City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 1, 2014 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, Doug Skrzyniarz, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported the Board of Review hears property assessment appeals every March. This year, the number of appeals reached a 20-year low with less than 1% (or 352) of total property owners filing appeals. Mr. Vanderpool reported on two shred days coming up: Friday, April 4, 2014 from 9:30 am to 12:30 pm the Senior Center will hold its annual “Shred Day” for Regular City Council Meeting Tuesday, April 1, 2014 Page 2 seniors. Items to be shredded should be in bags or boxes. There is a limit of 3 accountant size boxes worth of shredding. Saturday, April 26, 2014 from 9:00 am to 1:00 pm the Department of Public Works will hold their “Shred Day” for the general public. Limit is 2 Xerox size boxes per vehicle. Mr. Vanderpool reported the Friends of the Sterling Heights Public Library is a volunteer non-profit group dedicated to enhancing and improving library services for our community. Friends’ contributions, fund-raising activities and volunteer efforts support adult and youth program, maintain and improve collections and provide new technologies and capital improvements. Residents can show their support by eating at Max & Erma’s, 44899 Mound Road, on April 8th and 20% of the sales will benefit the Friends of our Library. Mr. Vanderpool reported a Community Pride and SHINE Day is planned for Saturday, May 3. Residents and businesses are being encouraged to make their residential and commercial properties “SHINE” with a spring-cleaning after the long winter months. This citywide cleanup is part of the Sterling Heights Initiative for Neighborhood Excellence (SHINE) Program aimed at protecting property values by encouraging exterior property maintenance. Fostering community pride will help ensure properties are maintained to the highest standards. SHINE works with civic and church groups to provide volunteers for those residents who cannot maintain their property due to a physical or age- related condition. Volunteers from area churches and the Sterling Heights Regular City Council Meeting Tuesday, April 1, 2014 Page 3 Volunteer Corps will be available to help residents with such chores as raking, weeding, and picking up debris. Mr. Vanderpool reported on a new Pavement Preservation Initiative and pointed out an item under the Consent Agenda for a request to purchase new pieces of equipment for this initiative. He introduced Mr. Sal Conigliaro, Public Works Director, to provide an overview. Mr. Sal Conigliaro explained the growing demand for pavement improvements has prompted the City to rethink their approach. He stated it’s time for the City to purchase new equipment and provide training to employees for making quality repairs. A short video was shown to demonstrate the uses of the new equipment, which included an asphalt hotbox, an asphalt infrared recycler, a pothole spray patching machine and a cold milling machine. Mr. Vanderpool concluded that while this item is on the consent agenda and he hopes the City Council would approve it, it is not the long-term solution to the future needs in the community and throughout the state. PRESENTATION Mr. Aaron Wawrzyniak, Chairperson of the Beautification Commission, introduced other commission members in attendance: Janis Adams, Jazmine Early, Ruthann Schinzing and Ann Williams. A short video was shown of all the participants in the “2014 Snowman Contest” and the winner, Julia and Bonnie Ohman. Mr. Wawrzyniak thanked Mike Crimmins, Sue Jombardo and the staff of the Community Relations Department for their participation. He invited Mayor Regular City Council Meeting Tuesday, April 1, 2014 Page 4 Notte to assist him in presenting a certificate and $25.00 gift card to Toys R Us to Julia Ohman. Moved by Schmidt, seconded by Romano, RESOLVED, to recognize and congratulate Bonnie and Julia Ohman for winning the Beautification Commission’s 2014 Snowman/Snow Sculpture Contest. Yes: All. The motion carried. ORDINANCE ADOPTION 1. Mr. Donald Mende, City Planner, made a presentation explaining the proposed text amendment that deals with real estate signs, those signs that are used to advertise commercial and industrial properties for sale or lease. A power point presentation was shown addressing the concerns of the City Council at the last meeting. One of the changes made in response to those comments is the monument sign requirement. This requirement is essential to achieving the objective of eliminating the blighting factor that this category of temporary signage has become. City Administration is not recommending its elimination from the proposed ordinance, as the benefits of attractive and blight-free corridors outweigh the minimal burden on brokers by having to advertise on monument signs when available. The proposed ordinance has been revised to provide for an Administrative Review Board that is authorized to grant some administrative relief to the Ordinance standards in specified circumstances. Another concern was the cost of compliance and the potential permit fees associated with the new sign requirements. There were a number of options for placement of signage onto Regular City Council Meeting Tuesday, April 1, 2014 Page 5 monument signs, many of which cost equal to or less than the wood panel signage presently in use. In response to the permit fees, City Administration is proposing no permit fee for the first two years from the ordinance adoption. After the two years, City Council approval would be required for implementing any permit fee. The following text amendments ensure that property owners with space for lease or commercial/industrial land for sale are able to effectively advertise, but without the adverse impact on the aesthetics of the City’s major roads: Utilize the existing permanent monument ground sign, if available, before erecting a temporary real estate sign; Specify temporary real estate sign construction type and material; Require permits for temporary real estate signs on non-single family residential parcels and provide an informal administrative relief option to property owners who wish to have commercial or industrial real estate signage other than on the existing monument sign in certain situations. There was a motion on the floor from the March 18, 2014 City Council Meeting: Moved by Ziarko, seconded by Schmidt, BE IT ORDAINED, to adopt the ordinance amending Article 28 of Zoning Ordinance No. 278 to revise the regulations governing standards, location, permitting, construction type, duration and implementation for placement of temporary real estate signs, Case No. PZ13- 1126. Councilwoman Ziarko withdrew her motion and Councilwoman Schmidt withdrew her support. Regular City Council Meeting Tuesday, April 1, 2014 Page 6 Moved by Romano, seconded by Notte, BE IT ORDAINED, to adopt, as amended, the ordinance amending Article 28 of Zoning Ordinance No. 278 to revise the regulations governing standards, location, permitting, construction type, duration and implementation for placement of temporary real estate signs, Case No. PZ13-1126. CITY OF STERLING HEIGHTS COUNTY OF MACOMB, MICHIGAN ORDINANCE NO. 278-VV AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 278 OF THE CITY OF STERLING HEIGHTS, SPECIFICALLY ARTICLE 28, SECTION 28.13, PARAGRAPH B. TO ADD DEFINITIONS OF “ADMINISTRATIVE REVIEW BOARD”, “COMMERCIAL REAL ESTATE SIGN”, “INDUSTRIAL REAL ESTATE SIGN”, AND “RESIDENTIAL REAL ESTATE SIGN”, TO DELETE THE DEFINITION OF “REAL ESTATE SIGN”, TO AMEND THE DEFINITION OF “TEMPORARY SIGN (WITH PERMIT REQUIRED)”, TO AMEND THE REGULATIONS AND SIGN REGULATION TABLE REGULATING COMMERCIAL AND INDUSTRIAL REAL ESTATE SIGNS, REAL ESTATE DEVELOPMENT SIGNS, AND RESIDENTIAL REAL ESTATE SIGNS, AND TO ADD PARAGRAPH E TO PROVIDE FOR ADMINISTRATIVE MODIFICATIONS, ADMINISTRATIVE APPEALS, AND APPEALS FROM THE ADMINISTRATIVE REVIEW BOARD DECISIONS TO THE ZONING BOARD OF APPEALS RELATING TO COMMERCIAL AND INDUSTRIAL REAL ESTATE SIGNS. Section 1. Article 28, Section 28.13, Paragraph B. of Zoning Ordinance No. 278 shall be amended to add definitions of “Administrative Review Board”, “Real Estate Sign, Commercial” and “Real Estate Sign, Industrial” which shall read as follows, and which shall be inserted in correct numerical sequence, with all other definitions contained in Paragraph B. renumbered: 1. ADMINISTRATIVE REVIEW BOARD. A board comprised of the Building Official, City Engineer, and City Development Manager to hear requests for administrative modification or administrative appeals relating to commercial real estate signs. Regular City Council Meeting Tuesday, April 1, 2014 Page 7 23. REAL ESTATE SIGN, COMMERCIAL. A temporary business sign placed upon property zoned or used for commercial use advertising that particular property for rent, lease, or sale. Section 2. The definition of “Real Estate Sign” currently contained in Article 28, Section 28.13, Paragraph B. Zoning Ordinance No. 278 shall be deleted and replaced with the following definition of “Real Estate Sign, Residential” which shall read and be numbered as follows: 24. REAL ESTATE SIGN, RESIDENTIAL. A temporary business sign placed upon property zoned or used for one family, two family, multiple family, or mobile home residential use advertising that particular property (including any residence located upon the property) for rent, lease, or sale. This term shall not include a sign advertising residentially zoned vacant property offered for development or sale by a developer or builder. Section 3. Article 28, Section 28.13, Paragraph C., Condition 7 shall be amended to read as follows: 7. In all developments, one freestanding sign shall be permitted, except as provided herein. Freestanding signs shall be designed to be compatible with the architecture and approved masonry materials used on the principal building. All freestanding signs shall be monument style with a minimum two foot brick and/or decorative stone base with no exposed poles. For developments having more than one frontage on a major or secondary thoroughfare having a right-of-way of at least 86 feet or greater, one freestanding sign shall be permitted to be located on each frontage, provided the distance between the two signs is not less than 500 feet. Freestanding signs must relate to the business, activity or service conducted on the premises upon which the sign is placed. A freestanding off premise sign is permitted for a business tenant if part of a unified development where separate parcels exist. Freestanding off premise signs are not permitted on a parcel where a freestanding sign already exists. The maximum size of a monument business sign may be increased as set forth in Footnote T following the Sign Regulation Table if the owner of the property irrevocably agrees in a recorded document to dedicate 20% of the space on its monument sign (up to a maximum of 16 square feet) to advertise space available for rent, lease, or sale. Section 4. The definition of “Temporary Sign (with permit required)” contained in Article 28, Section 28.13, Paragraph B. 26. of Zoning Ordinance No. 278 shall be amended to read and be numbered as follows: 26. TEMPORARY SIGN. A business sign with or without letters and numerals allowed for a temporary period of time as designated in this Section, including (a) Regular City Council Meeting Tuesday, April 1, 2014 Page 8 commercial real estate signs, (b) industrial real estate signs, (c) real estate development signs, (d) signs promoting approved temporary uses, or public and semi-public functions as permitted in all use districts, and (e) signs communicating grand openings or new ownerships. Section 5. Article 28, Section 28.13, Paragraph C., Condition 9 of Zoning Ordinance No. 278 shall be amended to read as follows: 9. Temporary real estate signs shall comply with the following regulations: a. Residential real estate signs advertising a one or two family residence for rent, lease, or sale shall be permitted when located upon the lot or property offered for rent, lease, or sale for the time period that the property is available for rent, lease or sale. Such residential real estate signs shall be aesthetically pleasing, and designed and constructed of durable materials. Residential real estate signs shall not require a permit. b. Commercial and industrial real estate signs shall be permitted when located on the land or building intended to be rented, leased and/or sold in accordance with this Condition 9. If the property is developed or proposed to be developed with a building and monument sign, no commercial or industrial real estate sign advertising space for rent, lease, or sale shall be allowed if there is unused space available for occupant identification or advertising the property or space for rent, lease or sale on an existing monument sign or if space may be reserved on a proposed monument sign, unless an administrative modification or administrative appeal has been granted by the administrative appeals board, or an appeal approved by the Zoning Board of Appeals. c. If there is no unused space available on the existing monument sign for a developed or proposed building or shopping center for occupant identification or advertising, then one freestanding commercial or industrial real estate sign advertising the building or shopping center available for rent, lease or occupancy shall be permitted to be erected on the property for the period of time that such building or shopping center remains partially unoccupied. Commercial and industrial real estate signs shall require a permit. d. A window sign no larger than 25% of the window area may be displayed in the window of the space available (or to become available for rent, lease, or sale) for a period beginning ninety (90) days before the property or space becomes available until the space is rented, leased, or sold. e. A property owner that wants to erect a commercial or industrial real estate sign to advertise property or space for rent, lease, or sale on a parcel that has an Regular City Council Meeting Tuesday, April 1, 2014 Page 9 existing monument sign may request an administrative modification from the Administrative Review Board in accordance with the following standards: 1. If the property owner has less than sixteen (16) square feet of unused space on the existing monument sign available for occupant identification or advertising and a commercial or industrial real estate sign is needed to advertise property or space for rent, lease, or sale, 2. If the property owner has less than sixteen (16) square feet of usable contiguous space on the existing monument sign available for occupant identification or advertising, even if there is more than sixteen (16) square feet of unused space on the existing monument sign, and a commercial or industrial real estate sign is needed to advertise property or space for rent, lease, or sale. f. A property owner on property with an existing monument sign which wants to erect a commercial or industrial real estate sign to advertise property or space for rent, lease, or sale may request an administrative appeal to the Administrative Review Board if the property owner claims in its appeal that there is a hardship or practical difficulty in complying with the provisions of the Zoning Ordinance relating to commercial or industrial real estate signs. g. The Administrative Board of Appeals may approve an administrative modification or grant an administrative appeal to the property owner if the standards set forth in subparagraphs e. or f. above have been met. h. The Administrative Board of Appeals may impose reasonable conditions on any modification or appeal that it grants, including the length of time such commercial or industrial real estate sign may remain on the property. i. Any commercial or industrial real estate sign shall be removed within sixty (60) days when sixteen (16) or more square feet of unused space on the existing monument sign becomes available for advertising property or space for rent, lease, or sale. j. A property owner aggrieved by a decision of the Administrative Review Board may appeal that decision to the Zoning Board of Appeals. The Zoning Board of Appeals shall determine whether there is competent, substantial and material findings to support the decision of the Administrative Review Board. The Zoning Board of Appeals may affirm, modify, or reverse the decision of the Administrative Review Board. The Zoning Board of Appeals may impose reasonable conditions if it reverses the Administrative Board of Appeals or grants approval of the property owner’s request for relief. Regular City Council Meeting Tuesday, April 1, 2014 Page 10 k. A company or individual which anticipates erecting multiple commercial and/or industrial real estate signs within the City which are of a uniform design and construction (other than site-specific message information) may request approval of master sign template to expedite processing and reduce subsequent permitting expense. A company or individual may request approval of more than one master sign template if it intends to use more than one uniform master sign template for multiple uniform signs within the City (for example: different size signs of uniform design and construction; or signs of uniform design and construction with different sign face orientation, etc.). An existing sign which is not more than two (2) years old that has been determined by the Building Official or his designate to meet the design and construction standards of Condition 9. f. below is eligible for approval as a master sign template. A proposed commercial or industrial real estate sign which is to be constructed in accordance with a previously approved master sign template shall be permitted upon the filing of an affidavit form with the Building Department certifying that the proposed sign has the same design and construction as the approved master sign template on file with the Building Department. In addition, an existing commercial or industrial sign which is not more than two (2) years old which meets the design and construction standards of Condition 9. f. below shall be permitted to be relocated to another location upon the filing of an affidavit form with the Building Department certifying that the existing sign (i) has previously been determined by the City to meet the standards of Condition 9. f. below, (ii) is no more than two (2) years old and in good aesthetic and functioning condition, and (iii) was previously approved by the Building Department for erection at a different location. l. All freestanding temporary signs permitted under this Condition 9 shall be aesthetically pleasing, and designed and constructed of durable materials installed in conformance with the current provisions of the Michigan Building Code, as last amended and maintained in accordance with the current provisions of the International Property Maintenance Code, with local amendments as adopted by the City of Sterling Heights. All ground-mounted support posts shall be constructed of 4” x 4” pressure-treated posts with decorative post caps. All freestanding temporary signs shall be constructed of ½” thick (or thicker), high density plywood (or equivalent as determined by the Building Official). All support posts and decorative post caps, and other supporting framework for such temporary signs shall be painted a uniform color. m. No additional real estate signage other than that permitted on the monument sign, permitted window sign or commercial or industrial real estate sign shall be permitted to advertise the property or space for rent, lease, or sale (such as vehicle signs, banners, etc.). After the property has been sold or all available space in a building or shopping center has been leased, all signage advertising the availability of such property for sale or space for lease shall be Regular City Council Meeting Tuesday, April 1, 2014 Page 11 removed until the property is subsequently offered for sale or another vacancy of space occurs. n. For developments having frontage on more than one major or secondary thoroughfare with rights-of-way of at least 86 feet, one sign shall be permitted to be located on each frontage, provided the distance between the two signs is not less than 500 feet. In such instances, only one sign permit fee shall be required to be paid if the signs are proposed to be erected at the same time. Section 6. Article 28, Section 28.13, Paragraph C., Condition 10 of Zoning Ordinance No. 278 shall be amended to read as follows: 10. Temporary real estate development signs shall comply with the following regulations: a. Real estate development signs used to advertise non-residential vacant land for development or vacant or partially developed residential land for development shall be permitted when located on the land intended to be developed as provided in this Condition 10. One freestanding temporary sign advertising such land available for development shall be permitted to be erected for the period of time that such land remains undeveloped (in whole or in part), but not for a period exceeding a period of three (3) years, unless such period of time is extended for good cause by the Planning Commission. b. In a residential development, each builder shall be permitted to erect one real estate development sign conforming with the standards of this Condition 10, provided the signs are uniform in style and construction. In a commercial or industrial development which is being developed with more than one developer or builder, each builder shall be permitted to erect one real estate development sign conforming with the standards of this Condition 10, provided the signs are uniform in style and construction. c. A real estate development sign shall not be erected upon non-residentially zoned property prior to preliminary site plan approval. All real estate development signs shall require a permit. d. All freestanding temporary signs permitted under this Condition 10 shall be aesthetically pleasing, and designed and constructed of durable materials installed in conformance with the current provisions of the Michigan Building Code, as last amended. All ground-mounted support posts shall be constructed of 4” x 4” pressure-treated posts with decorative post caps. All freestanding temporary signs shall be constructed of ½” thick (or thicker), high density plywood (or equivalent as determined by the Building Official). All support Regular City Council Meeting Tuesday, April 1, 2014 Page 12 posts and decorative post caps, and other supporting framework for such temporary signs shall be painted a uniform color. Section 7. Article 28, Section 28.13, Paragraph C., Condition 26 of Zoning Ordinance No. 278 shall be amended to read as follows: 26. All signs shall be maintained in a safe, secure, and attractive condition, with upright, secure supports. All sign materials shall be kept free of peeling, corrosion, or other surface or support deterioration, and in compliance with the current provisions of the International Property Maintenance Code, with local amendments as adopted by the City of Sterling Heights. Violation of these provisions shall subject the responsible party to the remedial and enforcement provisions set forth in Section 28.13 C.23 and Section 11-141 of the City Code. In addition, a company or individual which files a false affidavit to obtain expedited permit processing or reduced permit expense under Condition 9. e. shall be guilty of a misdemeanor punishable in accordance with the penalties applicable to misdemeanors set forth in Section 1-9 of the City Code. Section 8. Article 28, Section 28.13, Paragraph D of Zoning Ordinance No. 278 shall be amended to revise the sign regulation table to read as follows: [The sign regulation table found in Section 8 follows on the next page]  Regular City Council Meeting Tuesday, April 1, 2014 Page 13 SIGN REGULATION TABLE Use Districts One and Multiple Commercial Office Including Industrial Parking Type of Sign Two Family & Office Research District Family Mobile Home Residential Agricultural 1 1 0 0 0 0 Sales Sign 16J 16J Billboard 0 0 0 0 1 0 B Business Sign 1 1 0 32D 32D, E, F, T A, F, G, T A, F, G, T A, F, G, T Community 1 0 1 1 0 0 Bulletin Board 300P 300P 300P Directional L L L L L L Sign 4 4 4 4 4 4 Festoon Sign M M M M M 0 Flashing 0 0 0 0 0 0 Sign Identification 1 1 1 1 1 0 and Name Plate 6 6 6 6 Marquee 0 0 1 1 1 0 4 4 4  Regular City Council Meeting Tuesday, April 1, 2014 Page 14 SIGN REGULATION TABLE (Continued) Use Districts One and Two Multiple Commercial Office Including Industrial Parking Family Family & Office Research District Residential Mobile Home Opinion Sign 3 3 3 3 3 0 9I 12I 24I 24I 24I Residential 1 1 0 0 0 0 Real Estate 6H, U 6 V Commercial 1 1 1 1 0 0 Real Estate 1 16U, W 16 V,W 16W 16W Industrial 0 0 0 0 1 0 Real Estate 16W Real Estate C 1 1 1 1 0 Development Sign 32W 32W 32W 32W 32W Residential 1 0 0 0 0 0 Development I.D. 25N Sup Reg Mall 0 0 1 0 0 0 Blvd Entrance 48Q Sup Reg Mall 0 0 1 0 0 0 Directional 32R Sup Reg Mall 0 0 0 0 0 Festoon Sign S Sup Reg Mall 0 0 1 0 0 0 Primary Entrance 300U  Regular City Council Meeting Tuesday, April 1, 2014 Page 15 SIGN REGULATION TABLE (Concluded) Use Districts One and Multiple Family Commercial Office Including Industrial Parking Two Family & Mobile Home Office Research District Residential Temporary M 1 1 1 1 0 32K 32K 32K 32K Vehicle 0 0 0 0 0 0 Business Sign Maximum Number of Signs with Conditions KEY Maximum Square Footage Area Each Sign with Conditions Relating to Signs Section 9. Footnote H. following the sign regulation table contained in Article 28, Section 28.13, Paragraph D. shall be amended to read as follows: H. On residential properties exceeding one acre in area (excluding existing right-of-way), one residential real estate sign not exceeding 16 square feet shall be permitted. Section 10. Section 28.13, Paragraph D shall be amended to add Footnote T which shall read as follows: T. The maximum size of a business monument sign located in any Multiple Family and Mobile Home District, Commercial District, Office District (including Office Research), and Industrial District may be increased by 20% up to a maximum of 16 square feet provided the owner of the property agrees to irrevocably dedicate that additional dedicated square footage of the monument sign to solely advertise that space is available for rent, lease, occupancy or sale. Section 11. Section 28.13, Paragraph D shall be amended to add Footnote U which shall read as follows: U. One residential real estate sign not exceeding 6 square feet shall be permitted to advertise the sale or lease of one unit of a two family Regular City Council Meeting Tuesday, April 1, 2014 Page 16 development. One commercial real estate sign not exceeding 16 square feet shall be permitted to advertise the sale of a two family development (the entire duplex building or complex). Section 12. Section 28.13, Paragraph D shall be amended to add Footnote V which shall read as follows: V. In Multiple Family and Mobile Home zoning districts, one residential real estate sign not exceeding 6 square feet shall be permitted to advertise the sale or lease of an individual unit. In Multiple Family and Mobile Home zoning districts, one residential real estate sign not exceeding 16 square feet shall be permitted to advertise the sale of a Multiple Family development or a Mobile Home development. Section 13. Section 28.13, Paragraph D shall be amended to add Footnote W which shall read as follows: W. An owner of property which has a lawfully erected commercial real estate sign, industrial real estate sign, or real estate development sign on its property which is in good, structurally sound condition shall have six (6) months to comply with the terms of this amendment relating to any of the applicable requirements of this amendment which specify that (i) advertising property or part of it for sale or lease must be done on an available panel of a monument sign on the property, (ii) commercial real estate signs, industrial real estate signs, and real estate development signs must meet specified design and installation standards, and (iii) existing commercial real estate signs, industrial real estate signs, or real estate development signs which do not comply with such standards must be removed when the advertising is moved to a panel of the monument sign. Section 14. All other provisions of Zoning Ordinance No. 278 not amended in this amendment shall remain in full force and effect. Section 15. This amendment shall become effective seven days after publication of this amendment or a notice of adoption. Regular City Council Meeting Tuesday, April 1, 2014 Page 17 This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 18th day of February, 2014, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 1st day of April, 2014. MARK CARUFEL CITY CLERK INTRODUCED: February 18, 2014 ADOPTED: April 1, 2014 PUBLISHED: April 6, 2014 EFFECTIVE: April 13, 2014 Councilman Romano pointed out all the comments from the City Council were taken into consideration and he believes this is a good solution that will work to enhance properties. Mayor Notte reiterated that there would be no fees for the first two years and then it is up to the City Council to review it. Vacant space on monument signs must be filled before other signs are put up and there is a limit on the size of the sign. Councilman Taylor doesn’t believe the rewrite of the ordinance makes any difference. He was opposed to it before because each monument sign is different. He pointed out if the real estate agent purchases the wood panel signs they can be used over and over again, while the vinyl signs are more expensive and can’t be used again. He believes it is a burden on the property owners and it’s not fair. Councilman Taylor stated it would not be uniformly applied to each property owner because each property owner has a different situation. He would like to Regular City Council Meeting Tuesday, April 1, 2014 Page 18 see a carve-out for sale by owner or lease by owner and the monument sign language removed. Councilwoman Schmidt would like Administration to be more diligent on the enforcement of the square footage and stated it is the City’s responsibility to make sure everyone is in compliance. Yes: Romano, Notte, Schmidt, Skrzyniarz, Ziarko, Koski. No: Taylor. The motion carried. CONSENT AGENDA 2. Mr. Mike Lombardini addressed Item G and suggested the City research the possibility of contacting roofing companies to recycle shingles and use them in the new asphalt-recycling machine. Mr. Harry Marchlones addressed Item G and stated he believes the equipment looks like it would do the job, but expressed concern with the manpower to operate it. He also questioned the cost of the equipment and where the money would come from, as well as the operating costs. Mr. Jody Graham discussed the need for new technology in the repair of the roads, since they are being done over and over again at a very costly rate. He was concerned with the health issues of the employees working around the asphalt machines. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: Regular City Council Meeting Tuesday, April 1, 2014 Page 19 A. To approve the minutes of the Regular Meeting of March 18, 2014, as presented. B. To approve payment of the bills as presented: General Fund - $678,210.06, Water & Sewer Fund - $2,020,803.11, Other Funds - $588,484.12, Total Checks - $3,287,497.29. C. RESOLVED, to award the bid for water meter service parts to HD Supply Waterworks, Limited Partnership, 6575 23 Mile Road, Shelby Township, MI 48316-4407 through September 30, 2014 at unit prices bid. D. RESOLVED, to award the bid for turf fertilization and weed control to Green Meadows Lawnscape, Inc., 47515 Ryan Road, Shelby Township, MI 48317 for the period April 2014 through November 2015 at unit prices bid. E. RESOLVED, to award the bid for the mowing and maintenance of the Hall Road (M-59) boulevard median from Dequindre Road to I-94 to Green Meadows Lawnscape, Inc., 47515 Ryan Road, Shelby Township, MI 48317, for the period April 2, 2014 through March 31, 2017 at unit prices bid, subject to approval and provision of funding by the Michigan Department of Transportation. F. RESOLVED, to award the bid for the mowing and maintenance of medians, interchanges, and right-of-ways to Green Meadows Lawnscape, Inc., 47515 Ryan Road, Shelby Township, MI 48317 for the period April 2, 2014 through March 31, 2017, based on unit prices bid, subject to approval of the bid and provision of adequate funding by the Michigan Department of Transportation and County of Macomb. Regular City Council Meeting Tuesday, April 1, 2014 Page 20 G. RESOLVED, to: A) Split the award of the bid for road maintenance equipment to the vendors and at the unit prices specified below: Section 1 – Asphalt Hotbox to Bell Equipment, 780 Northpointe Drive, Lake Orion, MI 48359, in the amount of $26,550; Section 2 – Asphalt Recycler and Section 4 – Asphalt Infrared Recycler to KM International, 6561 Bernie Kohler Drive, North Branch, MI 48461, in the amounts of $66,519 and $16,110, respectively; Section 3 – Pothole Spray Patching Machine and Section 5 – Emulsion Storage Tank to Equipment Marketing Company, PW Box 697, Cloverdale, IN 46120, in the amount of $70,900 and $15,900, respectively; Section 6 – Cold Milling Machine and Section 7 – Double Drum Roller to Alta Equipment, 56195 Pontiac Trail, New Hudson, MI 48165, in the amount of $218,251 and $12,000, respectively; and B) To authorize a General Fund budget amendment transferring $426,230 to 43744444 (Capital Project Fund) 982000 (Machinery & Equipment). H. RESOLVED, to adopt the resolution setting a public hearing date of May 6, 2014 at 7:30 pm. Regarding the First Amended and Restated Development Plan and Tax Increment Financing Plan for the City of Sterling Heights Corridor Improvement Authority and directing the City Clerk to publish and provide notice in accordance with Public Act 280 of 2005, as amended. Regular City Council Meeting Tuesday, April 1, 2014 Page 21 I. RESOLVED, to approve final payment to Mark J. Wozniak, d/b/a Wozniak Underground, 4220 22 Mile Road, Shelby Township, MI 48315, in the amount of $14,462.45, plus interest on retainage, for Brookline Pump Station Repairs, City Project #12-225. J. RESOLVED, to approve Traffic Control Order #6-79 to prohibit parking on the west side of Atkinson Drive from DeKeyser Elementary to Edgevale Drive, from 8:00 a.m. to 4:30 p.m., school days only. Yes: All. The motion carried. CONSIDERATION 3. Mr. Marc Beginin explained his request to transfer ownership of 2013 Class C and SDM liquor licensed business with dance-entertainment permit located at 13100 Hall Road from JNV Properties, LLC to Hall Road Restaurant Ventures, LLC. He stated they would employ over 50 people and the bartenders would be TIPS certified. Moved by Ziarko, seconded by Notte, RESOLVED, that the request to transfer ownership of 2013 Class C and SDM liquor licensed business with dance- entertainment permit, outdoor service permit, with Sunday AM and PM sales permit, located at 13100 Hall Road, Sterling Heights, MI 48313 from JNV Properties, LLC to Hall Road Restaurant Ventures, LLC be considered for approval. Regular City Council Meeting Tuesday, April 1, 2014 Page 22 Councilwoman Ziarko pointed out the license is already on the premises and this is only a transfer of ownership. She inquired whether the petitioner is planning on opening any other locations in the area. Mr. Beginin responded he would not be, but the plan is for a state franchisee that would have about 10 per year over the next 4 years. This would be the location where all the other vendors would do their training and the model for all others in Michigan. Mayor Notte pointed out the recommendation is for approval. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Isaac (Ike) Cabase – Potholes and the need for a permanent solution; materials going into the sewers. Mr. Harry Marchlones – Retire/Rehire program. Mr. Joseph Rimarcik – Putting Library back on full schedule; Public discussion on Pensions for General Employees and Police and Fire. Mr. Jeffrey Norgrove – Roads and the need for a more permanent solution; New technology in the use of the City’s website to allow residents to attach their concerns to a map. Mr. Charles Jefferson – Noise from trains; Street sweeping schedule. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski. Regular City Council Meeting Tuesday, April 1, 2014 Page 23 Mr. Vanderpool responded to comments from residents as it relates to the cost of the road repair equipment and stated the state has allocated just under $500,000 and that money would be used to purchase the equipment. He responded there would be adequate manpower to run the equipment because there would be some restructuring of the DPW department and work procedures. They will continue to expand the contracting out of services to free up more of our personnel. In reply to the question about the retire/rehire program, Mr. Vanderpool responded the program currently affects about 15 individuals. He stated it is the best practice in succession planning in both the private and public sector. The key to a rehire program is to save money and the City is saving money by taking this short-term measure. The idea is to keep institutional knowledge in the organization while you have this massive turnover in order to plan for it in an orderly fashion. Mr. Vanderpool agrees with many of the points raised that in most cases it is good to have new and fresh ideas and the City would be meeting that in the next couple of years with close to 80 positions that would be filled with new employees. With respect to pensions, Mr. Vanderpool stated this has been an ongoing challenge for municipalities throughout the country. Pensions are rarely 100% funded, they fluctuate and we are currently under-funded. He pointed out it takes time to get back to 100% funding and the City must contribute 100% of the amount determined by pension experts and is doing that every year. Mr. Vanderpool pointed out the City has eliminated the fixed pension plan for general Regular City Council Meeting Tuesday, April 1, 2014 Page 24 employees and reduced the pension multiplier for public safety. He stated the City is above average for general employees and right around the average mark for public safety. Mr. Vanderpool stated in regard to the City’s website, we are currently in the process of redesigning it and it is out for bids. It would be more user friendly and have more interactive things on it. There was no report from the City Council at this time. UNFINISHED BUSINESS There was no unfinished business at this time. NEW BUSINESS Councilman Skrzyniarz discussed quality as it relates to private companies doing work for the City. He stated it is important to focus on quality and the goal has to be long-term roads and quality of the construction. He asked the City Administration to review new technology as it relates to the drains in the roads, thickness of pavement and asphalt, materials being used and warranties. Councilman Skrzyniarz also discussed the use of skilled laborers by the contractors the City uses. He wanted to see a balance between quality and cost and the use of local vendors. He expressed his concern with what the wages are for the employees used by the private companies and stated this is something the City should review to make sure they are acceptable. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Regular City Council Meeting Tuesday, April 1, 2014 Page 25 Yes: All. The motion carried. The meeting was adjourned at 8:50 p.m. MARK CARUFEL, City Clerk