City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 21, 2013 IN CITY HALL Mayor Richard J. Notte called the meeting to order at 7:30 p.m. Mayor Notte led the Pledge of Allegiance to the Flag and Mark Carufel, City Clerk, gave the Invocation. Mayor Notte asked for a moment of silence for the terrible disaster in Oklahoma. Council Members present at roll call: Deanna Koski, Richard J. Notte, Joseph V. Romano, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported the Sterling Heights Community Foundation and the Detroit Institute of Arts are bringing art back to the Sterling Heights City Center for the 2nd time in as many years. The DIA recently announced that Sterling Heights would again be a featured community in this year’s popular Inside/Out program, which brings high-quality reproductions of masterpieces from the DIA’s collection to the public spaces of metro Detroit. Seven art installations will adorn the community for all to enjoy and the Sterling Heights Community Foundation is planning several activities to be sure residents have the opportunity to behold each piece throughout the three-month display. The Sterling Heights Community Foundation is working with the Community Relations Department to host the Inside/Out program this summer to coincide with the 33rd Annual Sterlingfest Art & Music Fair and installation should be in place by the 1st week of July. Mr. Vanderpool reported the Parks & Recreation Department held its 1st Annual Mother & Son Cookout on Monday, May 16th. Moms and their sons (6-12 years of age) enjoyed Regular City Council Meeting Tuesday, May 21, 2013 Page 2 a fun-filled evening at the Nature Center with activities that consisted of archery, fishing, “I spy” trail, picnic games and an animal presentation. The DNR and Royal Oak Archers both donated their time and equipment to help with this new event. Mr. Vanderpool pointed out the Nature Center is an important part of the quality of life services provided by the City. Mr. Vanderpool reported on the activities that took place this past Saturday: Pride & Shine Day, Electronic Recycling program and opening baseball ceremonies. He showed a video highlighting the many groups that helped to clean up various areas of the City and pointed out a City employee that worked 10 hours on Saturday on his own time to paint a resident’s garage. There were numerous volunteers, with some DPW supervisory coordination, that assisted residents in recycling their electronic equipment. Opening baseball ceremonies were held and Mr. Vanderpool pointed out the Youth Athletic Groups, along with the Boards and Commissions, are all volunteer-driven. Mr. Vanderpool reported this year’s annual Memorial Day celebration would be held on Monday, May 27. The festivities begin with a 9:00 am Memorial Day Ceremony in the courtyard between City Hall and the Police Department. The ceremony will mark the 60th anniversary of the end of the Korean War. The annual parade kicks off at 10:00 am along Dodge Park Road south from City Hall to Heritage Jr. High School. Nearly 100 groups will be participating, including eight marching bands, numerous decorated floats, veteran groups and other civic organizations. The Cultural Commission will present awards for Best Parade Floats and Bands. As a result of the holiday, refuse collection will be delayed one day the week of May 27-June 1. PRESENTATION Ms. Kasey Green, Economic Development Manager, was present along with Mr. Wayne Oehmke of the Sterling Heights Regional Chamber of Commerce and Industry to recognize the Second Annual Sterling Edge Business Award Recipients. A video was shown on each of the winners: Central Macomb Community Credit Union as the Local Company of the Year, Favi Entertainment as the Dream Big Company of the Year, Experi-Metal, Inc. as the Blue Ribbon Company of the Year, Henry Ford Medical Group Regular City Council Meeting Tuesday, May 21, 2013 Page 3 as the Green Company of the Year and BAE Systems as the Best Place to Work Company of the Year. The 2013 Sterling Edge Business Awards will be formally presented to the winners at the Sterling Heights Business Expo on Wednesday, May 22nd at the Best Western Sterling Inn. This event is part of Michigan Week activities co-sponsored by the City and the Sterling Heights Regional Chamber of Commerce and Industry. Mr. Steve Guitar, Community Relations Director, invited the Mayor and City Council to assist him in presenting the 2013 Board, Commission and Committee Service awards and City Employee Recognition awards. The following board members were presented with an award for 10 years of service: Mr. Mario Bassi (Solid Waste Management Commission), Mr. Irvin Droste (Civil Service Act 78 Commission), Mr. Victor Martin and Mr. Marvin Miller (Brownfield Authority Economic Development Corporation) and Mr. Leonard Reinowski (Planning Commission). The following Founding Directors were presented with an award for 20 years of service with the Sterling Heights Community Foundation: Dr. Martin Brown, Mr. Michel Lazzara and Mr. Karl Oskoian. Ms. Tammy Turgeon, Community Services Director, presented an award for Volunteer of the Year to Deanna Sadlowski from the Friends of the Library and pointed out her longtime dedication to the Library and the Friends. Mrs. Ruthann Schinzing was recognized as Commissioner of the Year and Mr. Guitar pointed out her many accomplishments during her tenure on various commissions in the City. She and her husband Donald have made many donations to the City. Mr. Sal Conigliaro, Public Works Director, presented an award to the Solid Waste Management Commission as Board of the Year and pointed out the many activities and accomplishments of that Commission. Mr. Vanderpool presented the Administrator of the Year award to Tammy Turgeon (Community Services Director) and pointed out her many accomplishments that led to this recognition. Regular City Council Meeting Tuesday, May 21, 2013 Page 4 DPW Operations Supervisor Michael Moore presented the Full-Time Employee of the Year award to Jeff Salloum (DPW) for his positive attitude and work ethics. Controller Leslie Reinhardt presented the award for Full-Time Employee of the Year to Melissa McMurtry (Financial Services) for her willingness to help others and take on the challenges of her job. Part-Time Employee of the Year, Horst Hrinciuc (Code Enforcement) was unable to attend due to a prior commitment. He is receiving this award for his professionalism and hard work. Police Chief Michael Reese presented the following awards: 2012 Civilian Police Employee of the Year to Kathy King for the valuable service she provides to the Police Department and Administration Bureau. 2012 Communications Officer of the Year to Kathy Gardner for her dedication and fund raising efforts for people in need. 2012 Police Officer of the Year to Detective Jeff Milke for his 22 years of service with the Police Department, for the coordination of the Police Night Out event and being the liaison for COPS in addition to many other duties. 2012 Command Officer of the Year to Sgt. Aaron Burgess for the valuable service he provides to the Police Department and his community and for being a true professional. Fire Chief Chris Martin presented the award for Firefighter of the Year to Mike Amormino for his devotion to the Fire Department as a highly skilled paramedic and for exemplifying the proud tradition of the Fire Department in all the aspects of his job. Moved by Romano, seconded by Schmidt, RESOLVED, to recognize and honor the 2013 Board, Commission and Committee Service Award and City Employee Recognition Award recipients whose selfless dedication and devotion to public service makes Sterling Heights City government and qualify of life second to none. Yes: All. The motion carried. Mayor Notte called a recess at 8:39 p.m. Mayor Notte reconvened the meeting at 8:44 p.m. CONSENT AGENDA 1. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: Regular City Council Meeting Tuesday, May 21, 2013 Page 5 A. To approve the minutes from the Regular Meeting of May 7, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $486,459.30, Water & Sewer Fund - $923,896.41, Other Funds - $586,551.13, Total Checks - $1,996,906.84. C. RESOLVED, to accept the proposal by Allen Audio Systems LLC, 622 S. Manitou Ave., Clawson, MI 48017 for sound and light production for the Sterlingfest Art & Music Fair for a two-year period at an annual cost of $11,612.50. Yes: All. The motion carried. CONSIDERATION 2. Mr. Vanderpool explained the request for consideration of an adoption of a resolution to place on the ballot for the November 5, 2013 election an amendment to the City Charter for the purpose of authorizing a levy of a special, dedicated millage for police and fire protection and local street improvements. A video illustrating the property tax rates in the state of Michigan was shown and Mr. Vanderpool pointed out with the proposed millage rate, Sterling Heights would still be in the bottom third of tax rates throughout the state of Michigan. The following residents addressed the City Council on this issue: Mr. Harry Marchlones discussed the excellent service the City has provided and wants to retain those services. He hopes the City Council would approve the resolution. Mr. Mike Lombardi suggested the resolution be split into three separate measures so the residents could vote on them individually. Mr. Nate Shannon is in favor of this consideration and encourages the City Council to move forward with the plan. He stated the residents need to ask themselves what services they are willing to pay for. Mrs. Beverly Morocco expressed concern with the cuts that have already been made and stated there are other things that could be done, such as eliminating bonuses and longevity pay and recalculating pensions. She suggested the Council members review each line item in the budget individually and look for places to cut that would not affect the operation of the City. Regular City Council Meeting Tuesday, May 21, 2013 Page 6 Mr. Joseph Rimarcik supports the resolution, but not as presented. He suggests it be split and be no longer than 4 years. Ms. Linda Godfrey is in favor of supporting our police and fire and taking care of the roads, but she is not in favor of combining the three into one. She spoke adamantly against Fire Department transporting and hopes this does not occur. Ms. Godfrey suggested the City Council postpone this item until all residents have had an opportunity to read about it. Moved by Ziarko, seconded by Notte, RESOLVED, to adopt the resolution placing on the ballot for the November 5, 2013 election an amendment to the City Charter for the purpose of authorizing the levy of 2.5 mills for 6 years as a special dedicated millage for police and fire protection and local street improvements. Councilwoman Ziarko asked that residents at least give the City Council some credit for placing this on the ballot and letting residents decide what kind of City that want to live in. She pointed out the intention of the 2.5 mills is to provide some relief in our General Fund, not to pay employees more. She would like to see some of the eliminated programs, such as mosquito spraying in the parks, restored with the 2.5 mills. Councilwoman Ziarko does not want to separate the question, stated she was never in favor of the 10 years and encouraged residents to go on the City website and see what they paid in taxes for 2005. Mayor Notte agrees with the reduction from 10 to 6 years and leaving the question the way it is. He stated we are talking about $157.00 a year, $13.00 a month for services we need in Sterling Heights and for the amount of taxes we pay, this is a compliment to the Administration and City Council. Mayor Notte pointed out all the money the City has lost since 2002 in property taxes and revenue sharing cuts. He discussed the concessions the City has been asking for from the employees for the past 2-3 years, the employees that have been laid off and the departments that are down to bare bones. Mayor Notte states he would never support anything besides a full time Police and Fire Department, but it is up to the residents that would be voting on November 5th. Councilwoman Koski agrees with the comments made by Councilwoman Ziarko and Mayor Notte. She is in favor of 6 years because we don’t know where the City would be Regular City Council Meeting Tuesday, May 21, 2013 Page 7 in 10 years. She stated by going with 6 years, we could look at this again and see if adjustments need to be made. Councilwoman Koski believes the residents need to decide what kind of community they want. She is in favor of combining it and putting it in front of the voters. She stated the City would be putting out information for the residents to make sure they fully understand what they are voting for. Councilwoman Schmidt believes residents like living in Sterling Heights because of the services they have come to appreciate. She stated the City Council is presenting this amendment in a democratic way and the people can either vote for or against it. The issue is about public safety and not giving more to our employees. She also discussed the fact that the employees opened up closed contracts to give back to the residents and they should be commended for that. We are now asking residents to decide what kind of City they want to live in. Councilman Taylor stated he is comfortable with combining the three items into one for a number of reasons. For the sake of keeping it simple, he wants to do it as one combined millage. There were comments about how this would alleviate pressure in the General Fund and we could use the money for other purposes. The Police and Fire budgets are completely funded by the General Fund, so there is about $45 million transferred from the General Fund into the Police and Fire Departments budgets each year. This millage will be dedicated solely to Police and Fire, but the City could reduce the amount that the General Fund uses to fund those departments. Councilman Taylor stated in 2010, Council voted to increase taxes and he was opposed to that. The City is making a great deal of progress in reducing City costs, but there is no way the City could reduce employee costs anymore. The City is unable to offer the same level of services and pay the same wages that we must pay. He stated he is generally opposed to tax increases, but he will vote in favor of putting this tax increase on the ballot and let the residents decide whether it is necessary. Councilman Smith pointed out this would be a 41% tax increase to the residents over 4 years. He believes the City Council needs more time to discuss the issue since it involves the biggest tax increase we have ever had. He stated there is no hurry to pass this tonight since we still have 5 months until Election Day. He moved that this action be postponed Regular City Council Meeting Tuesday, May 21, 2013 Page 8 until the first week in June. There was no support for his postponement. Councilman Smith stated he would be voting against the motion. Councilman Romano stated the City Council knew about this for the past 2 years. He is in favor of it because of the sunset clause of 6 years. Councilman Romano agreed that $157.00 a year is a lot of money, but people have to decide what they want from the City. Roll call vote on motion to adopt the resolution to place the issue on the ballot for November 5th: Yes: Ziarko, Notte, Taylor, Koski, Romano, Schmidt. No: Smith. The motion carried. RESOLUTION This Resolution was made and adopted at a meeting of the City Council of the City of Sterling Heights, Macomb County, Michigan, held at the City Offices on the 21st day of May, 2013. Members Present: Ziarko, Notte, Koski, Romano, Schmidt, Smith, and Taylor Members Absent: None The following preamble and resolution was offered by Member Ziarko and supported by Member Notte. RECITALS A. Section 10.01 of the City Charter establishes the maximum authorized tax levy for ad valorem real and personal property in the City. B. The Michigan Constitution, the Michigan Home Rule City Act, and the Michigan General Property Tax Act authorize a home rule city to increase the maximum charter tax levy for ad valorem real and personal property with approval of a charter amendment by a majority vote of the electors voting at an election at which such charter amendment proposition is submitted. C. Section 20.14 of the City Charter authorizes the City Charter to be amended at any time in the manner authorized by statute, which includes approval of a ballot proposition submitted to the electors of the city at the next regular municipal or general state election. D. Considering the City’s current and projected financial circumstances and the need to maintain police and fire protection in the City and to repair, maintain, and reconstruct local streets within the City, the City Council has determined that it is necessary and appropriate to submit a proposal to amend the City Charter tax rate set forth in Section 10.01 in order to increase the maximum authorized tax levy for the purpose of providing funding specifically dedicated to police and fire protection and local street improvements at the regular election to be held on November 5, 2013. THEREFORE, IT IS RESOLVED by the City Council of the City of Sterling Heights as follows: Regular City Council Meeting Tuesday, May 21, 2013 Page 9 1. The City Council by at least a three-fifths vote of its members-elect, pursuant to the authority granted by the Michigan Home Rule Act, Public Act No. 279 of the Public Acts of Michigan, 1909, as amended, proposes that Section 10.01 of the Charter of the City of Sterling Heights shall be amended to read as follows: 10.01. General powers. The city shall have the power to assess taxes and levy and collect rents, tolls, and excises. The annual ad valorem tax levy shall not exceed six (6) mills for the first four (4) years beginning with the first fiscal year under this charter. The annual ad valorem tax levy shall not exceed nine (9) mills for the next four (4) years, beginning with the fifth fiscal year. Beginning with the ninth fiscal year dating from the adoption of this charter, the annual ad valorem tax levy shall not exceed twelve (12) mills. In addition to the foregoing authorization, the city may levy an annual ad valorem millage not exceeding a total of 2.5 mills, which is comprised of the following dedicated components: 1.7 mills for police and fire protection, and 0.8 mills for local street improvements. This additional annual ad valorem millage shall be effective for a period of six (6) years commencing July 1, 2014 and expiring on June 30, 2020. The annual tax levy shall be applied to the assessed valuation of all real and personal property subject to taxation in the city as equalized by the state, exclusive of any levy required for the payment of principal and interest on outstanding bonds of the city and exclusive of any levy authorized by statute to be made beyond the charter tax rate limitation. The existing Section 10.01 of the Charter of the City of Sterling Heights, which is proposed to be amended by the proposal, reads as follows: 10.01 General powers. The city shall have the power to assess taxes and levy and collect rents, tolls, and excises. The annual ad valorem tax levy shall not exceed six (6) mills for the first four (4) years beginning with the first fiscal year under this Charter. The annual ad valorem tax levy shall not exceed nine (9) mills for the next four (4) years, beginning with the fifth fiscal year. Beginning with the ninth fiscal year dating from the adoption of this Charter, the annual ad valorem tax levy shall not exceed twelve (12) mills. The annual tax levy shall be applied to the assessed valuation of all real and personal property subject to taxation in the city as equalized by the state, exclusive of any levy required for the payment of principal and interest on outstanding bonds of the city and exclusive of any levy authorized by statute to be made beyond the Charter tax rate limitation. 2. The proposed amendment to Section 10.01 of the City Charter shall be submitted to the electors in the following form: CITY OF STERLING HEIGHTS MILLAGE FOR POLICE AND FIRE PROTECTION, AND LOCAL STREET IMPROVEMENTS Shall the Sterling Heights Charter be amended to authorize the levy of an additional ad valorem millage of not more than 2.5 mills for 6 years, from July 1, 2014 to June 30, 2020, for the purpose of providing revenue for police and fire protection, and local street improvements? This 2.5 additional millage authorization shall be specifically dedicated as follows: Regular City Council Meeting Tuesday, May 21, 2013 Page 10  1.7 mills for police and fire protection  0.8 mills for local street improvements This increased millage authorization will raise an estimated $10,400,000 in the first year if fully levied. [ ] YES [ ] NO 3. The City Clerk shall transmit copies of the proposed amendment of Section 10.01 of the City Charter of the City of Sterling Heights to the Governor of the State of Michigan for approval, and transmit a copy of the foregoing statement of purpose of the proposed amendment of Section 10.01 of the City Charter to the Attorney General for the State of Michigan for approval, as required by law. 4. The proposed charter amendment of Section 10.01 shall be, and the same is hereby ordered to be, submitted to the qualified electors of this City at a general election to be held on November 5, 2013, and the City Clerk is hereby directed to give notice of the election and notice of registration for such election in the manner prescribed by law and to do all things and to provide all supplies necessary to submit the charter amendment to the vote of such electors as required by law. 5. The proposed charter amendment of Section 10.01 shall be published in full together with the existing charter section amended by the proposed amendment as part of the Notice of Election. 6. The canvass and determination of votes relating to such ballot proposal shall be made in accordance with the laws of the State of Michigan and the Charter of the City of Sterling Heights. Ayes: Ziarko, Notte, Koski, Romano, Schmidt, and Taylor Nays: Smith CERTIFICATION I certify that the foregoing is a true and correct copy of the Resolution made and adopted by a 6-1 vote of the City Council of the City of Sterling Heights at a regular meeting held on May 21, 2013. Mark Carufel, City Clerk Mayor Notte called a recess at 10:16 p.m. Mayor Notte reconvened the meeting at 10:25 p.m. COMMUNICATIONS FROM CITIZENS Mr. Joel Thomas – Recent actions of Councilman Smith. Mr. Harry Marchlones – Need for Council members to work together. Mr. Chester Rudnicki, 37131 E. Almont Drive – Pollution coming from American Import and Auto Parts site. Regular City Council Meeting Tuesday, May 21, 2013 Page 11 Mr. Jeffrey Norgrove – Ice Cream vendor’s license requirements; Memorial Day Parade. Mr. Charles Jefferson – Investigation into the 911 call made by Councilman Smith; City of Detroit’s financial conditions and effect on Sterling Heights Water Department. Mr. Jack Schaeffer – Citizen participation. Mr. Mike Lombardi – Pollution from American Import and Auto Parts property. Mr. Jim Ackley – How meetings are run; Answers to resident’s questions at City Council meetings; Support for Councilman Smith. Ms. Denise Poloskis of Roslyn Drive – Hazardous fireworks. Mayor Notte advised Ms. Poloskis to visit with Chief Reese during the hours of 6-8 pm on June 3rd. Mr. Joe Judnick – Ryan Road improvements; Item 6, names of candidates for appointments to boards and commissions; Against reappointment of Jeff Norgrove and Charles Jefferson when their terms are expired. CONSIDERATION 3. Mr. Frank Palazzolo, counsel for the applicant, explained the request to transfer ownership of 2013 Class C liquor license with dance permit from Couples, Inc. to Miles Enterprises, LLC. The sole proprietor, Marie Tokar, was also present. Moved by Romano, seconded by Notte, RESOLVED, that the request with the Michigan Liquor Control Commission to transfer ownership of 2013 Class C liquor license with dance permit, located at 37722 Van Dyke, Sterling Heights, MI 48312 from Couples, Inc. to Miles Enterprises, LLC, is recommended for approval. Councilman Romano pointed out this has been investigated by our Police Department and Administration. Yes: All. The motion carried. 4. Mr. John Carlin, appearing on behalf of the applicants, explained the request for transfer of interest for one of the Class C liquor licenses at 14900 – 15000 Metropolitan Parkway. He explained there would be no changes in the operation and they are requesting approval from the City Council. Mr. Kevin Cassidy and Mr. Jim Oegema were present. Moved by Taylor, seconded by Notte, RESOLVED, that the request by Hillside Productions, Inc. to transfer a 99% interest in a Class C Liquor Licensed Business at Regular City Council Meeting Tuesday, May 21, 2013 Page 12 14900 – 15000 Metropolitan Parkway, Sterling Heights, MI 48312 through redemption of shares from existing stockholders Gary Roncelli (500 shares) and Joseph Vicari (490 shares of 500 shares) and transfer of shares to new stockholders Luna Hillside LLC (980 shares) and Dino S. Rotondo (10 shares) is recommended for approval. Councilman Taylor pointed out this is a transfer and he is comfortable with it. Mayor Notte pointed out local communities don’t have much say in liquor license transfers and can only provide comments. Councilman Smith discussed the lavish ceremony held at Andiamo and inquired whether the presence of public officials would present a conflict of interest and prevent him from voting on this issue. Mr. Bahorski responded that without knowing all the details of the event, it’s hard to render an opinion. He believes the decision rests with each Council member. Councilman Smith doesn’t believe they need this liquor license and if there are 25 or 30 events they could get one-day licenses for each of them. He will not vote in favor of this transfer. Mayor Notte stated Councilman Smith is referring to a press release. The company was making an announcement of the opening of Hillside Productions, which has been closed since 2009. He has no problem voting on this issue. Councilwoman Schmidt clarified that the license is already there and they are only changing two of the owner’s names. She expressed concern with the request for additional bar permits to service the expanded licensed premises. Mr. Carlin responded they would be portable bars that they would use if they needed them for a large event. Councilwoman Schmidt pointed out for the record the Macomb County Sheriff’s Department patrols inside the park. Councilwoman Koski questioned the second license held by Hillside Productions and whether it was going to be placed in escrow. Mr. Carlin responded yes they would be putting it in escrow and the only reason they had two liquor licenses was because there were two different owners in the beginning. Regular City Council Meeting Tuesday, May 21, 2013 Page 13 Councilman Romano expressed concern because the County Commissioners are not happy with the transfer that was requested without any notification to them. He stated he would be voting against this request. Councilwoman Ziarko questioned whether the festivals would have to obtain their own one-day liquor licenses. Mr. Carlin indicated no, this license would cover anything that occurs in the park. Roll call vote on motion to recommend approval of the transfer: Yes: Taylor, Notte, Ziarko, Koski, Schmidt. No: Romano. Abstain: Smith. The motion carried. 5. Mr. Zak Essak was present representing Panorama Property’s LLC in the request for a new Class C liquor license with dance-entertainment permit at 42300 Van Dyke. Moved by Taylor, seconded by Notte, RESOLVED, that the request for approval of a new Class C liquor license with dance-entertainment permit located at 42300 Van Dyke, Sterling Heights, MI 43814, Macomb County, to Panorama Property’s, LLC, be considered for approval. Councilman Taylor pointed out this is a new liquor license request and it will reduce the City’s allotment of liquor licenses. He inquired the last time the City issued a new liquor license. Mr. Essak responded it was in 2005 for Carrabbas, which was confirmed by Mr. Carufel. Councilman Taylor stated it has been 8 years and this request is for the former Ping On Restaurant, which has been vacant for many years and was an eyesore. He believes this banquet facility would be an asset to the area. Councilman Taylor stated he is happy to support it and wishes them well. Mayor Notte supports the liquor license and believes there is a public need for this renovation of the former Ping On Restaurant. He pointed out this property is in the corridor improvement area also. Mayor Notte stated Mr. Essak would be investing a great deal of money and wishes them well. Regular City Council Meeting Tuesday, May 21, 2013 Page 14 Councilwoman Koski questioned Mr. Essak’s business experience and whether he planned to open this business and keep it in the family. Mr. Essak discussed the experience he had with markets in Rochester Hills, Clinton Township, Warren and Romeo. He stated his expertise is with the retail side of the business. Councilwoman Koski questioned the work Mr. Essak did with his father and when he obtained all his experience. Mr. Essak responded he worked with his father in a restaurant in Detroit when he was 16 years old. Councilwoman Koski inquired whether it would be his intent to open this business and then pass it on to his nephews and Mr. Essak responded that was his intent. Councilwoman Ziarko questioned the comment made by Mr. Essak at the last City Council meeting when he stated the business could be open 24 hours a day as long as they don’t serve alcohol. She asked him to clarify the hours of operation. Mr. Essak responded the office would be open from 10:00 am to 5:00 pm on weekdays and 10:00 am to 3:00 pm on Saturday. As far as the operation of the banquet facility, the Michigan Liquor Control Commission allows them to sell liquor from 7:00 am to 2:00 am. He stated there would be events when they would open early, but they might not be selling liquor that early. Councilwoman Ziarko stated she has no problem with this request as long as he abides by the same rules as everyone else. She inquired whether he would be managing the facility in the beginning. Mr. Essak indicated he would be the sole manager. Councilwoman Ziarko questioned the funding for the project. Mr. Essak responded he submitted a personal financial statement to Sgt. Belmonte. They have the funds available and are exceeding the minimum that the banks require to move the construction along. The bank requires them to obtain the loan before starting construction. Regular City Council Meeting Tuesday, May 21, 2013 Page 15 Councilwoman Ziarko questioned the start of construction and Mr. Essak responded they are 80-85% finished with the plans, so they expect to start construction as soon as they receive all the approvals. Councilwoman Ziarko questioned the capacity of the banquet facility and Mr. Essak responded 488, including the staff. Councilman Smith stated he is very much in favor of this liquor license request and would like to get some of Palazzo Grande banquet business from Shelby Township in Sterling Heights. Councilwoman Schmidt questioned whether the Michigan Liquor Control Commission could still deny this liquor license if the City Council granted it this evening. Sgt. Belmonte responded that was possible. It is a multi-step process. The MLCC doesn’t start an investigation until the City is finished with it. Councilwoman Schmidt inquired whether the petitioner would be eligible for another type of license if a Class C liquor license were denied. Sgt. Belmonte responded if he is denied, he could do the research into an SDD or SDM license or get a temporary license. If they denied the Class C license there would be a very valid reason for it. Councilwoman Schmidt inquired whether there was a specific license granted for a banquet facility and Sgt. Belmonte indicated no, you could have a Class C license in the City and obtain a banquet facility permit added to that license for that address. Vote on motion to approve the new Class C liquor license: Yes: Taylor, Notte, Schmidt, Smith, Ziarko, Koski. No: Romano. The motion carried. 6. Councilman Romano requested this item be postponed due to the late hour, but Mayor Notte and other Council members wanted to proceed with the appointments. Mayor Notte recommended a postponement of the appointments to the Board of Ordinance Appeals II since there are only six applicants for the five positions. He wanted the City to do more advertising for the positions. Mayor Notte recommended the reappointment of Benjamin Ancona, Paul Jaboro and Gerald A. Rowe to the Planning Commission. Regular City Council Meeting Tuesday, May 21, 2013 Page 16 Moved by Ziarko, seconded by Romano, RESOLVED, to confirm the Mayor’s nomination of Benjamin Ancona, Paul Jaboro and Gerald A. Rowe for consideration as appointees to the Planning Commission at the June 4, 2013 regular City Council meeting. Yes: All. The motion carried. Moved by Romano, seconded by Ziarko, RESOLVED, to nominate David Graef, Nick Najjar and Raymond D. Washburn for consideration as appointees to the Zoning Board of Appeals at the June 4, 2013 regular City Council meeting. Yes: All. The motion carried. Moved by Schmidt, seconded by Romano, RESOLVED, to nominate Joseph DiGaetano and Jennifer Hartson for consideration as appointees to the Board of Ordinance Appeals at the June 4, 2013 regular City Council meeting. Yes: All. The motion carried. Moved by Romano, seconded by Schmidt, to postpone nominations for appointments to the Board of Ordinance Appeals II to the regular City Council meeting of June 18, 2013. Yes: All. The motion carried. Moved by Romano, seconded by Notte, RESOLVED, to nominate Betty Jane M. Sukkar and Mark Valente Jr. for consideration as appointees to the Board of Review at the June 4, 2013 regular City Council meeting. Yes: All. The motion carried. Moved by Romano, seconded by Ziarko, RESOLVED, to nominate Richard R. Weiler for consideration as an appointee to the Pension Board – General Employees at the June 4, 2013 City Council meeting. Yes: All. The motion carried. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski at this time. Mr. Vanderpool responded to Mr. Rudnicki’s concerns and assured him and the audience that the City has and is taking appropriate action on Mr. Rudnicki’s letter. He immediately emailed the information to the City Attorney, the DPW Director, the Building Official, the Risk Manager, the Property Maintenance Supervisor, the City Planner and Building Services Manager for their thorough review. In addition to the Regular City Council Meeting Tuesday, May 21, 2013 Page 17 thorough internal review, the City has been in contact with the Macomb County Health Department and the State Department of Environmental Control. The DEQ has also been out to the site and reviewed the situation very carefully. Mr. Vanderpool stated he would make sure Mr. Rudnicki receives the latest update. Councilman Romano spoke about the church under construction on M-59 near Ryan Road. Councilman Smith responded to Mr. Ackley’s comments regarding the construction of the church on 16-1/2 Mile. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 11:46 p.m. MARK CARUFEL, City Clerk