City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 20, 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: Richard J. Notte, Joseph V. Romano, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Council Member absent: Deanna Koski. Also Present: Mark Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Councilman Smith removed Consent Agenda Items D & E and made them Consideration Items 3 and 4. Moved by Taylor, seconded by Romano, to approve the Agenda as amended. Yes: Taylor, Romano, Schmidt, Smith, Ziarko, Notte. Absent: Koski. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported the Sterling Heights Nature Center’s Open House is scheduled for Saturday, August 24th at 10 am – 4 pm. This free event is an excellent opportunity to become acquainted with the Center and all it has to offer. Regular City Council Meeting Tuesday, August 20, 2013 Page 2 Mr. Vanderpool reminded residents all City Offices and the 41-A District Court Building will be closed for the entire Labor Day weekend including Friday, August 30, 2013 for a contractual unpaid furlough day. Labor Day will be celebrated on Monday, September 2, 2013; therefore there will be no refuse collection on Monday. Refuse collection will resume on Tuesday and will be delayed one day through the end of the week. Normal business hours will resume on Tuesday, September 3. Mr. Vanderpool presented work updates on several road projects: the Amsterdam paving project has just started and will be completed by late summer or early fall; the Gainsley Drive repaving has started with Fortner and Wheaton to follow in the ensuing weeks; Concrete replacement has started on Schoenherr between 14 and 15 Mile Road and should be finished in the next month; Delco repaving will start in a couple weeks; Gardner street will start next week; 17 Mile repaving from Utica Road to Schoenherr will start in the next couple of months; 19 Mile Road west of Ryan deceleration lane will be completed next week, intersection at Saal and Rice will be completed next week; Tyler Drive is in the final phase of completion; Ryan Road repairs are now completed; Construction of turn lanes at 15 Mile and Dodge Park and Maple Lane will commence next spring. Mr. Vanderpool added a good portion of this work is being funded through a stop gap measure approved by the City Council in the current budget cycle, but it is a one time funding source. Mr. Vanderpool pointed out while the list of road projects is impressive, the City is not keeping up with neighborhood road improvements due in large part to major reductions in state gas tax revenue. He stated to those residents who hear information about state road funding proposals being bantered about in Lansing, none of Regular City Council Meeting Tuesday, August 20, 2013 Page 3 those proposals do very much for neighborhood roads, in fact there is very little if anything to address funding of neighborhood roads. PRESENTATION American-Polish Century Club President Norbert Golembiewski pointed out the Sterling Heights City Council beat the Warren City Council by eating 109 to their 82 and won the 2013 Pierogi Eating Championship at the 33rd Annual Polish Summer Festival. He presented a check for $500.00 to the Sterling Heights Community Foundation Director Michelle Murphy. Moved by Taylor, seconded by Schmidt, RESOLVED, to acknowledge the donation by the American-Polish Century Club to the Sterling Heights Community Foundation in the amount of $500 in recognition of Sterling Heights winning the 2013 Pierogi Eating Championship at the 33rd Annual Polish Summer Festival and congratulate coach, Mayor Richard J. Notte and team members, State Representative Henry Yanez, Mayor Pro Tem Michael C. Taylor, Natalie Schmidt, Jordan Schmidt and Brandon Prellberg. Yes: Taylor, Schmidt, Smith, Ziarko, Notte, Romano. Absent: Koski. The motion carried. Dr. Robert Livernois, Superintendent of Warren Consolidated School District, introduced Mr. Michael McLane, Psychology Teacher at Sterling Heights High School, Principal Allison Roberts and Trustee on the Board of Education Sue Kattula. He announced Sterling Heights High School was recognized by Newsweek magazine as one of the top 2,000 high schools in the nation. Newsweek awards this distinction based on the following criteria: College preparedness of students attending the high school; graduation Regular City Council Meeting Tuesday, August 20, 2013 Page 4 rates; participation in college-level classes and acceptance into a two or four-year college program. He stated SHHS scored very high based upon its 97 percent graduation rate and with 80 percent of its graduating seniors attending college. Dr. Livernois presented a banner attesting to SHHS recognition as a top high school and requested that the City of Sterling Heights display it in a prominent place in City Hall. Dr. Livernois expressed his appreciation to Sterling Heights Police Liaison Officer Scott Sorensen for his attention to SHHS and stated he is a tremendous asset to the students and the entire staff. Moved by Schmidt, seconded by Ziarko, RESOLVED, to congratulate the administrators, staff, parents and students of Sterling Heights High School upon its recognition as a top 2,000 national high school by Newsweek magazine and to receive a commemorative banner for display at City Hall as an acknowledgement of this outstanding achievement. Councilwoman Schmidt read the resolution into the record: ~ Resolution ~ A resolution congratulating the Warren Consolidated School District and the administration, faculty, staff, parents, and students of Sterling Heights High School on being recognized as a top 2,000 national high school by Newsweek magazine. For the past 43 years, Sterling Heights students and their families have benefited from an exceptional array of educational opportunities provided by Warren Consolidated School District (WCS) and Sterling Heights High School (SHHS). Today, SHHS students can participate in a wide variety of exceptional educational programs, including offerings through the Macomb Mathematics Science Technology Center and Career Prep Center. The educational programs and dedicated effort by administrators, teachers, parents and students have combined to create an positive educational environment at SHHS where high academic achievement is a reality. Regular City Council Meeting Tuesday, August 20, 2013 Page 5 Newsweek magazine recently recognized SHHS’ excellence in education by naming it as a top 2,000 national high school. Newsweek bestows this distinction on high schools who rank high in the following academic criteria: college preparedness of students; graduation rates; participation of students in college- level classes, including advanced placemen and international baccalaureate courses; and, acceptance rates for graduating students at two- and four-year colleges and universities. SHHS scored very high based upon its 97 percent graduation rate and with 80 percent of its graduating seniors attending college. This distinction would not be achievable without the work and dedication of WCS Superintendent Dr. Robert Livernois, SHHS Principal Allison Roberts, the counselors and teaching staff, and the parents and students of SHHS. It is most gratifying to see this collaborative effort being recognized nationally for the positive impact it is having in the educational process. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, congratulates the Warren Consolidated School District and the administration, faculty, staff, parents, and students of Sterling Heights High School on being recognized as a top 2,000 national high school by Newsweek magazine. BE IT FURTHER RESOLVED, to receive a commemorative banner being presented by WCS for display at City Hall as an acknowledgement of this outstanding achievement. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 20th day of August 2013. Mark Carufel, City Clerk City of Sterling Heights Yes: Schmidt, Ziarko, Notte, Romano, Smith, Taylor. Absent: Koski. The motion carried. Economic Development Manager Kasey Green introduced Jet’s Pizza and pointed out they started in Sterling Heights in 1978 at the corner of 14 Mile and Ryan and have become one of the largest pizza chains in the country. A video was shown at this time. Councilman Romano read the resolution into the record: Regular City Council Meeting Tuesday, August 20, 2013 Page 6 ~ Resolution ~ A resolution recognizing and congratulating Jet’s Pizza, Inc. and the Jetts Family on the milestone of reaching 300 stores and for 35 years of successful operations. In 1978, Sterling Heights natives and brothers, Eugene and John Jetts, rented a storefront in a retail plaza situated on the eastside of Ryan Road in Sterling Heights. With their mother Elmina Jetts providing the pizza-making skills, Eugene and John began to perfect their unique recipe for “Jet’s Pizza.” From these humble beginnings, Eugene and John thrived in the competitive pizza market. After fourteen years of growth, the Jetts were joined by business partners, Jim Galloway, Jr. and Jeff Galloway. Together, this team developed and grew Jet’s Pizza into the twelfth largest pizza chain in the United States by sales, with over 300 stores located throughout the United States, including 160 stores in Michigan, 23 stores in Macomb County, and 5 in Sterling Heights. Jet’s Pizza now has franchises in sixteen states. Such phenomenal growth could not have been realized without a strong business plan, sheer hard work, and a firm commitment to quality guidelines that ensure the consistent quality and taste of a Jet’s pizza. The success story that is Jet’s Pizza exemplifies how two young men with a commitment to succeed were able to build a nationwide franchise. The city of Sterling Heights is proud of Jet’s Pizza not only because of its success, but because it has remained rooted in this community. Jet’s Pizza’s corporate headquarters is located on Mound Road, just north of Metropolitan Parkway. While Michigan has produced multiple pizza chains, Sterling Heights is home to the best. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, does hereby recognize and congratulate Jet’s Pizza, Inc., and the Jetts Family on the milestone of reaching 300 stores and for 35 years of successful operations. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 20th day of August 2013. Mark Carufel, City Clerk City of Sterling Heights Mr. Eugene Jett explained how he came to Sterling Heights and opened his first Jet’s Pizza. Regular City Council Meeting Tuesday, August 20, 2013 Page 7 Mr. John Jett, Mr. Jim Galloway and Mr. Jeff Galloway thanked the City of Sterling Heights for this recognition. Moved by Romano, seconded by Schmidt, RESOLVED, to adopt the resolution recognizing and congratulating Sterling Heights-based Jet’s Pizza, Inc. and the Jetts Family on the milestone of reaching 300 stores and for 35 years of successful operations. Yes: Romano, Schmidt, Smith, Taylor, Ziarko, Notte. Absent: Koski. The motion carried. CONSENT AGENDA 1. Moved by Taylor, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of August 6, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $910,399.10, Water & Sewer Fund - $1,144,317.26, Other Funds - $1,088,155.58, Total Checks - $3,142,871.94. C. RESOLVED, to approve the rental and cleaning of uniforms and shop towels from Cintas Corporation, 51518 Quadrate Drive, Macomb, MI 48042, for the period September 1, 2013 through August 31, 2016 at unit pricing available through the U.S. Communities Purchasing Cooperative bid. D. Moved to Consideration Item 3. E. Moved to Consideration Item 4. F. RESOLVED, to approve TCO #5-29 to require Paulina Drive traffic to yield at the intersection with Chatsworth Drive. Regular City Council Meeting Tuesday, August 20, 2013 Page 8 G. RESOLVED, to approve Traffic Control Order #6-77 to prohibit parking on the south side of Center Drive within the last 300 yards of its eastern end. H. RESOLVED, to: (A) Approve the Publications Contract between the City of Sterling Heights and J Kraemer Designs, LLC in accordance with City Code §2-227(A) for the period September 1, 2013 to August 31, 2015, with an option to have the City Manager extend the term an additional one-year period upon mutual consent and on the same terms and conditions; and, (B) Authorize the City Manager to execute all documents required in conjunction with this approval. I. RESOLVED, to receive the lawsuit, Fausto Frank Cascioli v. City of Sterling Heights, 41A District Court Case No. S-13-3304-GZ. Yes: Taylor, Romano, Schmidt, Smith, Ziarko, Notte. Absent: Koski. The motion carried. CONSIDERATION 2. Mr. A.J. Dowd, attorney representing Mr. Zehia, President of Three Brothers Management, explained the request to transfer ownership of an escrowed Class C liquor licensed business. He stated Mr. Zehia has complied with all the requirements of the City and has agreed to limit occupancy to 85 individuals because he doesn’t have the funds available to install a sprinkler system as required for over 100 individuals. He stated they are willing to block off the banquet portion and not serve alcohol in that portion, but Regular City Council Meeting Tuesday, August 20, 2013 Page 9 requested a small opening to serve food to patrons in the banquet hall. The applicant is willing to sign whatever agreement the City requires in order to obtain Council approval. Mr. Jeffrey Norgrove questioned whether this would be a restaurant or bar. He inquired about access into their parking lot and expressed concern with patrons of the Dairy Queen. Moved by Romano, seconded by Ziarko, RESOLVED, to recommend that the request to transfer ownership of an escrowed Class C licensed business located at 17450 Hall Road, Suite 161, Clinton Township, MI 48038 from Pizza Rustica Macomb, LLC to Three Brothers Management, Inc. and transfer location to 33120 Ryan, Sterling Heights, MI 48310 with new entertainment period be considered for disapproval based on the following criteria: (A) The proposed liquor licensed facility is not in compliance with the Building and Fire Code’s enforced by the City; (B) The Fire Department and Office of Building Services recommend disapproval due to the lack of Code Compliance; (C) Applicant has failed to demonstrate a public need or convenience for a liquor license at the premises proposed licensed premises; and, (D) Applicant has failed to demonstrate relevant experience in management of a liquor licensed business. Councilman Romano pointed out the applicant’s only experience was in Iraq as a liquor warehouse operator. It doesn’t appear that he has experience in operating a business Regular City Council Meeting Tuesday, August 20, 2013 Page 10 licensed for on-premises consumption of liquor. He doesn’t believe this particular establishment needs a liquor license based on the present use. Councilwoman Ziarko stated the Marcus Restaurant was there for many years without a liquor license. In regard to a banquet hall, she believes patrons of the banquet hall would want liquor. Councilwoman Ziarko is not willing to go against the recommendations and observations of City administration on this item. Councilman Smith asked for an explanation of the relationship between Sindibad’s and Alladin’s and inquired whether it was a competing business or the same business. Mr. Dowd responded it is not the same business and he believes Alladin’s is a coffee shop. It is not a competing business and there is no relationship between the owners. Councilman Smith questioned whether the applicant is the current owner of Sindibad’s and Mr. Dowd responded yes. Councilman Smith stated the petitioner already owns the restaurant as a non-liquor facility and we are only adding liquor to the facility. He stated the parking and traffic flow seems to have worked with the past and current restaurant and he doesn’t see any reason to oppose this request. Councilman Smith pointed out the City is well within the quota of liquor licenses. He inquired about the cost to install a legalized sprinkler system. Mr. Dowd responded his client has informed him it would be about $70,000. Councilman Smith inquired whether there was an existing fire extinguisher system in the building. Mr. Dowd replied there is no existing sprinkler system there. Regular City Council Meeting Tuesday, August 20, 2013 Page 11 Fire Chief Chris Martin explained there are two requirements for having an automatic sprinkler system – by size and by occupancy. This building, because it joins two businesses together, exceeds the 5,000 square foot mark and they could fit more than 100 people in there. He stated regardless of whether there is a liquor license or not, they would not grant occupancy for that building the way it exists until a sprinkler system is installed. Councilman Smith inquired whether there were a large number of restaurants and liquor license establishments in Sterling Heights that operate without a sprinkler system because they are under the numbers. He questioned whether this was a unique case or if this was the first restaurant owner that decided to stay under the numbers and not need a sprinkler system. Chief Martin responded no, it is not the first case, but the codes are there for a reason. There have been several large losses of life in occupancies where there were large assemblies and fire sprinkler systems stop that. He stated even if the applicant stated he was going to keep it under 85 people, there would be no way to enforce that. The occupancy is designed by the size of the building and he believes the occupancy is at 154 for that size room. Councilwoman Schmidt stated to Chief Martin, this has nothing to do with the liquor license; it is a safety issue. She asked if it was because of the size of the building that they would not issue them a Certificate of Occupancy without a sprinkler system. Regular City Council Meeting Tuesday, August 20, 2013 Page 12 Chief Martin responded yes and pointed out the fact that the owners have increased the square footage over the 5,000 and never pulled any permits. They were made aware of this when they did the inspection for the liquor license request. Councilwoman Schmidt stated the Marcus family was there for many years and they may have been in compliance and then changes were made to the building that made it out of compliance. She stated for the safety issue alone, she cannot support the request and, along with the lack of experience in any liquor establishment, she is very uncomfortable with this and would be voting in support of the motion on the floor. Councilman Taylor inquired what the code issues have to do with the liquor license issue. He inquired what the City was going to do one way or the other if the liquor license was approved or if they don’t have a Certificate of Occupancy because they are beyond the capacity and need a fire suppression system. Building Official Mike Viazanko responded Marcus Family Restaurant has been there for many years and it was built under the existing BOCA code. Back then, they were allowed to have 300 occupants prior to having any fire suppression system. That number went from 300 down to 100 when the Code changed. Mr. Viazanko stated because this applicant has increased their occupancy, they are required to install a fire suppression system. Councilman Taylor stated at this point, he would be voting no on the motion on the floor and would be in favor of postponing this until there is a formal agreement stating the restaurant would not be joining with the banquet facility and that they would take whatever steps are necessary to stay in compliance with the codes. Councilman Taylor Regular City Council Meeting Tuesday, August 20, 2013 Page 13 inquired of Mr. Bahorski what would happen if this recommendation for disapproval passes tonight; what would that mean to the Michigan Liquor Control Commission? Mr. Bahorski responded with the recent changes, he doesn’t know how much weight the motion would be given. He stated the problem they have is the timing and our only option is to render an opinion. He suspects the State of Michigan will look at the life safety issue and will probably have the same questions this Council had. He is not sure they will act on it if there is a violation of the state construction code. Vote on motion to disapprove: Yes: Romano, Ziarko, Notte, Schmidt. No: Smith, Taylor. Absent: Koski. The motion carried. 3. Item D from the Consent Agenda: Mr. Harry Marchlones discussed mileage on the police vehicles and a chemical that could be put in the engines to prolong the life of the vehicle. He recommended the Council consider a technical advisory group to see if we are using the best possible solutions. Moved by Smith, seconded by Taylor, RESOLVED, to approve the purchase of preventative maintenance and repair parts for auto, truck and specialty equipment repair from Motown Automotive Distributing Co., 24701 Hallwood Ct., Farmington Hills, MI 48335 as the primary vendor and Genuine Parts Company of Michigan, doing business as NAPA Auto Parts, 30550 Ecorse Road, Romulus, MI 48174 as the secondary vendor at unit pricing available through their respective proposals for a three-year period, with an option to extend the term an additional three years on the same terms and conditions. Regular City Council Meeting Tuesday, August 20, 2013 Page 14 Councilman Romano stated if there is any substance to what Mr. Marchlones has said, it might be something we can bring to the attention of the DPW. Yes: Smith, Taylor, Notte, Romano, Schmidt, Ziarko. Absent: Koski. The motion carried. 4. Item E from the Consent Agenda: Mr. Harry Marchlones supports Mr. Vanderpool’s designation as the City’s voting delegate to the Michigan Municipal League Annual Convention and stated it is very important that we have someone like Mr. Vanderpool, who has a working knowledge of city government. Moved by Romano, seconded by Schmidt, RESOLVED, to designate City Manager Mark D. Vanderpool as the voting delegate for the City of Sterling Heights at the Annual Business Meeting of the Michigan Municipal League to be held on September 18, 2013. Councilman Smith questioned the cost to the City for Mr. Vanderpool to participate in this convention. Mr. Vanderpool responded it is a four-day convention; however, the City is only registered for Thursday at a cost of around $250.00. He will be attending the business meeting on Wednesday evening and there is no charge for that. Councilman Smith pointed out the City Manager is paid full time to manage the City and he should be on the job full time. Councilman Smith stated we have a Mayor who could attend as a representative of the City and he believes an elected official should be the City’s representative. He does not approve of the idea of the City Manager being off the job when we have seven elected officials who could participate. Regular City Council Meeting Tuesday, August 20, 2013 Page 15 Yes: Romano, Schmidt, Taylor, Ziarko, Notte. No: Smith. Absent: Koski. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Michael Rath – Noise from Freedom Hill. Mr. George O’Brien, 33715 Elford – Millage for police and fire; average salary of police officers. Mr. Joel Thomas – Political statement regarding a rodeo clown and President Obama. Mr. Harry Marchlones – Councilman Smith’s burning violation. Mr. Jeffrey Norgrove – Police, Roads and Fire Millage; Life-threatening job of a Police Officer. Chief Martin responded to the burning violation and stated the ordinance is specific; there are no fires allowed in any unapproved containers. Councilman Smith didn’t believe it was appropriate for Chief Martin to respond or make comments on an ongoing lawsuit. Mayor Notte noted Councilman Smith’s comment and asked Chief Martin to respond to the questions from the resident. Chief Martin stated when they receive a call, they go out and educate the residents on the ordinance. There is never any burning allowed, other than regular firewood. In regard to the 50’ from a building, that is when a permit is required for a bonfire. Mr. Vanderpool responded to the comments made by Mr. Marchlones as it relates to the mileage and maintenance on police vehicles. He assured him the City exhausts the useful Regular City Council Meeting Tuesday, August 20, 2013 Page 16 life of all the City equipment. Mr. Vanderpool pointed out it takes almost a year after approval for a police car to be fully equipped and on the road. By that time, there is another 30,000 miles on the vehicle. He assured Mr. Marchlones the City has some of the best mechanics in the business. Mr. Vanderpool responded to the comments from Mr. O’Brien and stated he would be willing to meet with him and provide whatever follow-up information he needs. He stated he respects his opinion and position, but at the same time, he wants to highlight some of the accomplishments we have had with the police and fire by way of pay and benefit concessions. Mr. Vanderpool wanted it known that the police department did not create the financial crisis that cities across the State of Michigan are in. It was the housing crisis that created a large part of the problem and state shared revenue has been cut by almost $30 million since 2002, in addition to the fact that the personal property taxes on manufacturers will be eliminated. Employee wages and benefits are the by- product of that problem. With respect to the police and fire, we have been able to work with the unions and successfully negotiate 15% reduction in pay and benefits. Mr. Vanderpool pointed out new fire fighters no longer get retiree health care, pensions have been reduced by 15%; the amount of pay that could be rolled into a pension, such as overtime and sick time has been reduced by 80%, longevity by 30%. He went on to state new employees that come into the organization, including fire fighters and soon police officers, will not get retiree health care. Mr. Vanderpool closed by stating, while we can debate pay and benefit levels in the police department, there is no doubt we have accomplished a lot in concessions. We have the best police department in the state and Regular City Council Meeting Tuesday, August 20, 2013 Page 17 probably in the country, as attested to by the FBI statistics showing Sterling Heights among the safest communities in the County. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski or Mr. Vanderpool at this time. Councilman Romano responded to comments from Mr. O’Brien and stated yes, we have one of the best Police, Fire and DPW in the state and we pay for what we get, and the wages we pay them are high, it is what they deserve. Councilman Romano pointed out the community is changing and as a result more incidents are happening. He pointed out we don’t have the issues other communities have because we have the best. Councilman Romano wanted to set the record straight about how he had the displeasure of meeting Mr. O’Brien. He stated they met at St. Blaise, not Carleton as alluded to by Mr. O’Brien. Councilman Romano stated in all his years on the City Council, he has never driven a City vehicle; it was his own personal vehicle. This encounter was not about a sign issue, it was regarding another poll worker who was his opponent. Councilman Taylor agrees with Councilman Smith’s position that we should not be discussing an ongoing litigation, especially when it involves a City Council member. He asked Chief Martin to respond to a question he had – if he purchased a fire pit or fire container and placed it in his back yard to burn firewood, would this be a violation of this ordinance we are discussing this evening? Chief Martin responded that would not be a violation of the ordinance, unless it was offensive to his neighbor or another resident. Regular City Council Meeting Tuesday, August 20, 2013 Page 18 Councilman Taylor stated in regard to Jet’s Pizza, he is so proud of the fact that they are from Sterling Heights. Councilman Taylor disagrees with a resident requesting a council member to remove an item from the Consent Agenda and stated the residents are always allowed to speak on agenda items. Councilman Smith announced this week is the Slovak Festival and he hopes everyone comes and enjoys themselves at St. Cyril and St. Methodius Church. Councilman Smith discussed news reporting and the fact that many of the stories are highly exaggerated. Councilman Smith stated he received a letter from Ms. Delores Ashley of The Town Village, which is a Senior Citizen Assisted Living Apartment complex. He stated his wife and him went to Delores’ apartment and she had a western exposure that used to look over a forest, but thirty months ago there was a variance and rezoning that allowed a construction project to begin where this forest used to be. Now thirty months later, there is no work being done and we are stuck with another abandoned construction project at M-59 and Ryan. Councilman Smith reported Monday evening in the Council chambers, there is an Ordinance Board of Appeals meeting and this is item 26 on that agenda. Councilman Smith pointed out the strip malls are owned by the landlords and not the tenants. He believes it is the landlords right to provide sprinklers. ADJOURN Moved by Romano, seconded by Ziarko, to adjourn the meeting. Yes: Romano, Ziarko, Notte, Schmidt, Smith, Taylor. Regular City Council Meeting Tuesday, August 20, 2013 Page 19 Absent: Koski. The motion carried. The meeting was adjourned at 9:32 p.m. MARK CARUFEL, City Clerk