City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL WEDNESDAY, NOVEMBER 5, 2014 IN CITY HALL Mayor Pro-Tem Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor Pro-Tem Taylor led the Pledge of Allegiance to the Flag and Mark Carufel, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, 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. In lieu of the passing of Mayor Richard J. Notte, Mayor Pro-Tem Taylor asked for 31 seconds of silence; one second for every year that Mayor Notte served the City of Sterling Heights. APPROVAL OF AGENDA Councilman Romano requested that Consideration Item 6 be moved to Consideration Item 1. Moved by Romano, seconded by Ziarko, to approve the Agenda as amended. Yes: Romano, Ziarko, Koski, Schmidt, Skrzyniarz, Taylor. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported in observance of Veteran's Day, City offices will be closed for business on Tuesday, November 11. The municipal offices include City Hall, Public Regular City Council Meeting Wednesday, November 5, 2014 Page 2 Library, Parks & Recreation, Senior Active Life Center, 41-A District Court and the Nature Center. Hours of operation will resume on Wednesday, November 12. He pointed out the closure will not affect the City's refuse schedule; trash will be collected on the normal collection day next week. Mr. Vanderpool reported the Annual Veterans Day Ceremony will be held at 11 a.m. on Tuesday, November 11 at the Sterling Heights Recreation Center. The ceremony is co- sponsored by local veterans' groups with the assistance of the Sterling Heights Community Foundation and made possible this year with the generosity of Walmart and Utica Van Dyke Towing. Mr. Vanderpool thanked everyone who participated in the SHINE Day cleanup this past Saturday. He reported there were sixty plus volunteers who cleaned up 25 properties. He offered special thanks to Dino and his father Rocco, owners of Utica Van Dyke Towing, for the donuts and coffee they donated. PRESENTATION Councilwoman Koski presented the Nice Neighbor award to Dick and Margo Doyle, nominated by their neighbor, David Mied. CONSIDERATION 6. Mr. Vanderpool stated at the October 21, 2014 regular meeting, City Council requested that City Administration develop a proposal to honor the legacy of its long-serving Mayor, Richard J. Notte, who has served his community for over thirty years. In the intervening weeks, City Administration has proceeded to prepare naming concepts that will be implemented into the forthcoming renovations to the Sterling Heights City Regular City Council Meeting Wednesday, November 5, 2014 Page 3 Center. A video was presented at this time to capture the impact that Mayor Notte had on the City he loved and dedicated a good portion of his adult life to. Mr. Wayne Oehmke, Sterling Heights Regional Chamber of Commerce & Industry President, stated on behalf of their 1400 members, they support the resolution naming the municipal complex as the Richard J. Notte City Center. Mr. Geoff Gariepy doesn't believe this goes far enough and believes a road should be named after Mayor Notte. Mr. Mike Notte, Son of the late Mayor Richard J. Notte, appreciates the fact that Councilman Romano brought this up at a meeting before his father passed away. He thanked all the residents for the many cards they sent to the Mayor's home and stated his father felt the love from the community. Moved by Romano, seconded by Schmidt, RESOLVED, to adopt the resolution naming the Sterling Heights Municipal complex as the Richard J. Notte Sterling Heights City Center. ~ RESOLUTION ~ A resolution of the City Council naming the municipal complex as the Richard J. Notte Sterling Heights City Center. “People don’t always remember what you say or even what you do, but they always remember how you made them feel.” This famous quote epitomizes the leadership style of our Sterling Heights Mayor, Richard J. Notte, who treated everyone with respect and dignity. This humble man of the people placed an indelible imprint on the city of Sterling Heights that will long endure. It truly is important to celebrate Mayor Notte’s contributions to the city that he loved. Dick Notte, as his friends called him, served eleven two-year terms as mayor. He previously served ten years as a member of the city council prior to becoming the first mayor to be directly elected by a vote of the city electorate. Regular City Council Meeting Wednesday, November 5, 2014 Page 4 Much more important than how long he served is how he served. Described as “a working man’s mayor,” Notte was beloved by the residents of Sterling Heights. While donning his trademark fedora, Mayor Notte was immediately identifiable throughout the community when representing his constituents at thousands of ribbon cuttings, charity balls, dinners, luncheons, school events, and scouting ceremonies. Notte believed his role was to serve all Sterling Heights residents and he never took for granted the trust and faith that voters placed in him when they cast their ballots. Mayor Notte served as vice president of the Mayors Automotive Coalition (MAC). In that role, Notte fought tirelessly to keep the Sterling Heights Assembly Plant (SHAP) open following the Chrysler LLC bankruptcy. His passion and commitment paid off when Chrysler Group LLC acquired the SHAP assets and invested over $1 billion to construct a new state-of-the-art assembly facility and paint shop at SHAP. His connection with and popularity among Sterling Heights autoworkers was evident during SHAP’s grand-reopening, as cheers for Mayor Notte exceeded those given to Chrysler CEO Sergio Marchionne and former Michigan Governor Jennifer Granholm. Mayor Notte was a strong advocate for Sterling Heights Community Foundation and its mission to enhance cultural, educational and recreational opportunities for Sterling Heights residents. In 2010, Mayor Notte funded the "Richard J. Notte Scholarship for Public Service Endowment." Through this permanent endowment, Notte’s impact on the community will live on in perpetuity, as the Foundation will annually present a college scholarship to a deserving student in his name. Mayor Notte’s stature and popularity went far beyond the municipal boundaries of Sterling Heights. In 2013, Mayor Notte was inducted into the Macomb Hall of Fame and was recognized for his outstanding contributions to improving the economic, family, and community life of Macomb County. His commitment and passion to everything Sterling Heights earned him recognition from the Michigan Municipal League, Southeastern Michigan Council of Governments, Habitat for Humanity, and Sterling Heights Regional Chamber of Commerce and Industry. But in the end, no matter how much Dick Notte enjoyed being mayor, he never lost sight of the simple fact that the position gave him a unique opportunity to serve the city he deeply loved, and those who called it home. It was a duty he discharged with humility, grace, style, and a great sense of humor. To ensure that future generations do not forget who this man was, and what he meant to this great city, it is fitting for the City Council to name the municipal complex as the Richard J. Notte Sterling Heights City Center. Thank you Mayor Notte, for making all of us proud to be from Sterling Heights! NOW, THEREFORE, Regular City Council Meeting Wednesday, November 5, 2014 Page 5 BE IT RESOLVED, that from this day forward, the Sterling Heights municipal complex shall be and hereby is named the Richard J. Notte Sterling Heights City Center in recognition of the man who gave so much of himself to make this city a special place – you’ll never be forgotten. This Resolution was adopted at a regular meeting of the Sterling Heights City Council held on the 5th day of November, 2014. _________________________________________ Mark Carufel, City Clerk Councilman Romano stated this is an honor and privilege to be able to do this and pointed out it was a joint effort by the entire City Council. Mayor Pro-Tem Taylor stated there are no real words to say to capture the man he was. He was here for thirty-one years, leaving his record behind. Mayor Pro-Tem Taylor stated it was his honor to chair the meeting while the Mayor was home recuperating and it is his distinct honor to vote on this resolution tonight. Yes: All. The motion carried. Mayor Pro-Tem Taylor invited the City Council Members to join him in unveiling the painting and signage to be incorporated into the city center renovations, which will give a lasting recognition to Mayor Richard J. Notte. ORDINANCE INTRODUCTION 1. Mr. Donald Mende, City Planner, made a presentation on the request to consider introduction of a map amendment to Zoning Ordinance No. 278 to conventionally rezone property on the northwest corner of 14 Mile Road and Red Run Drive in Section 35 from O-1 (Business & Professional Office District) and R-60 (One-Family Residential District) to RM-2 (Multiple-Family Low Rise District); Case No. PZ14-1128. He pointed out the Regular City Council Meeting Wednesday, November 5, 2014 Page 6 petitioner is requesting this rezoning in order to facilitate the construction of a new one hundred unit multiple family residential development. Mr. Mende stated the Planning Commission voted unanimously to recommend that City Council approve the request. Moved by Skrzyniarz, seconded by Schmidt, RESOLVED, to introduce a map amendment to conventionally rezone property on the northwest corner of 14 Mile Road and Red Run Drive in Section 35 from O-1 (Business & Professional Office District) and R-60 (One-Family Residential District) to RM-2 (Multiple-Family Low Rise District). Councilman Romano inquired of Mr. Bahorski if the omission of the Case No. affects the validity of the motion. Mr. Bahorski stated for future meeting minutes, the Case No. should be included in the motion. Councilman Skrzyniarz stated his motion includes Case No. PZ14-1128: to conventionally rezone property on the northwest corner of 14 Mile Road and Red Run Drive in Section 35 from O-1 (Business & Professional Office District) and R-60 (One- Family Residential District) to RM-2 (Multiple-Family Low Rise District); Case No. PZ14-1128. Councilman Skrzyniarz wanted to make sure there would be adequate integration with the park plan and adequate access to sidewalks for this new development. Councilwoman Schmidt questioned the ingress and egress to the new development. Mr. Mende responded it will be off of both 14 Mile and Red Run Drives. Councilman Romano was pleased to see this development and wished them well. Regular City Council Meeting Wednesday, November 5, 2014 Page 7 Councilwoman Koski inquired whether the Puls Drain would interfere with the building of that property and Mr. Mende indicated it would not. All site improvements would have to be located outside of that easement. Councilwoman Ziarko questioned the size of the buildings to house the number of apartments and whether they would be low income. Mr. Mende responded they would be market rate units, not low income and that there would be 20 units per building. Mayor Pro-Tem Taylor welcomed the petitioners to the community, wished them good luck and hoped they would bring a lot of residents into the City. Yes: All. The motion carried. 2. Mr. Donald Mende, City Planner, made a presentation on the request to consider introduction of a map amendment to Zoning Ordinance No. 278 to conventionally rezone property on the northeast corner of Van Dyke and Riverland Drive in Section 3 from C-2 (Planned Comparison Business District) to C-3 (General Business District); Case No. PZ14-1129. He pointed out the petitioner is requesting this rezoning in order to facilitate the redevelopment/reconstruction of an existing Speedway gasoline and convenience store. Mr. Mende stated the Planning Commission voted unanimously to recommend that City Council approve the request. Mr. Charles Jefferson discussed the need for a study at this intersection of Riverland Drive and Van Dyke and pointed out the large number of accidents. Regular City Council Meeting Wednesday, November 5, 2014 Page 8 Mr. Chris Jolley, exp US Services, Inc., representing Speedway, stated they are still in the initial site plan development phase, so they would work with the City Engineer and County engineers in terms of reviewing any traffic concerns. Moved by Ziarko, seconded by Romano, RESOLVED, to introduce a map amendment to conventionally rezone property on the northeast corner of Van Dyke and Riverland Drive in Section 3 from C-2 (Planned Comparison Business District) to C-3 (General Business District), Case No. PZ14-1129. Councilwoman Ziarko stated it feels so good to have items like this on the agenda and she is grateful for the developments coming into the City. She thanks the petitioner and wishes them well. Councilman Romano questioned the expanded size of the building and Mr. Jolley responded 3,900 square feet from the existing 2,600 square feet. Councilman Romano inquired whether they plan to sell liquor and if there is beer and wine there now. Mr. Mende was not aware of any beer sales at the existing Speedway, but stated it is allowed under the current zoning. Councilman Romano inquired about a liquor license. Mr. Mende indicated the zoning does allow it, but as far as the Liquor Control Commission rules and regulations for sales by the bottle, they would have to go through them. Councilman Romano expressed concern for other businesses in the area if the Speedway enlarges their convenience center. Regular City Council Meeting Wednesday, November 5, 2014 Page 9 Councilwoman Koski inquired about the other businesses in this complex and Mr. Mende stated there is the Zap Zone, a Religious store, the Sav-On Drug Store, a Chinese Restaurant, Coney Island, Rescue Treasures and a nail salon. Councilwoman Koski inquired whether there would be any problems with other tenants in the complex as a result of the expansion of the Speedway convenience store. Mr. Mende responded not at all. He pointed out the new owner has been very upfront in working with all of his existing tenants. Councilwoman Schmidt inquired the location of the florist and stated this is just taking a small part of the parking lot footprint, so she sees no problem with this request. Also, since they are allowed to sell beer and wine there now, this would not be an issue. Councilman Romano stated since there is no competition, he has no problem with this request. Mayor Pro-Tem Taylor stated he is in favor of the proposal. Yes: All. The motion carried. CONSENT AGENDA 3. Moved by Koski, seconded by Romano, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of October 21, 2014, as presented. B. To approve payment of the bills as presented: General Fund - $570,193.83, Water & Sewer Fund - $92,656.94, Other Funds - $866,665.86, Total Checks - $1,529,516.63. Regular City Council Meeting Wednesday, November 5, 2014 Page 10 C. RESOLVED, to award the bid for a towable athletic field top dresser unit to Spartan Distributors, Inc., 1050 N. Opdyke, Auburn Hills, MI 48326 at a total cost of $15,876. D. RESOLVED, to: a) Approve the purchase of two police investigative vehicles at pricing available through the State of Michigan's MiDeal Cooperative Purchasing Program, Contract No. 071B1300005, at a total cost of $49,342; and b) Authorize an amendment to the Public Safety Forfeiture Fund budget in the amount of $1,342 from Public Safety Forfeiture Fund reserves. E. RESOLVED, to award the bid for the purchase of a Caterpillar Model 938K front-end loader to Michigan Tractor and Machinery Co., d/b/a Michigan CAT, 12550 23 Mile Road, Shelby Township, MI 48315 in the net amount of $184,360. Yes: All. The motion carried. CONSIDERATION 4. Mr. Vanderpool made a presentation requesting the City Council confirm his appointment of Denice Gerstenberg as City Development Director and approve a Memorandum of Understanding between the City and Michigan Association of Public Employees - Executive Group. He presented a detailed list of the many accomplishments and academic achievements of Ms. Gerstenberg from the beginning of her career in 1991 as the Public Services Coordinator. Mr. Jeff Norgrove spoke in support of Ms. Gerstenberg and hopes the City Council approves her appointment. Regular City Council Meeting Wednesday, November 5, 2014 Page 11 Moved by Schmidt, seconded by Ziarko, RESOLVED, to confirm the City Manager's appointment of Denice Gerstenberg as City Development Director effective November 6, 2014 in accordance with the Charter of the City of Sterling Heights and approve the Memorandum of Understanding between the City and the Michigan Association of Public Employees - Executive Group. Councilwoman Schmidt spoke in support of Ms. Gerstenberg and wished her well in her new adventure with the City. Councilwoman Ziarko agreed with Councilwoman Schmidt and Mr. Vanderpool and stated Ms. Gerstenberg is well deserving of this promotion and she looks forward to a continued working relationship with her in the future. Councilman Romano asked Ms. Gerstenberg to come up to the podium so the residents at home could put a face to the name. He stated she does an outstanding job for the City and he is very proud that she accepted this position. Councilman Skrzyniarz stated Ms. Gerstenberg was very effective in her role on the Corridor Improvement Authority and she will be playing a big role in shaping the future of this City. Councilwoman Koski spoke in support of Ms. Gerstenberg and congratulated her on her promotion. Mayor Pro-Tem Taylor echoed the sentiments of the other council members and stated he is very proud to have her as part of this community and stated she is very deserving of this promotion. Yes: All. The motion carried. Regular City Council Meeting Wednesday, November 5, 2014 Page 12 5. Mr. Frank Palazzolo, representing Aghos Restaurant, explained their request to transfer ownership of 2013 Class C liquor licensed business located at 31055 Gratiot, Roseville MI from Continental Lanes, Inc. to Aghos Restaurant, Inc. and transfer location to 4220 Fifteen Mile Road, Sterling Heights, MI 48310 with new Sunday sales (PM), dance - entertainment and specific purpose permits. He explained Mrs. Aghos currently operates the Abu Nawas Mediterranean cuisine restaurant in Beaver Creek Plaza at 4220 Fifteen Mile Road, which presently is not licensed to serve alcoholic beverages. Mr. Palazzolo discussed the three reasons this was recommended for disapproval and asked the City Council to postpone the issue to allow Mrs. Aghos to complete the TIPS training if this would assist in her getting approval of her request. Also, he is not aware of the reason for the Police Department's recommendation for disapproval. Mr. Palazzolo showed a drawing of the restaurant and the improvements that were made to address the noise concerns from the neighbors. Mr. Jeff Norgrove questioned the amount of parking available for the restaurant, the status of the old Aghos Cafe and whether any family members were involved in the gambling raid that occurred at 15 Mile and Mound. He inquired about the exhaust system and whether there was going to be a problem with smoke across the intersection. Mr. Norgrove inquired whether the neighbors in the apartment complex have been notified about this request. Mr. Geoff Gariepy lives 300' north of this restaurant and has a problem with the noise level. He takes issue with the status of this business being a restaurant. He stated it is more of a banquet and catering facility. Mr. Gariepy discussed Regular City Council Meeting Wednesday, November 5, 2014 Page 13 problems with traffic in front of this business and stated the addition of alcohol would create more problems. Mrs. Aghos' Son-in-Law addressed the Council and stated they have made improvements to the restaurant to address the noise concerns of the neighbors. He stated the parking lot has been made larger, they are a family owned restaurant and they are just trying to keep their business alive. He stated they have never had a problem with anyone in the apartments. Moved by Romano, seconded by Taylor, RESOLVED, that the request to transfer ownership of 2013 Class C liquor licensed business located at 31055 Gratiot, Roseville, MI from Continental Lanes, Inc., to Aghos Restaurant, Inc. and transfer location to 4220 Fifteen Mile Road, Sterling Heights, MI 48310 with new Sunday sales (PM), dance - entertainment and specific purpose permits be considered for disapproval based on the following reasons: 1) Applicant Aghos Restaurant, Inc. has no management experience operating a liquor licensed business; 2) Applicant Aghos Restaurant, Inc.'s reliance upon the on-premises sale of alcohol to remain financial viable on a long-term basis; and, 3) The Sterling Heights Police Department's recommendation for disapproval. Councilman Skrzyniarz cannot support the transfer of the liquor license because of the disapproving recommendation from the police department. Regular City Council Meeting Wednesday, November 5, 2014 Page 14 Councilwoman Ziarko inquired whether the state could overturn the City Council's decision. Mr. Bahorski pointed out the Michigan Liquor Control Commission must take into account the City Council's recommendation, but they could grant the liquor license regardless of the City Council's disapproval. Councilwoman Koski discussed the problems with ingress and egress at 15 Mile and Ryan and pointed out this is a very dangerous intersection. She inquired whether the City Council could advise the Michigan Liquor Control Commission of these traffic concerns. Mr. Bahorski responded they could submit traffic concerns, but he doesn't know how much weight they would give it. Councilwoman Schmidt stated in regard to the petitioner taking the TIPS or TAMS training, that would be very different from having experience in running a liquor licensed business. She expressed concern with the traffic problems as well and believes alcohol would add to the problems in this area. Also, for the fact that the Police Department recommended disapproval, she is in support of the motion. Mayor Pro-Tem Taylor thanked Mr. Palazzolo for his presentation this evening. He expressed concern with the lack of experience, the hours of the banquets and parties and the possibility that liquor might not stop at the appropriate time. For those reasons, he is in support of the motion on the floor. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Geoff Gariepy - Problems with smoke from Bagdad Restaurant. Regular City Council Meeting Wednesday, November 5, 2014 Page 15 Mr. Jeff Norgrove - Mayor Notte's personality; Renaming of a park in honor of Mayor Notte. Mr. Joseph Rimarcik - Use of sirens/parent's rights; Use of 19 Mile Road Blvd. sign to honor Mayor Notte, noting his years of service. Mr. Bob Moffa - Renaming Freedom Hill after Mayor Richard J. Notte. Mr. Joel Thomas, Sterling Heights resident - Election results; Mayor Notte's example. Ms. Jasmine Early, Sterling Heights resident - Smart meter. Ms. Jackie Ryan - Smart meters. Ms. Verna Babula, Sterling Heights resident - Smart meters. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated to Mr. Gariepy that they are aware of the problems with the smoke and are in the process of issuing violations. The City Attorney and City Development Director are also aware of the issue. He appreciates Mr. Gariepy's patience as they continue to work through this issue. In regard to the smart meters, Mr. Vanderpool appreciates the concerns of the residents. He pointed out the City does not have any regulatory control over utility company equipment. The Michigan Public Service Commission has regulatory control over utility companies, including DTE equipment. He recommended the residents address their concerns to the following bodies: State Legislature, State Representatives Henry Yanez and Jeff Farrington and the State Senator Tory Rocca, asking them their position on House Bill 4315. In addition, they could contact the Governor's Office because the Governor has some influence with the Michigan Public Service Commission. Residents Regular City Council Meeting Wednesday, November 5, 2014 Page 16 could also attend the meetings of the Michigan Public Service Commission and express their concerns directly to them. There was no report from Mr. Bahorski at this time. Councilman Skrzyniarz thanked Mr. Mark Carufel, City Clerk, his staff and poll workers for the fantastic job they did during the election and congratulated all the candidates who won and those that participated. UNFINISHED BUSINESS/NEW BUSINESS 1. Councilman Romano requested the legal department explore the possibility of setting up a moratorium on hookah lounges and inquired the number of them in the City. 2. Councilman Romano requested a letter from the City of Sterling Heights be sent to the State Legislature, our State Representatives, State Senator and the Governor regarding the smart meters. Councilwoman Ziarko stated the Council should look at what was already done before they draft this letter. Councilwoman Koski questioned the number of smart meters that have been installed and the locations. Mr. Vanderpool questioned whether the letter is to seek our legislators’ position on the pending house bill or whether we are opposing smart meters in general. Councilman Romano stated people should have the choice of a smart meter or an analog meter, with no cost involved and there should be an opt out for free. Regular City Council Meeting Wednesday, November 5, 2014 Page 17 Mayor Pro-Tem Taylor stated the City Council took action and made a recommendation to the Michigan Public Service Commission. He stated the smart meter issue has been resolved and it was found that there were no health affects associated with smart meters. He stated he would not stand in opposition to sending a letter, but he has a hard time telling DTE they cannot charge residents for a service they have to provide for them because there would be an additional cost to DTE to read the meters. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:32 p.m. MARK CARUFEL, City Clerk