City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JULY 16, 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. 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 on the annual Cool Car Rally to be held during the “Music in the Park” concert on July 18, 2013 from 7-9 pm. The feature band is Magic Bus who will give participants a variety of “oldie but goodies” from the 60’s and 70’s. Mr. Vanderpool reported on 2013 Sterlingfest Art & Jazz Fair the weekend of July 25, 26 and 27. A promotional video was shown at this time. Mr. Vanderpool reported on the first ever SterlingFAST 5K Fun Run & Walk beginning on the morning of July 27 at Dodge Park. Regular City Council Meeting Tuesday, July 16, 2013 Page 2 Mr. Vanderpool reported the Sterling Heights Police Department joins law enforcement agencies across the country in hosting the Annual National Night Out on Wednesday, August 7 at 6:30 pm – 9 pm at the Police Department. Mr. Vanderpool reminded residents the Police Chief continues his monthly outreach program on the first Monday of each month from 6-8 pm. No appointment is needed for residents to make requests for service, ask questions or just discuss issues of importance to them. Mr. Vanderpool reported Chrysler debuted a media event today to give everyone a preview of the new Chrysler Sterling Heights Assembly Plant Paint Shop, which cost over $850 million to construct and will employ over 2,000 employees. At the same time, Chrysler is completing a new body shop just north of the paint shop, pushing the total investment to over $1 billion in Sterling Heights. He pointed out they are the City’s largest taxpayer and the regional impact from both the Chrysler Stamping Plant and the Chrysler Assembly Plant is estimated to be over $500 million annually by way of supplier jobs, retail jobs, housing, construction and other related industry expenditures. This news highlights a remarkable turnaround for the Chrysler facility in Sterling Heights, which in 2009 was scheduled for closure through bankruptcy proceedings. After a broad-based save SHAP effort, including an incentive package, Chrysler reversed their decision to close the plant and reinvest in Sterling Heights. Mr. Vanderpool pointed out this is the only case study of such action in the entire country. That dark day in 2009 is just a fading memory replaced by today’s exciting news. He stated Chrysler is planning an entire Grand Opening in a few months. A short video was shown at this time. Regular City Council Meeting Tuesday, July 16, 2013 Page 3 PRESENTATION Councilman Romano presented the Nice Neighbor award to Todd and Jennifer Hayden, nominated by their neighbor, L’Nora Bieske. ORDINANCE INTRODUCTION 1. Mr. Donald DeNault, Assistant City Attorney, made a presentation explaining the revisions to the existing fireworks ordinance: To clarify that even though consumer fireworks are prohibited in Sterling Heights, pursuant to the state law they may still be ignited, discharged or used between 8:00 a.m. and midnight on the specified holidays (and until 1:00 a.m. on New Year’s Day); To delete the ordinance restrictions governing the “use” of consumer fireworks on the specified holidays, while pointing out that other City ordinances may still be enforced (disturbing the peace, noise violations, littering, etc.); To delete the restrictions on the ignition sources that may be used when igniting consumer fireworks; To delete the age restriction for igniting, discharging and using consumer fireworks (state law only prevents sales to minors and does not restrict use by minors); To add a restriction that anyone not igniting, discharging or using a firework must be a minimum of 25 feet away; To add a new misdemeanor provision for any harm or property damage caused by the ignition, discharge or use of consumer fireworks. Even though the City cannot regulate how those activities are conducted, it can still impose consequences on those who conduct those activities in a manner that causes harm to others; To add a new requirement that every vendor create and display very specific signage (or provide a flyer to every customer) to advise all patrons of the laws and ordinances governing consumer fireworks in Sterling Heights. Proposed language for the Regular City Council Meeting Tuesday, July 16, 2013 Page 4 signs and flyers is included in the draft ordinance. And lastly to add a new provision, due to the state law change, indicate that the municipal civil infraction portions of the ordinance are now punishable by a fine set at $500 per infraction. Previously the City was using a graduated fine schedule of $150 for a first offense and $375, $750 and $1,500 for subsequent offenses. The state has now capped all infractions at $500. Mr. Jeffrey Norgrove suggested that the penalty for any harm or property damage caused by the ignition, discharge or use of consumer fireworks be a felony instead of a misdemeanor. Mrs. Elaine Arnold, 36118 DelRay, discussed the health, safety and welfare of all who happen to be in the City, whether residents or visitors and stated they must be protected. She brought samples of fireworks being used and pointed out the potential dangers. Mrs. Arnold suggested the City begin in May of 2014 to post copies of the fireworks ordinance in City Hall, the Police Department, Senior Center and Library and publish it in the official City newspaper. She also asked that residents be notified that an enforcement officer would be riding up and down the streets writing tickets for violations of the fireworks ordinance. Mr. Charles Jefferson was in favor of posting the fireworks ordinance in the local newspaper and advertising on TV as well as posting it in City offices. He asked Mr. Vanderpool to explain again the 30 days in which fireworks are allowed. Mayor Notte responded state law dictates 10 holidays throughout the year, as well as the day before and the day after when fireworks can legally be discharged. Regular City Council Meeting Tuesday, July 16, 2013 Page 5 Moved by Romano, seconded by Schmidt, RESOLVED, to introduce the ordinance amending Article V of Chapter 20 of the City Code to comply with new state law requirements and to require retailers to provide notice of all state and city regulations to customers who purchase consumer fireworks. Councilman Romano pointed out to the residents the Police officer must actually see the violation before he can write a ticket. He urged residents to continue to call the police so their complaint would be documented. He pointed out from July 3 – July 5 there were 595 total incidents, 165 firework complaints, 28 after midnight and 19 violations issued. Councilman Romano reminded residents the Police officers have more serious issues to address in addition to responding to firework complaints. Councilman Romano charged the City’s legal department to research whether the ordinance could be changed to stipulate that fireworks could only be sold on the day before, the day of and the day after the holiday. Councilwoman Schmidt inquired the possibility of the City placing a fluorescent paper copy of the fireworks ordinance in with the water bills to guarantee that every household receives a copy. Mr. Vanderpool agreed with her suggestion and stated they could place flyers in with the water bills. He pointed out they provide a lot of information in the Sterling magazine, and would continue to do all they could to promote the regulations that the city Council has imposed. Councilwoman Koski asked Mr. DeNault to explain how the noise ordinance would relate to the fireworks ordinance. Regular City Council Meeting Tuesday, July 16, 2013 Page 6 Mr. DeNault responded if a person makes noise that can be heard from a public place after 11 pm, they would be in violation of the noise ordinance and a ticket could be issued. Councilwoman Koski inquired whether there was anything else that could be tied into this ordinance to give the City better control. Mr. DeNault suggested neighbors could videotape the actual incidents. Mayor Notte asked Mr. DeNault to address Mr. Norgrove’s comment on the misdemeanor vs. felony charge. Mr. DeNault responded unfortunately, as a municipality, we do not have any authority to adopt felony regulations of any kind. We are limited by state law as a home rule City to a 90-day misdemeanor or up to $500 and up to 90 days in jail. There is no other recourse on the books. Councilwoman Ziarko expressed concern where fireworks are being discharged and stated she wants to see more in the enforcement area. As far as the vendor creating and displaying very specific signage, she suggested they obtain a copy of a standard requirement from the City, so it would have uniform verbiage and it would be mandatory that they put up what the City requires. Also, to include the same requirements with each purchase a person makes. If a vendor fails to supply the customer with a flyer, they would be subject to a penalty or fine. Councilman Smith stated he would reluctantly vote in favor of this ordinance introduction because it can’t hurt anything. He is not the least bit convinced that this is nothing more than an empty token gesture. He stated the legislature has managed to Regular City Council Meeting Tuesday, July 16, 2013 Page 7 come up with a state law that offends virtually everybody, other than the fireworks vendors, a few inconsiderate people that light them off, maybe some landowners or mall owners who get rent off the use of their parking lots, maybe the tent rental people and the 6% sales tax, 4% of which goes to the teacher’s union and then an additional 6% sales tax, which goes directly to the firemen’s union. He believes this is a Lansing problem. Councilman Taylor echoes the comments from his colleagues. He hoped the City could prohibit the sale of fireworks all together, but we can’t regulate the sale of fireworks at all. He inquired how the City could require vendors to post a sign or distribute a flyer in conjunction with the sale of fireworks when we are not allowed to come up with any ordinance regulating the sale, display, storage, transportation, or distribution of consumer fireworks. Mr. DeNault responded that is part of being creative and he doesn’t believe we are regulating the sale, display, storage, transportation, or distribution of fireworks regulated under this act by saying that every vendor must include a flyer or notice. Councilman Taylor wants to see the City require the vendor to post a sign and distribute it to everyone that purchases fireworks in Sterling Heights. He wants the sign to explain what could and could not be done and on the back side have a calendar of all 12 months with some sort of clear indication which days fireworks are permitted and the days they are prohibited. He also wants clear indication on that calendar that says any use of fireworks on any day that fireworks are prohibited will result in a mandatory $500 fine for every violation. With regard to the 25’ minimum, Councilman Taylor would like to see that increased to 50’ or 100’. He stated there are a number of restrictions in the Regular City Council Meeting Tuesday, July 16, 2013 Page 8 fireworks ordinance relating to where a person could shoot off fireworks and he would like to see as many infractions as possible piled on each person so that it might possibly deter them from disturbing young children and pets and causing havoc in families. He hopes Council would go along with his suggestions for the second reading of this ordinance. Mayor Notte pointed out this is only the introduction of the ordinance and Mr. Bahorski is taking notes, so hopefully he can tweak the ordinance for the next meeting. Vote on motion to introduce the ordinance amendment: Yes: All. The motion carried. ORDINANCE ADOPTION 2. Moved by Koski, seconded by Ziarko, BE IT ORDAINED, to adopt the ordinance amending Chapter 20 of the City Code to implement electronic reporting requirements for inspections and tests required under the International Fire Code. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 429 AN ORDINANCE TO AMEND CHAPTER 12 OF THE CITY CODE BY IMPLEMENTING ELECTRONIC REPORTING REQUIREMENTS FOR FIRE CODE INSPECTIONS AND TESTS THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Section 20-23 of Article II of Chapter 20 of the Code of Ordinances shall be amended to insert a local amendment to Section 107.2.1 of the 2009 International Fire Code, in numerical order between the amendments to Section 105.7 and Section 108.1, to read as follows: Regular City Council Meeting Tuesday, July 16, 2013 Page 9 Section 107.2.1 shall be amended to read as follows: 107.2.1. Test and inspection records. Beginning September 1, 2013, all inspection and test reports relating to the requirements of this Code shall be electronically transmitted to the fire department, within seven (7) days, through an electronic information data manager designated by the City to facilitate the collection and transmission of such reports. The reports shall be in a format designated by the electronic information data manager. Every service provider that performs inspections and/or tests within the City, and any entity that performs self-inspections or in-house inspections within the City, shall be required to register with the City’s electronic information data manager and comply with this subsection. The Fire Chief shall designate, and the electronic information data manager shall advise each service provider and affected entities or properties of, the inspections and tests for which the requirements of this subsection will apply. By way of example and not limitation, the requirements of this subsection will apply to fire alarm inspections, backflow inspections, fire pump tests, and inspections or testing of sprinkler systems, fire extinguishers, and emergency lighting. The Fire Chief may only waive the electronic reporting requirements of this subsection for cases of extreme hardship outside the control of the company or entity that performed the inspection and/or test. SECTION 2. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately upon publication of a notice of adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 2nd day of July, 2013, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 16th day of July, 2013. _______________________________ RICHARD J. NOTTE, Mayor _______________________________ MARK CARUFEL, City Clerk INTRODUCED: 07/02/13 ADOPTED: 07/16/13 PUBLISHED: 07/21/13 EFFECTIVE: 07/21/13 Yes: All. The motion carried. Regular City Council Meeting Tuesday, July 16, 2013 Page 10 CONSENT AGENDA 3. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of July 2, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $880,653.57, Water & Sewer Fund - $1,029,007.36, Other Funds - $2,155,333.95, Total Checks - $4,064,994.88. C. RESOLVED, to award the bid for the 2013 Asphalt Resurfacing Program, City Project #13-243, to Pro-Line Asphalt Paving Corp., 11797 29 Mile Road, Washington, MI 48095 for Sections I, II and III in the cumulative amount of $1,048,956.76 and authorize the Mayor and City Clerk to sign the contract on behalf of the City. D. RESOLVED, to approve the Cost Sharing Agreement between the Macomb County Department of Roads and the City of Sterling Heights for a traffic signal upgrade project on Mound Road at the intersections of 15 Mile Road and 17 Mile Road and authorize the Mayor to execute the Agreement on behalf of the City. E. RESOLVED, to: 1. Approve the Michigan Mutual Aid Box System (“MABAS”) Agreement; 2. Authorize the City Manager to designate the City’s MABAS representative; and 3. Authorize the City Manager and City Clerk to sign all documents required in conjunction with participation in the MABAS. Yes: All. The motion carried. Regular City Council Meeting Tuesday, July 16, 2013 Page 11 CONSIDERATION 4. Mr. Norbert Golembiewski, President of American Polish Century Club was present along with Mr. Gary Mruk, past President and Director of Century Charities, Inc. at 33204 Maple Lane. Mr. Golembiewski explained all the charities they provide support to and the scholarships they provide. He requested the City Council approve their request for a Charitable Gaming License. Moved by Ziarko, seconded by Schmidt, RESOLVED, that the request from Century Charities, Inc. of Sterling Heights, County of Macomb, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license be considered for approval; provided, however, that this action is not an endorsement of the organization and the City of Sterling Heights should not be listed on any promotional materials associated with their charitable gaming activities. Councilwoman Ziarko stated the American Polish Century Club is not a stranger to anyone on the City Council and they have been open to the residents of the community for many years. She pointed out they have been a great partner in every event the City has had. She believes in what they do and knows what they have accomplished and where the money is being used. Councilman Taylor pointed out this is not a request by Century Charities for the City Council to grant them a charitable gaming license, as the City Council doesn’t have jurisdiction in that area. He inquired of Mr. Golembiewski whether they are a nonprofit organization operating in the community and Mr. Golembiewski responded they were. Yes: All. The motion carried. Regular City Council Meeting Tuesday, July 16, 2013 Page 12 5. Mr. Steven Overholt, President of Sterling’s Bistro, LLC, was present. Moved by Taylor, seconded by Ziarko, RESOLVED, that the request to transfer ownership of an escrowed Class C liquor licensed business located at 32501 Van Dyke, Warren, MI 48093 from Arcade Saloon, Inc. to Sterling’s Bistro, LLC and transfer location to 13883 Lakeside Circle, Sterling Heights, MI 48313 be considered for approval. Councilman Taylor clarified that this would only be allowing Sterling’s Bistro, LLC to have their own individual license, rather than share a license as they currently do. He inquired whether there was any other change in the use. Mr. Overholt responded there were no other changes. Councilman Romano questioned the name of the business, stating there is another Sterling Bistro that has been in the City for many years. He inquired whether this is a second one. Mr. Overholt responded there is no relation to Sterling Bistro and they are Sterling’s Bistro, with an apostrophe s. Councilman Romano questioned the number of years Sterling’s Bistro has been in business and Mr. Overholt responded 2-1/2 years. He inquired of Mr. Bahorski whether this is a legal name. Mr. Bahorski responded Sterling Bistro is a completely separate entity and he checked on them and they are properly registered in Michigan. Mr. Bahorski responded the Michigan Liquor Control Commission would not have allowed them to use that name if there were any problems. Regular City Council Meeting Tuesday, July 16, 2013 Page 13 Mr. Carufel clarified that one is Sterling Bistro and the other is Sterling’s Bistro. Yes: All. The motion carried. 6. Moved by Schmidt, seconded by Ziarko, RESOLVED, to nominate Paul Palmeri for consideration as an appointee to the Board of Ordinance Appeals – Panel II at the August 6, 2013 regular City Council meeting. Councilman Romano questioned the possibility of bypassing the two-step process and just appointing him at this time since Mr. Palmeri has been on other commissions in the City for quite sometime. Mr. Bahorski pointed out the procedures to bypass the two-step process and Councilman Romano withdrew his suggestion. Yes: All. The motion carried. 7. Moved by Romano, seconded by Ziarko, RESOLVED, to appoint Linda McDonald to the Beautification Commission to a term ending June 30, 2016, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Moved by Schmidt, seconded by Romano, RESOLVED, to appoint Ann Williams to the Beautification Commission to a term ending June 30, 2016, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Regular City Council Meeting Tuesday, July 16, 2013 Page 14 Moved by Romano, seconded by Ziarko, to postpone the appointment to the Citizens Advisory Committee-Community Development Block Grant to the meeting of August 6, 2013. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS The following residents spoke about water problems on Morang causing their basements to flood: Mr. Mark Scheuerman, 44638 Morang Mr. Chris Limback, 44869 Morang Mr. Robert Hildebrandt, 44717 Morang Mrs. Carol Ceci, 44833 Morang Mr. Bruce Houston, 44643 Morang Mr. Jim Vandesteene, 44665 Morang Mr. Edward Binkowski, 44815 Morang Mr. Dennis Schoenherr, 44746 Morang Mrs. Ellen Hildebrandt, 44717 Morang Mr. Ted Chudzik, 44775 Morang Mr. Matthew Huggins, 44674 Morang Mr. Mike Ogurek, 44757 Morang Mr. Bernard Storm, 44739 Morang Mrs. Betty Ebert, 11353 Canal Mrs. Diane Scheuerman, 44638 Morang Regular City Council Meeting Tuesday, July 16, 2013 Page 15 Mr. Donald Paquette, 44852 Morang Mr. Jim Bauer, 44816 Morang Mrs. Tammy Smith, 11071 Canal Mr. Steven Putnam, 44728 Morang Mrs. Elaine Arnold, 36118 DelRay – Fireworks (Called out of order by Mayor Notte for speaking on an agenda item) Mr. Charles Jefferson – Stranger danger notification to parents; Status of abandoned Lone Star Restaurant on Van Dyke; Use of food trucks at locations in the City. Mr. Vanderpool addressed the water issue on Morang Drive and stated he didn’t have any answers tonight, but provided some background information and offered his sympathy to the residents. He pointed out the different resources the City has available to come up with a solution. Mr. Vanderpool stated the rainfall the City experienced on June 27 was 3 inches of rain in 30 minutes and this is equal to a 5-year rain event. There was another 3 inches on July 10th. The storm sewers in general are designed to move 2 inches of water per hour. When more than 2 inches of rain falls in less than an hour, we have a problem. Mr. Vanderpool stated they are looking at the entire area and will do this as expediously as possible. Mayor Notte stated none of the Council members like to see unhappy residents and we will all do our best to get administration to find a permanent solution for the residents as quickly as possible. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski at this time. Regular City Council Meeting Tuesday, July 16, 2013 Page 16 Mr. Vanderpool responded to Mr. Jefferson they are staying on top of the situation with the vacant Lone Star Restaurant on Van Dyke at 14 Mile Road. Councilman Romano sympathized with the residents on Morang and stated the City Council will stay on top of this issue and will get it done as quickly as possible. Councilman Smith looked at this property on Google Earth and stated no one on surrounding streets have experienced any problems that he is aware of. Apparently there is a broken or damaged line in the storm sewer system that is affecting this street. He pointed out the Medical Center has been there over 3 years and the residents are only now experiencing water problems. Councilman Smith moved that the City immediately go out for bids for a professional contractor to find and research this problem. There was no support for his motion. Councilwoman Ziarko stated she would not go along with going out for bids right away. This is not a matter of policy for the City Council to do at the Council meeting. The City Council needs to sit down with Administration first to discuss this issue. Councilwoman Ziarko stated this will be a priority for all the City Council members. Councilwoman Koski stated the City already has a consulting firm in place, HRC and inquired whether there has been any contact with them. Mr. Vanderpool responded as part of their process they will be utilizing expert engineers throughout the process. Councilman Taylor supports the idea of doing anything they can to get all of the residents the relief they need. He will be asking the City Attorney to research the process for this type of issue. Regular City Council Meeting Tuesday, July 16, 2013 Page 17 Councilwoman Schmidt echoes the sentiments of all her colleagues on the City Council. She was irritated by the verbiage used by Mr. Vanderpool and hopes he doesn’t really mean they are going to do a study. She stated we need answers and there are professionals who can help sooner than later. She agrees with a group meeting between the residents and the City. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:45 p.m. MARK CARUFEL, City Clerk