City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 6, 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 Walter C. Blessed, Acting 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; Walter C. Blessed, Acting City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Councilman Smith pulled Consent Agenda Item C and made it Consideration Item 7. Moved by Koski, seconded by Romano, to approve the Agenda as amended. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported some good news regarding the curbside recycling program. Waste Management now has just under 6,000 subscribers, exceeding the initial goal of 5,000. As set forth in the original proposal submitted by Waste Management and consistent with the terms of the license, Waste Management is prepared to move the recycle collection day for each subscriber to the same day as trash and yard waste service. Recycling collection will remain as an every-other-week service. Notification will go out Regular City Council Meeting Tuesday, August 6, 2013 Page 2 to subscribers as early as this weekend. Mr. Vanderpool thanked all the participants in the program and encouraged other residents to consider joining. Mr. Vanderpool reminded residents’ nominations for the Beautification Commission’s annual Beautification Awards program, which honors property owners who go above and beyond in terms of landscaping, are due Friday, August 9th. Homes are juried on the “wow” factor for use of color in planting perennials and annuals. Awards are presented in the following categories: single family homes, multiple family complexes, churches, schools and businesses. The Beautification Commission will judge the entries and present Beautification Awards to the winners during a City Council meeting in October. Mr. Vanderpool reported on another interesting event that is upcoming in the Library and stated seniors are invited to a two-part presentation detailing important health care information on Wednesday, August 14th from 2-3:30 p.m. in the Library Programming Center. Presented by the Michigan Department of Licensing and Regulatory Affairs, Office of Financial and Insurance Regulation, the program will feature two portions: Health Insurance: Getting the Basics and The New Health Care: What it means for Seniors. He informed the seniors registration is required. PRESENTATION Tammy Turgeon, Community Services and Library Director, introduced members of the Friends of the Library: President Kathy Mohnach, Vice-President Mary Pawlowski, Regular City Council Meeting Tuesday, August 6, 2013 Page 3 Membership Chair Emily Flannery and Bookstore Chair James Waldrop. Library Board of Trustees: Chairman Donald Schinzing, Jo Berthet, Susan Biolchini and June Hughes. Kathy Mohnach presented a check on behalf of the Friends of the Library for $1,000.00 to the Sterling Heights Public Library for an aquarium for the Youth Services Area of the Library. Ms. Turgeon pointed out the Friends of the Library have been so generous since they first gathered on October 14, 1976 for an organization meeting. At that time, the Sterling Heights Public Library was housed in a three-bedroom residence situated on the grounds of the current Library. Though few in number, the inaugural members of the Friends of the Library undertook to improve the library by conducting book sales that raised critically-needed funding for the purchase of a library card laminator, a day-long film festival and a children’s listening center. Who knew that these dedicated individuals were planting the seeds that, nearly thirty-seven years later, helped to develop the Sterling Heights Public Library into a multi-faceted, public institution of learning and fun. With this most recent donation of $1,000.00, the cumulative financial contributions by the Friends of the Library to the Sterling Heights Public Library now exceeds $1,000,000.00. She stated it is truly remarkable that the majority of this impressive amount was raised by the Friends of the Library a few dollars at a time. Among the notable acquisitions and services made possible by Friends of the Library donations include:  Artwork, including the famous “The Bears” statue that is a landmark feature located just outside of the Sterling Heights Public Library. Other artistic pieces Regular City Council Meeting Tuesday, August 6, 2013 Page 4 made possible by the Friends of the Library include “In Use”, a sculptural relief situated on the second floor wall and the “Children’s Art Garden”.  Subscription to “Overdrive”, which provides e-books and e-audio books for patrons to borrow. In addition, the Library’s movie license and book club kits are funded by Friends of the Library financial donations.  Furniture and fixtures, including the Information Desk, located at the Library entrance, and book carts.  Youth Services programming, including the acclaimed Summer Reading Program.  Books, including an annual sponsorship for the library collection of over $30,000. Both large print books and the international magazine collection benefit from the financial assistance from the Friends of the Library. Kathy Mohnach stated the Friends of the Library need help meeting their fund-raising goals for the Library. She pointed out all the money the Friends make through the bookstore, membership and donations buys needed items for the Library. Moved by Ziarko, seconded by Schmidt, RESOLVED, to acknowledge and thank the Friends of the Library for cumulative donations to the Sterling Heights Public Library in excess of $1,000,000.00 Yes: All. The motion carried. ORDINANCE ADOPTION 1. Assistant City Attorney Donald DeNault made a presentation explaining the amendments made since the July 16, 2013 regular City Council meeting when the ordinance was Regular City Council Meeting Tuesday, August 6, 2013 Page 5 introduced. He stated in addition to the distance requirement, they came up with a proposal for adults to not be within 25’ and minors to not to be within 50’ of the ignition or discharge of fireworks, stating this is a public safety measure. The second requirement requires fireworks vendors to both hand out and post the requirements, rather than allowing vendors to choose one or the other. The last requirement is that the flyers handed out by vendors include a calendar on the reverse side with all of the lawful dates for using consumer fireworks highlighted for easy reference by the consumer. Moved by Romano, seconded by Ziarko, BE IT ORDAINED, to adopt, as amended, 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 consumers who purchase consumer fireworks. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 430 AN ORDINANCE TO AMEND ARTICLE V OF CHAPTER 20 OF THE CITY CODE TO COMPLY WITH NEW STATE LAW PROVISIONS GOVERNING FIREWORKS THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Section 20-115 of the City Code shall be amended to read as follows: (A) Pursuant to state law, a person shall not ignite, discharge, or use consumer fireworks on public property, school property, church property, or the property of another person without that organization's or person's express permission to use those fireworks on those premises. "Property of another person" includes hotel and motel property, apartment property, and condominium property, where an owner, management company, or association has or retains authority and control over the use of the property or common areas. A person who violates this subsection is responsible for a state civil infraction as provided by law. A person who receives a state civil infraction citation for violating this subsection and who commits another violation of Regular City Council Meeting Tuesday, August 6, 2013 Page 6 this subsection within 72 hours of the first violation shall be guilty of a misdemeanor, punishable as provided in Chapter 1 of the City Code. (B) An individual who uses, ignites, or discharges consumer fireworks or low-impact fireworks while under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance is guilty of a misdemeanor, punishable by up to 30 days in jail and/or a fine up to $500.00, or if the violation caused damage to the property of another person, by up to 90 days in jail and/or a fine up to $500.00. (C) An individual who violates the smoking prohibition under NFPA 1124, 7.3.11.1 (smoking within 50 feet of a consumer fireworks retail sales area) is guilty of a state law misdemeanor punishable as provided in the Act. (D) Consumer fireworks shall not be ignited, discharged, or used in the city. Exceptions: (1) On the day preceding, the day of, and the day after a national holiday a person may ignite, discharge, and use consumer fireworks between the hours of 8:00 a.m. and midnight; and (2) On New Year’s Day a person may ignite, discharge, and use consumer fireworks between the hours of midnight to 1:00 a.m. and 8:00 a.m. to midnight. (E) State law prohibits any ordinance enacted under the Fireworks Safety Act from regulating the ignition, discharge, or use of consumer fireworks on the day preceding, the day of, or the day after a national holiday, except during the hours between 12:00 a.m. and 8:00 a.m. and between 1:00 a.m. and 8:00 a.m. on New Year’s Day. However, state law does not prohibit enforcement of other ordinances not adopted under the Fireworks Safety Act, nor does the state law provide immunity for noise and community disturbances committed as a result of igniting, discharging, or using consumer fireworks. Therefore, other violations of the City Code committed during or as a result of the ignition, discharge, or use of consumer fireworks may still be enforced, including but not limited to: (1) Disturbing the public peace; (2) Violating the city's noise ordinances; (3) Violating the city's nuisance ordinances; or (4) Creating or depositing litter in violation of the city's littering ordinances. All other City ordinances not adopted pursuant to the Act and not directly or specifically targeted at the use of consumer fireworks shall continue to apply and may be enforced at any time of the year, even on the day before, during, or the day after a national holiday. Regular City Council Meeting Tuesday, August 6, 2013 Page 7 (F) No adult person other than the person igniting, discharging, or using a consumer firework shall be within 25 feet of a consumer firework that is being ignited, discharged, or used, and no minor shall be within 50 feet of a consumer firework that is being ignited, discharged, or used, unless such adult or minor is on his or her own neighboring property. Any person with control over the property who allows any adult or minor to violate this subsection shall also be in violation of this subsection. The City Council hereby finds that a motivating factor for the use of consumer fireworks is the presence and reaction of spectators, and the purpose of this subsection is to discourage family members, neighbors, guests, onlookers, and spectators from too closely gathering around the use of consumer fireworks, thereby subjecting themselves to potential injury by a person who is allowed under state law to ignite consumer fireworks without any regulation of such activity. This subsection shall be liberally construed to achieve the goal of protecting spectators from potential harm. (G) It shall be a misdemeanor punishable as provided by Chapter 1 of the City Code if, as a result of having ignited, discharged, or used a consumer firework, any harm or damage is caused to any person or the property of another . (H) Every fireworks vendor advertising consumer fireworks for sale within the City shall provide notice, as set forth in this subsection, to every purchaser of consumer fireworks by including an 8½” x 11” flyer with every purchase and by displaying a sign affixed to each side of any display area or temporary facility or consumer fireworks retail stand, as both are defined by the Michigan Administrative Code, where fireworks are sold at retail. To be in compliance with this subsection, the font on a flyer shall be no smaller than 14 point boldface type, and the lettering on a sign shall be visible and discernible from every point of sale and, for temporary facilities, from a distance of at least 20 feet outside the footprint or boundaries of the facility. Each day that a vendor remains out of compliance with the requirements of this subsection shall be chargeable as a separate offense. At a minimum, each flyer and/or sign shall contain any information required by the City Manager, the Police Chief, or the Fire Chief, as well as all of the following information: Regular City Council Meeting Tuesday, August 6, 2013 Page 8 NOTICE OF CITY AND STATE LAWS 1. FIREWORKS THAT LEAVE THE GROUND ARE PROHIBITED IN STERLING HEIGHTS, EXCEPT ON 10 NATIONAL HOLIDAYS, INCLUDING THE DAY BEFORE AND THE DAY AFTER THOSE HOLIDAYS (A TOTAL OF 30 DAYS PER YEAR). THE HOLIDAYS ARE NEW YEAR’S DAY; MARTIN LUTHER KING, JR’S BIRTHDAY; WASHINGTON’S BIRTHDAY; MEMORIAL DAY; INDEPENDENCE DAY; LABOR DAY; COLUMBUS DAY; VETERANS DAY; THANKSGIVING DAY; AND CHRISTMAS DAY. 2. FIREWORKS THAT MAKE NOISE THAT CAN BE HEARD FROM ANY PUBLIC PLACE MAY NOT BE USED AFTER 11:00 P.M. 3. DURING THE 30 DAYS EACH YEAR WHEN FIREWORKS THAT LEAVE THE GROUND ARE PERMITTED, THEY MAY NOT BE USED BEFORE 8:00 A.M. AND MAY NOT BE USED AFTER MIDNIGHT (1:00 A.M. ON NEW YEAR’S DAY). 4. FOR FIREWORKS THAT LEAVE THE GROUND, ONLY THE PERSON IGNITING THE FIREWORKS MAY BE WITHIN 25 FEET, AND MINORS MAY NOT BE WITHIN 50 FEET. 5. FIREWORKS THAT LEAVE THE GROUND MAY NOT BE DISCHARGED ON GOVERNMENT PROPERTY, INCLUDING PARKING AREAS, STREETS, AND SIDEWALKS, OR ON PROPERTY OWNED BY ANOTHER UNLESS YOU HAVE EXPRESS PERMISSION FROM THE GOVERNMENT OR THE PROPERTY OWNER TO DISCHARGE FIREWORKS. 6. FIREWORKS THAT LEAVE THE GROUND MAY NOT BE USED BY A PERSON WHO IS UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR AND/OR ANY CONTROLLED SUBSTANCE (INCLUDING PRESCRIPTIONS). 7. DISTURBING THE PEACE, NOISE AND NUISANCE VIOLATIONS, AND LITTERING ARE MISDEMEANORS. YOU ARE RESPONSIBLE FOR CLEANING UP ANY FIREWORKS DEBRIS THAT ENDS UP ON PROPERTY THAT IS NOT YOUR OWN. 8. POLICE AND FIRE OFFICIALS MAY CITE YOU FOR MISDEMEANOR OR CIVIL INFRACTION VIOLATIONS OF STATE LAWS AND CITY ORDINANCES, WITH FINES SET AT $500 FOR EACH VIOLATION. OFFICIALS MAY ALSO CONFISCATE ILLEGAL FIREWORKS AND FIREWORKS BEING USED UNLAWFULLY. YOU WILL BE RESPONSIBLE FOR THE COST OF DISPOSING OF THOSE FIREWORKS. The reverse side of every flyer shall depict a standard calendar for the applicable year, with each day on which consumer fireworks may be used highlighted for easy reference. The title on the calendar side of the flyer shall read: “Consumer fireworks may only be used on 30 days each year, subject to the rules on the reverse side. Permitted days are highlighted on the calendar below.” (I) Any individual who violates the restrictions in (D), (F), or (H), or who aids, abets, perpetuates, participates in, or otherwise promotes the actions of the individual that violate said restrictions, may be cited and prosecuted for the applicable ordinance violation(s) and/or shall be responsible for a municipal civil infraction, punishable as provided in Chapter 1 of the City Code. If the unlawful activity does not cease or resumes within 72 hours after issuance of a municipal civil infraction citation, the owner, occupant, or other person with control of the real Regular City Council Meeting Tuesday, August 6, 2013 Page 9 property where the violations are occurring and/or the person who has or shares control of the fireworks shall be guilty of a misdemeanor, punishable as provided in Chapter 1 of the City Code. (J) Any city officer or official who identifies a firework that is in violation of the Act or this Article shall secure the firework and take steps to ensure that the Department is immediately notified of the alleged violation. (K) A law enforcement officer and/or fire official may confiscate and impound all fireworks and fireworks paraphernalia involved in causing a violation of this article or which are found to be within the access and control of the violator(s). If the impounded items are lawful to possess, they may be retained as evidence until any court proceedings or citations have been adjudicated and any probationary periods have been completed. If the impounded items are unlawful to possess, the police department or fire department shall dispose of or destroy the items in accordance with evidence protocols that will still allow for effective prosecution of the charged offenses without actual retention of the items. If any fireworks are retained by the city, they shall be stored in compliance with the Act and rules promulgated under the Act. The person from whom fireworks are seized under the Act or this Article shall pay the actual costs of storage and/or disposal of the seized fireworks. The police department may dispose of the seized fireworks by providing them to a disposal organization approved by the chief of police or designee, or by allowing them to be used by city police, fire, and code enforcement agencies for training purposes. (L) Unless otherwise specified herein, novelties are not subject to any of the regulations in this Article, except that they may not be utilized in such a manner as to cause, create, or perpetuate a violation of any other section of the City Code of Ordinances. State law reference: MCL 28.451 et seq. Administrative rules: See R 29.2901 et seq. SECTION 2. Subsection (C) of Section 1-9 of the City Code is amended to revise the insertion set forth here, with the remainder of the chart in Section 1-9(C) to be unchanged: 20 Fire Prevention and Protection 20-115(D), 20-115(F), 20-115(H), 20-117(A) (first offense only), 20-117(C) (first offense only) Regular City Council Meeting Tuesday, August 6, 2013 Page 10 SECTION 3. Subsection (B) of Section 1-26 of the City Code is amended to reflect the insertion set forth here, with the remainder of the chart in Section 1-26(B) to be unchanged: (B) The following specific schedule of civil fines payable to the Bureau for admissions of responsibility by persons served with municipal ordinance violation notices shall apply to the civil infractions listed below. Chapter Title Code Section Fine Fire Prevention and 2009 International Fire Code $100 first violation; subsequent Protection Section 111.4 (local amendment) violations are misdemeanors Fire Prevention and 20-101(D), 20-101(F) 20-101(D): $2,500 Protection 20-101(F): Up to $5,000 Fire Prevention and 20-115(D), 20-115(F), 20-115(H) $500 for each violation Protection SECTION 4. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 5. 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 16th day of July, 2013, and was duly adopted at a Regular meeting of the City Council of the City of Sterling Heights on the 6th day of August, 2013. _______________________________ RICHARD J. NOTTE, Mayor _______________________________ MARK CARUFEL, City Clerk INTRODUCED: 07-16-13 ADOPTED: 08-06-13 PUBLISHED: 08-11-13 EFFECTIVE: 08-11-13 Regular City Council Meeting Tuesday, August 6, 2013 Page 11 Councilman Romano stated he is not happy with the fireworks ordinance, but he will accept it, and charged our legal department to see what else can be done Councilwoman Ziarko stated the City is putting restrictions in place, but the biggest changes have to be on the state level. The City is doing its best and hopefully more people will start contacting their representatives to get other changes made. Councilwoman Schmidt inquired whether the City is providing vendors with the flyers. Mr. DeNault responded the vendors are responsible for the flyers, but the City will provide the language. Councilwoman Schmidt inquired whether there was a fine for violation of this requirement. Mr. DeNault indicated yes, a $500 civil infraction. Yes: All. The motion carried. CONSENT AGENDA 2. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of July 16, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $845,775.42, Water & Sewer Fund - $2,173,539.70, Other Funds - $887,250.68, Total Checks - $3,906,565.80. C. Moved to Consideration Item 7. D. RESOLVED, to approve the contract between the City of Sterling Heights and the Michigan Department of Transportation for the asphalt resurfacing of Delco Regular City Council Meeting Tuesday, August 6, 2013 Page 12 Boulevard from Highway M-59 (Hall Road) to Canal Road, City Project #12-234 and authorize the Mayor and City Clerk to sign it on behalf of the City. E. RESOLVED, to waive the competitive bidding requirement in accordance with City Code §2-217(A)(6) and purchase the Desk Officer Online Reporting System (DORS) from Coplogic, Inc., 231 Market Place, Suite 520, San Ramon, CA 94583 in the amount of $22,500 and Coplogic interface from New World Systems Corporation, 888 West Big Beaver Road, Suite 600, Troy, MI 48084 in the amount of $23,080. F. RESOLVED, to receive the lawsuit, Walters vs. City of Sterling Heights, et al; Macomb County Circuit Court Case No. 13-2622-NO. Yes: All. The motion carried. CONSIDERATION 3. Mr. Vanderpool made a presentation explaining in January, 2013, he named long-serving Assistant City Manager/City Clerk Walt Blessed as Interim Human Resources Director. Over the course of the intervening months, Mr. Blessed has performed admirably. Mr. Vanderpool is recommending the appointment of Mr. Blessed as the City’s Human Resources Director effective August 7, 2013. In accordance with both the City Charter and the collective bargaining agreement between the City and the MAPE Executive Unit, City Council confirmation of this appointment is required. Mr. Vanderpool explained Mr. Blessed’s background, which includes a 25-year career with the City. Moved by Romano, seconded by Ziarko, RESOLVED, to confirm the City Manager’s appointment of Walt Blessed as Human Resources Director effective August 7, 2013 in accordance with the Charter of the City of Sterling Heights. Regular City Council Meeting Tuesday, August 6, 2013 Page 13 Councilman Romano agreed with the comments made by Mr. Vanderpool and stated Mr. Blessed has always been very fair and he is an asset to the City. Councilman Smith questioned whether Mr. Blessed is retired and coming back for the two-year option. Mr. Vanderpool stated the City has the option of bringing back an employee for two years and in the case of directors they are paid 67% of their base salary with no additional benefits, other than vacation time. This option offers a twofold benefit to the City: the City will save a considerable amount of money and the City can take advantage of their institutional knowledge during this period of transition. Councilman Smith questioned whether this particular individual is a member of the union and Mr. Vanderpool stated the employees who come back under this option remain members of their respective bargaining units. Yes: All. The motion carried. 4. Mr. Donald Mende, City Planner, made a presentation explaining the reason for the fourth amendment to the Conditional Rezoning Agreement to extend the time limitations by 24 months for Case No. Z-1095. The petitioner is requesting this amendment in order to extend the time periods due to economic conditions, which are limiting development options. If approved by City Council, the new time periods would be as follows: 1. August 21, 2015 – apply for and obtain site plan approval. 2. February 21, 2016 – apply for and obtain a building permit. 3. February 21, 2017 – complete construction. All other terms and conditions of the agreement remain the same. Regular City Council Meeting Tuesday, August 6, 2013 Page 14 The following residents spoke: Mr. Harley Pilarski, 6015 Poplar, is against the extension and stated the property should go back to RM-2 and he would be in favor of an office complex. Mrs. Frances Medlinski, 6010 Poplar, is against the extension because it is a burden on the property owners. Mr. Joe Judnick pointed out all the office complexes that are 100% filled north of 19 Mile Road and stated an office building could be built there and it would be filled. He pointed out the reasons a fast food store would never survive on that property. Mr. Giulio Russo, 6137 Catalpa, believes the petitioner has had ample time to develop this property. He believes it is time to make a decision to look at another alternative or sell the property. Mr. Phil Ruggeri, appearing on behalf of the petitioner, discussed the amount of money it is costing them to maintain this property and stated they have tried every alternative possible to develop it. He is asking the City Council for an extension of time to allow them to continue their search for a tenant for the property. Moved by Taylor, seconded by Ziarko, RESOLVED, to approve the Fourth Amended Conditional Rezoning Agreement between the City of Sterling Heights and Poplar Properties, LLC and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City, Case No. Z-1095. Councilman Taylor agreed with the petitioner that they have put a considerable amount of money into this property and they are in the business of making money and not losing Regular City Council Meeting Tuesday, August 6, 2013 Page 15 money. He sees no harm in granting them an extension and hopes something viable could be build there. Councilman Taylor doesn’t want to see the property vacant again. Councilwoman Ziarko stated the motion is only to allow for an extension. They are not making any changes in the Conditional Rezoning. She pointed out Mr. Ruggeri made several concessions in the Conditional Rezoning Agreement that the City didn’t ask him to do. She stated as long as the property is being maintained and there are no complaints from the residents, she has no problem with an extension. Councilwoman Ziarko asked Mr. Ruggeri if he is open to other ideas on this site and he indicated he was. She inquired if someone from the City’s Economic Development Department came up with an idea if they could approach him with it. Mr. Ruggeri responded they would take any suggestions. Councilwoman Ziarko inquired whether they were intentionally keeping the property vacant and Mr. Ruggeri responded absolutely not. Councilwoman Ziarko inquired how long they would keep the property the way it is or how many more extensions they would need. Mr. Ruggeri responded they have to make a decision because they are losing money. He is hoping this two-year extension would give them a realistic opportunity to see whether it could be developed or not. He still believes the property has a lot of potential; otherwise he would not have invested in it. Councilwoman Koski inquired what they were marketing the property for with the last amendment to the Conditional Rezoning. Regular City Council Meeting Tuesday, August 6, 2013 Page 16 Mr. Ruggeri responded most of the contact they had was with commercial users, from fast food to a coffee shop and they all want a drive-thru. He stated even drug stores want a drive-thru. Councilwoman Koski inquired whether they had any takers with the last amendment. Mr. Ruggeri stated they had some that were in the works, but they didn’t go through. Councilwoman Koski inquired who was working for them to help market the property. Mr. Ruggeri responded they have experts in engineering and developing, building, attorneys. They have outside brokers that do all the franchising. They are looking at anything and everything. Councilwoman Koski inquired whether they believe it is the economy, rather than the marketing, that is making this property so difficult to develop. Mr. Ruggeri responded people don’t want to take chances. Councilwoman Koski suggested Mr. Ruggeri sit down with the City’s Economic Development Department and see if they can give him some suggestions. Councilwoman Schmidt stated she would rather have an empty lot than an empty building. She stated she has had periodic complaints about the property and the need for grass cutting and hopes Mr. Ruggeri would be a little more aware of that issue. Mr. Ruggeri responded they have a new landscaper and he has taken an aggressive approach to the problem. Councilman Smith stated Mr. Ruggeri has failed to make all the commitments on the first three amendments. He stated he likes Brownfield Developments and will not do anything to give concessions or variances for more Greenfield Developments until we get a Regular City Council Meeting Tuesday, August 6, 2013 Page 17 Brownfield Development. Councilman Smith stated it is not fair to the existing property owners in Sterling Heights to have a commercial building there; therefore, he will vote against the request for an extension. Councilman Romano stated within the last two hours, he had an occasion to drive by the property and the grass was cut. He stated he would be abstaining on the vote for this item. Mayor Notte hopes this is the last extension they would see. Roll call vote on motion to approve the Fourth Amended Conditional Rezoning Agreement: Yes: Taylor, Ziarko, Schmidt, Koski, Notte. No: Smith. Abstain: Romano. The motion carried. 5. Moved by Schmidt, seconded by Romano, RESOLVED, to appoint Paul Palmeri to the Board of Ordinance Appeals Panel II 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. 6. Moved by Romano, seconded by Schmidt, RESOLVED, to appoint Janis Adams to the Beautification Commission to a term ending June 30, 2016, subject to the appointee  Regular City Council Meeting Tuesday, August 6, 2013 Page 18 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 Romano, seconded by Ziarko, RESOLVED, to appoint Grace Pedrie to the Citizens Advisory Committee – Community Development Block Grant to a term ending June 30, 2014, 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. 7. Item C from the Consent Agenda: Mr. Mike Lombardini stated he supports America and the Constitution. He spoke about his concern with government access to private information and had comments about drone strikes in the Middle East and agreements with Russia. He stated we should be concerned about what is being handed down to our children. Moved by Smith, seconded by Taylor, RESOLVED, to adopt the resolution designating September 17th – 23rd, 2013 as Constitution Week in the City of Sterling Heights: ~ Resolution ~ Sterling Heights City Council A resolution of the Sterling Heights City Council designating September 17th through September 23rd, 2013 as Constitution Week in the City of Sterling Heights Whereas, the Constitution of the United States of America sets forth this Nation’s fundamental laws, providing the framework for its governance and the principles under which it must operate; and,  Regular City Council Meeting Tuesday, August 6, 2013 Page 19 Whereas, signed on September 17, 1787 by 55 delegates to the Constitutional Convention in Philadelphia’s Independence Hall, the Constitution and its amendments were written to define and protect the rights and liberties of all American citizens, and were intended to endure for ages to come; and, Whereas, through the years, the Constitution has been amended to meet the changing needs of the American people, but continues to protect our rights as citizens by exercising the principle “to rule by law, not by men;” and, Whereas, it is of great importance that all citizens fully understand the provisions and principles of the Constitution in order to support, preserve, and defend it against all encroachments; and, Whereas, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through 23rd as Constitution Week. Whereas, to commemorate the 226th anniversary of the Constitution of the United States of America and to encourage patriotism and reaffirmation of the ideals set forth by our Founding Fathers, the General Josiah Harmar Chapter of the Daughters of the American Revolution, Sterling Heights, MI, encourages all citizens to observe Constitution Week. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby designates September 17th through September 23rd, 2013 as Constitution Week in the City of Sterling Heights and encourages residents to proudly fly the flag of the United States, celebrate the freedoms guaranteed by the Constitution, and reaffirm their commitment as citizens of this great nation to uphold the duties and responsibilities that good citizenship requires. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Sterling Heights to be affixed hereto on this 6th day of August, 2013. ________________________________ Mark Carufel, City Clerk Councilman Smith stated he supports the constitution. He hopes our City takes a strong look at abiding by the Constitution and avoiding things like new technology that finds ways to invade people’s privacy and to violate the due process of law. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Jeffrey Norgrove – Sterlingfest; National Night Out; DPW’s efforts after the last windstorm; Kudos to Detroit Edison and the Police Department also. Regular City Council Meeting Tuesday, August 6, 2013 Page 20 Mrs. Carol Ceci, 44833 Morang – Flooding on Morang. Mr. George O’Brien, 33715 Elford – Police & Fire Millage; Salary of 10-year Police Officer; Unfunded Liability. Mayor Notte and Mr. Vanderpool responded to comments from Mr. O’Brien. Mr. Jody Horan – Road conditions. Mr. Mark Scheuerman, 44638 Morang – Accountability – Inspections on storm lines; Cleaning of sewer lines; Matching existing topsoil on property. Mr. Chris Limback, 44869 Morang – Concern with cause of rain event. Mrs. Patty Scott, 37423 Barrington – Police officer’s salary; safety of residents. Mr. Giulio Russo, 6137 Catalpa – Pressure surge in water lines; National Night Out. Mrs. Kathy Schoenherr, 44746 Morang – Thank you to the DPW employees, Don, Steve, Lee, Paul, Tom and Everett for their prompt response. Mr. Leonard Celletti, 44870 Morang – Serious flooding problem on Morang. Mr. Joe Judnick – Phone bank at site of former gambling venue; hookah lounge at 15 Mile & Van Dyke; Status of former Ping On Restaurant; Status of old Borg-Warner plant; Chrysler abatement. Mr. Vanderpool gave a brief update to the residents on Morang regarding the storm sewer system. He stated they are using two engineers to help assess the problem. They will be presenting the results to the neighbors at the upcoming meeting. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski or Mr. Vanderpool at this time. Regular City Council Meeting Tuesday, August 6, 2013 Page 21 Councilman Smith discussed police and fire pensions, availability to social security, unfunded police and fire pension fund liability and investments. Councilman Smith discussed flooding problems on Morang and questioned the DPW’s response to complaints. He commented on and questioned the use of sump pumps. He discussed storm water and sewage. He stated cost of labor includes the cost of all employer costs including benefits and other employer costs. He discussed the proposed millage question and low crime in the City. Councilman Taylor stated police and firemen are very well paid in terms of wages and benefits that we cannot afford. He stated that the stock market increase should help fund the police and fire pension fund. He added that the issue with regard to the millage is that there is a plan in place so firefighters and police officers do not have to be laid off right now. People will have a right to vote on the proposed millage question to avoid additional layoffs. Councilman Taylor commented on police and fire wages and benefits, and progress the City made, however, the City must live with the arbitrator’s award. The options are to pay less into those departments or raise the millage. He hopes the City is able to fully explain the choices to the residents. Councilman Romano pointed out Mr. Conigliaro did not buy a new truck for himself; it was for the residents. Councilman Romano stated to the residents on Morang, the City is not ignoring them. The City Council and Administration are very sympathetic to the problems of the residents on Morang and are trying to do something for them. Regular City Council Meeting Tuesday, August 6, 2013 Page 22 Councilman Romano stated the City needs the Police and Fire Departments to keep the citizens safe. He stated that we pay the best to get the best. He commented on response times compared to other Cities. He stated he wants someone to respond when he calls for help. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:00 p.m. WALTER C. BLESSED, Acting City Clerk