City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, FEBRUARY 3, 2015 IN CITY HALL Mayor Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor 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, Nate Shannon, Doug Skrzyniarz, Barbara A. Ziarko. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Lisa Oleskie, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the snow emergency. He stated that the objective on an emergency is to make sure all of the roads are clear; major roads are primary then subdivisions are second. This process typically takes 36-48 hours to get through the entire community. He went on to explain the phasing program and showed a map of Sterling Heights that is broken up into 12 snow routes with either Phase 1 or Phase 2, depending on the location of where you live. He explained that for a resident who lives in a Phase 2 section on the first snow emergency, that resident would be in Phase 1 on the next snow emergency. This phasing map can be found on the City’s website. He also noted that special arrangements can be made for seniors or Regular City Council Meeting Tuesday, February 3, 2015 Page 2 someone who is physically unable to clear their drive. He went on to state that with the snow emergency ending, the focus will be made on making sure the sidewalks are clear. He acknowledged the low amount of snow emergency parking tickets issued compared to previous years. He encouraged property owners to make the effort in clearing sidewalks of snow. He thanked the DPW and Code Enforcement personnel for their efforts in responding to this snow emergency. He also stated that 11 major pieces of snow plowing equipment have been purchased to make sure the City is prepared for these snow emergencies. Mr. Vanderpool introduced the following individuals who will be sharing the news on the Velocity Jr. Project; Brian Glowaik, Vice President of the Chrysler Foundation, Robert Monroe Assistant Superintendant of the Utica Community Schools, and Denice Gerstenberg, City Development Director. Ms. Denice Gerstenberg spoke about the history of the Velocity Jr. Project. She talked about starting this project back in 2011 that would encourage students to pursue careers in Science, Technology, Engineering, and Math. She stated that with the result of this STEM Program, the City has already recognized the value for the future in these careers. She acknowledged the partnership that made this whole project happen: Utica Community Schools, City of Sterling Heights City Council, and Fiat Chrysler Automobiles. Mr. Robert Monroe, Assistant Superintendent of UCS stated they are very thankful for the recognition, and positive reinforcement of the Velocity Jr. Program, and for embarking on this partnership and for all of the support. Mr. Brian Glowiak explained that the main reason for supporting Velocity Jr. was its creative, unique learning experience that this program had to offer. He felt that it is important to get these students interested and excited about their future. Regular City Council Meeting Tuesday, February 3, 2015 Page 3 Mr. Glowiak presented a $12,500 check to the Utica Community Schools in support of the Velocity Jr. program. ORDINANCE INTRODUCTION 1. Mr. Donald Mende, City Planner, made a presentation on a conventional rezoning request for property on the east side of Dequindre Road, between Maplecrest and Oakcrest Drives in Section 30, from R-60 (One-Family Residential District) to O-1 (Business & Professional Office District. He discussed that the intent is to utilize this property as a medical office. He stated there are two parcels of land that are involved, both on Dequindre road, and the Petitioner is asking to rezone the west 280 feet, and is intending to keep the remaining 60 foot parcel to the East as Single-Family Residential. He stated the Petitioner’s wife, who is a physician, plans to build a medical office and move her practice to this location and that this location is the only remaining parcel that is non-residential between 15 mile and Metropolitan Parkway. He stated the Planning Commission reviewed this item at their January meeting and recommended that City Council approve the zoning change to office, and that the Petitioner will still be required to complete the site-plan review process through the Planning Commission. Mr. Mende stated there were no public comments at that Planning Commission meeting. Mr. Paul Smith – Sterling Heights - expressed concern with this rezoning request in regards to the fact that he feels that residential is being turned into businesses. He stated the property is surrounded by residential. He urges a no vote on this item and item #3. Moved by Romano, seconded by Taylor, RESOLVED, to introduce a map amendment to conventionally rezone property on the east side of Dequindre Road, between Maplecrest and Regular City Council Meeting Tuesday, February 3, 2015 Page 4 Oakcrest Drives in Section 30, from R-60 (One-Family Residential District) to O-1 (Business & Professional Office District), Case No. PZ14-1131. Councilman Romano stated there is a 60-feet buffer between this development and the next residential property. He stated this development is in a good location and the business owner is building in Sterling Heights and elsewhere. Councilman Romano is in support of this request and stated that it will benefit the City. Councilwoman Ziarko asked Mende about the vacancy rate for O-1 in the City? Mr. Mende stated that the last study that was done through the Assessing office resulted with a 7% rate but he wasn’t certain, and asked to report back later. Councilwoman Ziarko asked if he thought it was lower than 10% and he answered yes. She discussed vacancies and existing buildings, and owners wanting to own their own building. She stated that owners should be able to have the opportunity to own instead of rent. She asked Mr. Mende on whether or not residents were notified about the rezoning meeting. Mr. Mende confirmed they were and stated that he received one phone call from a home owner on that street and the only concern he had was if there was going to be a wall installed for separation. Councilwoman Ziarko confirmed with Mr. Mende that there were no residents that spoke out at the Planning Commission Committee. Councilwoman Schmidt asked Mr. Mende for clarification on the wall that’s going up between the office building and the 60 foot residential lot that the petitioner is going to own. Mr. Mende clarified that the petitioner will retain the lot as residential and then develop it and the wall will not be placed on the lot line of the existing residential homeowner. Regular City Council Meeting Tuesday, February 3, 2015 Page 5 Mayor Taylor stated none of the residents on the street are objecting to this development and that this building will not cause any extra traffic or noise concerns for the surrounding neighborhood. He stated the vacancy rate is approaching 2 % and further stated that according to discussions with Economic Development Manager Luke Bonner, some vacancy is needed to allow businesses to expand within the City. Yes: All. The motion carried. 2. Mr. Donald Mende, City Planner, made a presentation on a rezoning request for single-family residential development. He stated Acadia Development, LLC (Petitioner) is requesting a conventional rezoning from TRO (Technical Research Office District) to R-60 (One-Family Residential District) for property commonly known at 37501 Mound Road and 27572 Adrian Drive. He state that this rezoning request, if granted, will facilitate the construction of single-family homes on the subject property and that the Petitioner is requesting this conventional rezoning to assemble parcels with like zoning in order to facilitate construction of a single-family residential development. Dr. Rick Toten - Sterling Heights – commented about the size of the lots proposed. He stated that existing homes in that area are much larger than what a 60 foot lot will support, and the proposed homes will not have an attached garage, and will not be consistent with surrounding homes. He stated the value of the existing homes will be negatively affected by this development. Ms. Irene Broski - Sterling Height – spoke against the motion and supports residents to prohibit the new subdivision. She asks that there be an access road from Mound making the new development self contained and eliminate construction traffic. She spoke about Regular City Council Meeting Tuesday, February 3, 2015 Page 6 trees that create a buffer from the ambulance business noise and who would be responsible for taxes and maintenance relating to the reservoir Mrs. Pauline Holeton – Shelby Township - asked if there were any impact studies done in relation to noise complaints that can be given to the residents. Mayor Taylor asked Mr. Mende to respond to the comments regarding R-60 lots, and whether or not they are large enough to build ranch homes with attached garages. Mr. Mende stated neighboring lots are zoned R-60 and that the proposed R-60 rezoning provides the correct lot size for building these ranch or colonial homes with attached garages. Moved by Skrzyniarz, seconded by Taylor, RESOLVED, to introduce a map amendment to conventionally rezone property on the south end of Adrian Drive and the north end of Tamarack Drive, west of Mound Road between Metropolitan Parkway and Fox Hill Drive in Section 20, from TRO (Technical Research Office District) to R-60 (One-Family Residential District), Case No. PZ14-1132. Councilman Skrzyniarz asked Mr. Mende about the buffer on the north end, and if there has been any discussion as to what is going in between those lots and the neighboring business and the vacant lot. Mr. Mende stated that because the properties are already developed, the City will not go back and require them to install a wall. He does suggest the developer install some sort of screening. Mr. Mende stated that when the property to the north of the businesses is developed, that development will be required to install screening where it abuts residential. Councilman Skrzyniarz asked that if during this process there is going to be opportunity for input from the city on the details in terms of the tree removal. Mr. Mende confirmed that under the Tree Preservation Ordinance, they will need to provide a Regular City Council Meeting Tuesday, February 3, 2015 Page 7 detailed inventory of all of trees on the property, and it will be reviewed and approved by the City prior to any removal. Councilman Skrzyniarz asked Mr. Mende about further site plan review. Mr Mende confirmed that extensive site plan review will be conducted before approval to start constructions is obtained and that residents can contact his office if residents have questions regarding the status of the project approval. Councilman Skrzyniarz commented on the recommendation of Police and Fire and residents having input going forward. Councilwoman Koski asked Mr. Mende about the construction on this property, and if there is any way that maybe an access for construction could be put out to Mound road. Mr. Mende stated he supported this idea and thought that was a great suggestion. He would have to consult with the developer and see if they could install an access road to Mound for all traffic. He also stated that the building department would monitor the developer to ensure the roads remained mud free. Councilwoman Koski asked the developer the type of construction they plan for this development. Mr. Chris Cousino, representing Acadia Development, stated they are proposing 2200 sq. ft. colonials, based upon the success of sales of this size and style in neighboring communities, with a price of $240,000. Councilwoman Koski asked about the proposed retention pond area. Mr Cousino stated the retention pond was needed to hold storm water from a storm event and that maintenance will be the responsibility of the site condominium association. Councilwoman Schmidt asked about a buffer for the property along the business property. Regular City Council Meeting Tuesday, February 3, 2015 Page 8 Mr. Cousino stated that the ambulance company has an existing screening wall to the rear of their property and it would be in their best interest to provide some buffer. Councilwoman Schmidt asked about the temporary access road off Mound and if that is something that he can look into. Mr. Cousino stated he would consider a construction access road off Mound and would research and contact the property owner. Councilwoman Schmidt questions how many parcels of land this rezoning will impact Mr. Cousino responded that only 2 parcels of land will be impacted and that they will be building 20 or 23 homes. Councilwoman Schmidt stated that in her neighborhood a stub street was opened up and there was some resistance, however when a stub street is in place, there is always the intention that the stub street will be opened. Councilwoman Schmidt is in support of this rezoning request for the safety concerns and better response time and supports the motion on the floor. Councilman Romano stated he believes that this development will increase the value of the existing homes. He pointed out that this developer has had success in putting together similar developments and this could be great for the community. He does acknowledge the concerns of construction traffic from the citizens. Councilwoman Ziarko asked if the models for these homes will be built on this particular site or located on his other sites with the option to build at that site? Mr. Cousino stated that there will not be any models on this location. They are currently constructing a model at Wolverine Country Club, which is located in Macomb Township. Regular City Council Meeting Tuesday, February 3, 2015 Page 9 He stated this model is slightly larger than the one that they are proposing here, so there will not be an exact model replica and they have spec homes in Clinton Township and they would divert their interest to these homes for viewing. Councilwoman Ziarko stated the majority of the property could already be developed as proposed and the request is to downgrade the zoning for a small part of the development and what the developer is looking to do is to produce only 3 additional homes for the development. She mentioned the reduced police and fire response times and is in favor of the rezoning. Councilman Shannon stated he watched the rezoning before the Planning Commission. He supports the rezoning request because the developer can proceed with 20 of the homes without the rezoning, residents concerns regarding tree loss and building size will be managed and he agrees with the Fire and Police department stating that dead end streets are a safety concern. Mayor Taylor asked Mr. Mende when the homes in this neighborhood were constructed. Mr. Mende stated both subdivisions were built in the early 1970’s Mayor Taylor stated he lives in an R-60 subdivision constructed in the 1990’s and the neighborhood next to him was constructed in the 1970’s and he is sure the neighborhood next to him was not happy when his subdivision was developed. He stated this is an example how the City expands and redevelops and this development shows interest in Sterling Heights. Mayor Taylor asked Mr. Mende if the developer is going to need any variances or anything additional in order to develop this property. Mr. Mende stated that that there does not appear to be any variances needed for lot sizes, home sizes or setbacks. Mayor Taylor questioned the development of a new street off Mound Rd for access to this development. Mr. Mende stated the City would not encourage the road off of Mound because it Regular City Council Meeting Tuesday, February 3, 2015 Page 10 would violate our own ordinance, which limits cul-de-sac’s to 500 feet in length and poses a exit problem for emergency vehicles. Mayor Taylor asked Mr. Mende whether the property will benefit from having a retention area. Mr. Mende stated that the neighborhood will be benefit from the retention area to relieve the existing system from storm flows. Mayor Taylor stated he supports this development and believes that there are good reasons for support. Yes: All. The motion carried. 3. Mr. Donald Mende, City Planner, made a presentation on a request to conventionally rezone property on the west side of Ryan Road, between 15 Mile Road and Rhoten Drive in Section 31, from R-60 (One-Family Residential District) to O-1 (Business & Professional Office District) conventional rezoning request. He stated this site is the location of the former Knights of Columbus Hall approved by the Planning Commission in 1990 and that the Knights of Columbus Hall moved out recently leaving the property up for sale with no takers. He stated that the property was subject of a zoning request 2 years ago to develop into a restaurant, and that the restaurant was deemed too intense for the area, and was subsequently denied. He stated that the current petitioner wants the property to be an office Mr. Mende stated that rezoning to an office is a reasonable low intensity use of this building, and with no other interest in this property it will become obsolete. He stated the Planning Commission reviewed this item at their January meeting and recommended that City Council approve the zoning change to office, and that there were no public comments at that meeting. Moved by Schmidt, seconded by Romano, RESOLVED, to introduce a map amendment to conventionally rezone property on the west side of Ryan Road, between 15 Mile Road and Regular City Council Meeting Tuesday, February 3, 2015 Page 11 Rhoten Drive in Section 31, from R-60 (One-Family Residential District) to O-1 (Business & Professional Office District), Case No. PZ14-1133. Councilwoman Schmidt asked Mr. Mende for clarification on how a Knight’s of Columbus was built on an R-60 parcel. Mr. Mende explained that this type of business was allowed under the ordinance as a special approval land use. Councilwoman Schmidt asked whether or not the empty parcel of land owned by the church has talked about any development. Mr. Mende stated that they have not made any indications on development. Councilwoman Schmidt stated she was in support of the rezoning request. Councilwoman Koski asked and Mr. Mende confirmed that the 3,500 square feet building is being turned into an office building. Councilwoman Koski asked Mr. Mende about other development options for this property. Mr. Mende stated that the only other thing permitted under the zoning regulations would be another fraternal organization. Councilwoman Koski asked if they could build another office building along with the 3,500 square foot building. Mr. Mende confirmed there is enough space and that there is vacant space to the West where they could do an expansion. Councilwoman Koski asked about adding a separate building to either the front or back of the property. Mr. Mende stated that it is a possibility, although he is not sure if there is enough room in the front because it would be pushing too close to Ryan road. Councilwoman Koski asked if there will be enough room for parking with a separate building added. Mr. Mende confirmed there will be enough parking space. Yes: All. The motion carried. Regular City Council Meeting Tuesday, February 3, 2015 Page 12 4. Captain Tom Fett, Sterling Heights Police Department, made a presentation regarding the proposed ordinance to amend Chapter 35 of the City Code to update the City’s regulations governing possession and use of tobacco by minors and add new regulations governing the purchase, possession, and use of vapor products by minors. Capt. Fett stated that the purpose of the new regulations were to govern the purchase, possession, and use of vapor products, more commonly known as e-cigarettes, by minors. Capt. Fett stated that one of the reasons why the City of Sterling Heights is known as a great place to work, live, visit, and raise a family is the progressive attitude toward regulating and prohibiting, when allowed, activities and/or products that tend to or may harm our residents and those working and visiting our city. Sterling Heights has always been in the fore front when it comes to these issues and this again is the case as it pertains to e-cigarettes. He explained that an e-cigarette is a solution of water with dissolved nicotine and other ingredients such as flavoring, glycerol, or propylene glycol. He said that E-cigarettes are battery operated nicotine inhalers that consist of a rechargeable lithium battery, a cartridge called a cartomizer and an LED that lights up at the end when you puff on the e-cigarette to simulate the burn of a tobacco cigarette. The cartomizer is filled with an e-liquid that typically contains the chemical propylene glycol along with nicotine, flavoring and other additives. He said the e-cigarette is then heated with a heating element, the nicotine solution is then vaporized and this passes into a mouth piece and is then inhaled. Captain Fett stated that surveys by the Center for Disease Control and Prevention show that e- cigarette use among students in middle and high school is increasing. A 2011 National Youth Tobacco Survey showed that 4.7% of school students reported trying an e-cigarette in the past year, In 2012 the percentage increased to 10% and that it is estimated that 1.78 million students in middle and high school have reported using e-cigarettes. He stated that the health risks are Regular City Council Meeting Tuesday, February 3, 2015 Page 13 yet to be determined, however a study published by National Jewish Health in Denver states that the liquid used in e-cigarettes has been linked to significantly higher risks of respiratory infections and the American Lung Association states that absent Food and Drug Administration (FDA) regulation, there is no way for the public health, medical community or consumers to know what chemicals are contained in e-cigarettes or what the short and long term health implications might be. He further stated that a 2014 study showed wide ranging nicotine levels in e-cigarettes and substantial variability between listed and actual nicotine levels in products. And that in 2009 the FDA conducted initial lab tests and found detectable levels of toxic cancer-causing chemicals, including an ingredient used in anti-freeze, in two leading brands of e-cigarettes and 18 various cartridges. Captain Fett stated that two initial studies have found formaldehyde, benzene and tobacco- specific carcinogen coming from those secondhand emissions. Other studies have shown that chemicals exhaled by users also contain formaldehyde, acetaldehyde and other potential irritants. As it pertains to current regulations regarding e-cigarettes, the Food and Drug Administration has yet to set Federal Laws regulating the advertising, ingredients, and sale of e-cigarettes and in Michigan, there are no laws or regulations banning the possession, use, or sale of e-cigarettes to minors. There is proposed legislation that was passed by both the House and Senate in June of 2014 and then vetoed by Governor Snyder because it did not go far enough toward regulating e-cigarettes. Capt. Fett stated the proposed amendments to Chapter 35 of the city ordinance would update the ordinance governing e-cigarette possession and use of tobacco by minors and would prohibit the following by a minor: purchase or possess or attempt to purchase or possess a tobacco product; use a tobacco product in a public place; use false identification in an attempt Regular City Council Meeting Tuesday, February 3, 2015 Page 14 to do any of the above. The law would also make it unlawful for minors to possess and use vapor products, make it unlawful for anyone to sell or furnish vapor products to minors, de- criminalizes the first offense for minors which keeps the matter in the 41-A District Court versus the Macomb County Juvenile Court, add a Parental Responsibility component; amend “attempts” by adding aiding and abetting, conspiracy, and acting as an accessory. Capt. Fett stated that the penalty for violating the ordinance, for minors a first offense would be a municipal civil infraction. A municipal civil infraction is a civil action not a criminal action and the fine is proposed to be $500, additionally the fine can be reduced to $50 if the person takes an approved educational course about the effects of tobacco and vapor products before the court date. A 2nd or subsequent offense would be misdemeanor, to include probation and court oversight identical to State law and a $50 Fine. For parents under the Parental Responsibility component, each offense is a Municipal Civil Infraction, the fine is proposed to be $500, and the fine can be reduced to $50 if the person takes an approved educational course about health promotion and risk reduction before the court date. Capt. Fett concluded by stating that the updates and revisions in the ordinance will assist the police department in addressing minors who use tobacco and/or e-cigarettes, their parents, and those who sell it in violation of the law. He stated that this in no way means that every person who we come across will receive a violation and that the department’s statistics for the last three years show that only 11 violations were written for minor in possession of tobacco and that the first course of action is always to educate as to what the law is and the negative effects of using tobacco and now e-cigarettes and if those efforts fail only then do we resort to a violation to the minor and now the parent if necessary. Regular City Council Meeting Tuesday, February 3, 2015 Page 15 Mr. Jeffrey Norgrove – Sterling Heights - supports this amendment and suggested that instead of fines, there should be more community service. He also questioned the vapors from marijuana, and the updating the marijuana ordinance. Ms. Early – Sterling Heights – thanked the City for implementing amendment and is in full support. Mr. Harry Marchlones – Sterling Heights - supports the amendment and questioned how this amendment will be enforced. Mr. John Holeton – Shelby Township – discussed addiction and supports this ordinance to protect the children and the community. Michael Radke - Shelby Township - He believes that this amendment is a solution in need of a problem and the fines are a money grab and the penalty is too much. He stated the state law is unclear at this time. He is not in support of this amendment. Moved by Ziarko, seconded by Schmidt, RESOLVED, to introduce an ordinance to amend Chapter 35 of the City Code to update the City’s regulations governing possession and use of tobacco by minors and add new regulations governing the purchase, possession, and use of vapor products by minors. Councilwoman Ziarko asked Capt. Fett if this amendment will put us in compliance with state law. Capt. Fett stated on the tobacco portion it will update our law, but for the e-cigarettes, what we are trying to enact is what was proposed in the state law. Councilwoman Ziarko asked how this amendment will be enforced. Capt. Fett stated the department does take action when they see a violation. This sort of action would consist of an officer getting out of his vehicle and addressing the situation by interacting with the minor, and their parents. He stated the few violations written positively reflect the efforts of officers and Regular City Council Meeting Tuesday, February 3, 2015 Page 16 the department to minimize written violations when the parents are working with the department. Councilwoman Ziarko asked about the legal age to purchase tobacco products. Capt. Fett said anyone under the age of 18 is not allowed to buy or possess tobacco products. Councilwoman Ziarko asked about the classes held for minors looking to reduce their fines. Capt. Fett said that he will find out where these classes can be held and that he wants to bring those classes to the community and that a class would be created if one can’t be brought to the community. Councilwoman Ziarko asked if community service would have to be in the discretion of the court, or something that needed to be included in the ordnance. Capt. Fett stated he was not sure and will get back to City Council in two weeks on an answer. Councilwoman Ziarko supported bringing back the D.A.R.E. Program. Councilwoman Schmidt asked about the cost of these classes taken to reduce the fines. Capt. Fett was not sure on the answer and will get back to City Council at a later date. Councilwoman Schmidt also suggested bringing back the D.A.R.E. Program. She stated she is in support of this amendment, along with the possibility of community service as a first offense. She asked if there is a way of tracking whether or not it’s been the minor’s first, or second time on this offense Capt. Fett stated patrol districts become familiar with the persons they contact in this area, along with having a computer system that can pull up prior violations or interactions. Councilman Skrzyniarz stated he is in support of integrating community service and address the cost issue, and he is in support of the D.A.R.E. Program, along with the introduction of this amendment to the ordinance. Regular City Council Meeting Tuesday, February 3, 2015 Page 17 Councilwoman Koski asked Mr. Bahorski about his opinion of community service in regards to this ordinance. Mr. Bahorski stated they would investigate further and report back and that community service can be a very costly sanction for an ordinance like this. He stated that the City would have to be responsible for these minors, which could entail a great deal of risk. Yes: All. The motion carried. CONSENT AGENDA 5. Ms. Linda Godfrey – Sterling Heights - asked about bills paid to Identity Creative and also a bill paid to a Gene Smith, involved with the Farmers Market. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of January 20, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $$322,171.54, Water & Sewer Fund - $123,069.35, Other Funds - $962,732.26, Total Checks - $1,407,973.15. C. RESOLVED, to adopt the resolution establishing a schedule of City Council Workshops for the purpose of reviewing and acting upon the fiscal year 2015/16 proposed budget and to direct the City Clerk to provide the appropriate notice as required by Michigan’s Open Meetings Act. D. RESOLVED, to award the bid for transit mix to Superior Materials, LLC, 30701 West Ten Mile Road, Suite 500, Farmington Hills, MI 48333, based on unit prices bid for a one-year period. E. RESOLVED, to award the bid for Dell PowerConnect Access Points to Access Interactive, 46665 Magellan Drive, Novi, MI 48377, at a cumulative cost of $23,406. F. RESOLVED, to accept the proposal by LaBelle Electric Services, Inc., 24546 21 Mile Road, Macomb, MI 48042, for electrical services and repairs for a two-year period, with Regular City Council Meeting Tuesday, February 3, 2015 Page 18 an option for the City Manager to extend the terms and conditions of the proposal an additional one-year period. G. RESOLVED, to approve final payment to A Land Construction, 22146 Ford Road, Dearborn Heights, MI 48127 in the amount of $7,567.25, plus interest on retainage and a retainage for cash surety in the amount of $2,000.00, for the 2014 Sidewalk Replacement Program, City Project #12-236. H. RESOLVED, to receive the lawsuit, Trompeter vs. City of Sterling Heights; Macomb County Circuit Court Case No. 15-0009-NO. I. RESOLVED, to receive the lawsuit, Woodland Estates, LLC vs. City of Sterling Heights, et al; Macomb County Circuit Court Case No. 14-4925-CC. Yes: All. The motion carried. CONSIDERATION 6. Mayor Taylor recommended Michael Lombardini as the mayoral appointment to the Elected Officials’ Compensation Commission. Moved by Romano, seconded by Ziarko, RESOLVED, to appoint Mr. Michael Lombardini to the Elected Officials’ Compensation Commission to a term ending June 30, 2015, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. 7. Mr. Scott Edwards, local liquor license attorney for TGI Friday’s, made a presentation to City Council on a stock transfer for the business, and stated that there will be no change in the operation of this company. He stated the transfer was approved by the liquor control commission. Regular City Council Meeting Tuesday, February 3, 2015 Page 19 Moved by Schmidt, seconded by Romano, RESOLVED, that the request from TGI Friday’s, Inc. (A New York Corporation) to transfer all stock in 2014 Class C licensed business, located at 33703 Van Dyke, Sterling Heights, MI 48312, Macomb County, to new stockholder, TGIF Parent, Inc. (thru merger) is recommended for approval. Councilwoman Schmidt stated she is in support of the request for the TGI Friday’s liquor license transfer. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Jeffrey Norgrove – Sterling Heights - thanked DPW for snow removal efforts; new city logo. Ms. Jazmine Early- Sterling Heights - thanked DPW for street cleanup; library crafts; new city logo; May 5th tax increase. Ms. Linda Godfrey- Sterling Heights - cost of new city logo, approval process. Mr. Paul Smith- Sterling Heights - new city logo, police department promotions, private enterprise offerings in Sterling Heights, farmers market, and the proposed dog park. Mr. Bruce Kremhelmer, Chairman of Zoning Board of Appeals – Communication with Mayor Taylor and comments made by Mr Smith at the last ZBA meeting. Mr. Harry Marchlones- Sterling Heights - operation of the City as a business, decision making, operation of the City, departmental response to his questions. Thanked DPW for snow removal efforts. Mr. George Parker- Sterling Heights - new city logo and vision. Mrs. Moira Smith- Sterling Heights - entertainment venues; city taxation; city programs. Regular City Council Meeting Tuesday, February 3, 2015 Page 20 Mr. Mike Lombardini – Sterling Heights - police quick response and arrest of suspect involved in armed robbery at a Kroger store. Ms. Jackie Ryan- Sterling Heights - city logo, round-about, farmer’s market, smart meters, smart meter ordinance. Ms. Verna Babula- Sterling Heights - city logo, smart meters, letter from the State Senator Tory Rocca Mrs. Pauline Holton - Shelby Township - smart meters, the costliness and health hazards. Mr. John Holton - Shelby Township - smart meters, effects of radiation. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Councilman Romano addressed phone calls regarding snow removal. He asked Mr. Vanderpool about joining with other municipalities and communities interested in moving forward with smart meters. Mr. Vanderpool reported that there were no municipalities that were willing to partner with the City in taking any legal action against smart meters. He stated that municipalities tend to stay out of that role because it is not their jurisdiction. Councilman Romano stated he spoke with officers and will support security gates behind the police department. Councilman Skrzyniarz talked about his comments regarding smart meters. He also responded to Mr. Holton’s statement on cell phones and cell phone towers causing the same amount of radiation as a smart meter. Councilwoman Ziarko responded to Ms. Early’s comment about educating the residents about the ballot proposal coming up in the May election. She asked if our state representatives would be interested in doing a session that would explain exactly what the ballot proposal means. Regular City Council Meeting Tuesday, February 3, 2015 Page 21 Councilwoman Ziarko asked Mr. Bahorski about what it would take for residents to do a referendum to put that smart meters on the ballot for residents to vote on. Mr. Bahorski stated that under the Michigan Constitution, there is the power of initiative. He explains that it is a multi-step process in which residents can present the state law and file it with the Secretary of State for approval. Councilwoman Schmidt thanked the entire DPW department for the phenomenal job on the snow removal. Councilwoman Koski asked whether or not Representative Rocca has been invited to the rescheduled February 13th meeting Mr. Vanderpool responded by stating that he has been invited, but has not committed to the meeting. Mr. Taylor addresses comments that Mr. Smith made at a recent ZBA meeting. He stated that it is not unethical or against city code to have contact with or speak with a board or commission member. He also spoke about comments to the business community at a recent presentation at Cherry Creek. UNFINISHED BUSINESS There was no Unfinished Business discussed. NEW BUSINESS There was no New Business. ADJOURN Moved by Ziarko, seconded by Taylor, to adjourn the meeting. Regular City Council Meeting Tuesday, February 3, 2015 Page 22 Yes: All. The motion carried. The meeting was adjourned at 10:54 p.m. MARK CARUFEL, City Clerk