, Bostick-Tullius, Gates, Bennett. NAYS: ABSENT: Commissioner Robinet. ABSTAIN: The City Commission convened to an Executive Session at 6:57 p.m. and returned to its regular meeting at 8:00 p.m Moved by Bostick-Tullius. Seconded by Bennett. Approve to extend the City Manager s contract to December 5, Page 10

11 Moved by Bostick-Tullius. Seconded by Gates. Approve no raise for the 2014 year, to provide a 4% salary increase to be effective January 1, 2015, not retroactive, to the City Manager s contract. Bennett, Gates, Bostick-Tullius. Lyons. ADJOURNMENT Moved by Bennett. Adjourn the regular meeting. The regular meeting adjourned at 8:02 p.m. William J. Sprague, Mayor Donna L. Cronce, MMC, City Clerk Tracey S. Russell, Deputy City Clerk Page 11