City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 18, 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, 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 with the substitution of the blue sheet Agenda Statement and Staff Report under Agenda Item 1. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reminded residents of National Night Out at the Police Department on Wednesday, August 19th from 6:30 to 9:00 p.m. The event will include demonstrations of public safety equipment and displays from the police and fire departments. Emergency service personnel will speak to residents about established volunteer programs like the Citizens' Response Team (CERT), Neighborhood Watch and Citizens on Patrol (COPS). Raffles, prizes and refreshments will also enhance the event. Regular City Council Meeting Tuesday, August 18, 2015 Page 2 Mr. Vanderpool was pleased to announce the City has secured the U.S. Honor Flag that travels around the Country in remembrance of 911. It will be flown at City Hall at 9:00 a.m. on Friday, September 11, 2015. He gave special thanks to Councilman Skrzyniarz for securing the flag on behalf of the City. Mr. Vanderpool thanked all the residents for their feedback on the City's website and pointed out a number of refinements. He encouraged residents to continue to provide their feedback and the City will continue to make refinements. Mr. Vanderpool reported with the assistance from the Macomb OU Incubator, Rayomar Enterprises secured a grant for Business Accelerator Funds to help the company further develop its trademarked carrier and mounting system. The $21,000 grant will allow Rayomar to complete a market analysis and discovery report, further develop their website and file additional patents and claims. Mr. Vanderpool announced Economic Development Advisor Luke Bonner would be discussing all the City has to offer. A short marketing video was shown at this time. Mr. Vanderpool recognized the Video Production crew for their great job on the video. PUBLIC HEARING 1. Mayor Taylor opened the public hearing to consider the application by Universal Tool Equipment & Controls, Inc. for an Industrial Facilities Exemption Certificate at 6525 Center Drive. Mr. Dwayne McLachlan, City Assessor, made a presentation. He pointed out the company would qualify for seven years, but state law does not permit an abatement term Regular City Council Meeting Tuesday, August 18, 2015 Page 3 in excess of the Applicant's remaining lease term for the leased facility, therefore the company would only qualify for a four-year abatement. Mr. Joe Judnick questioned the investment and amount of property taxes to the abatement. He stated is he opposed to tax abatements. Mr. Bill Bartolotta, President of Universal Tool Equipment & Controls, Inc. stated they moved into this building in June of 2014 with 21 employees. They currently have 43. He stated this abatement will allow them to continue their plan and hire more employees. They plan to buy more equipment and grow their company. Mayor Taylor closed the public hearing. Moved by Schmidt, seconded by Skrzyniarz, RESOLVED, that the application for an Industrial Facilities Tax Exemption Certificate by Universal Tool Equipment and Controls, Inc. at 6525 Center Drive is hereby approved for a period of four years in accordance with the guidelines established by City Council and the Mayor and City Clerk are hereby authorized to sign, as applicable, all documents required in conjunction with this approval. Councilwoman Schmidt pointed out this is a $1,049,699 real property investment in our City. It will bring at least 11 new high paying engineering jobs over the next four years. Councilman Skrzyniarz stated he is in full support of bringing more jobs into the community. Mr. McLachlan expanded on the company's request and stated $1,049,699 represents a building addition of almost 15,000 square feet. The annual taxes that are generated for Regular City Council Meeting Tuesday, August 18, 2015 Page 4 the City are $3,900. Over the four year period, it will abate almost $16,000. He pointed out school taxes and other taxing authorities are also affected. The total value of the abatement for all authorities would be $56,947. Yes: All. The motion carried. ORDINANCE INTRODUCTION 2. Mr. Vanderpool reported on new information that was obtained after the last City Council meeting. He requested additional time for review of a recent court ruling as it pertains to signage and the impact on municipalities. He stated there is still a great deal of analysis to be done. Mr. Vanderpool stated the City Attorney agreed and suggested an indefinite postponement on the ordinance amendment until the Strategic Planning Session in January of 2016 to allow the Administration an opportunity to review the court ruling and submit a report to City Council. Mr. Bahorski stated the Supreme Court is struggling with the impact on the cities. It's a tough question and he stated if the City were to take action tonight we may have to come back at a later date and revisit the political sign ordinance. He also suggested an indefinite postponement to allow them time for additional research. Mr. Jeffrey Norgrove questioned whether in-house signage was part of this amendment or if it only pertained to political signs. Also, whether it would exclude banners at the DPW. Mr. Paul Smith questioned the timing of this new information. Mr. Mike Lombardini spoke in favor of a postponement. Regular City Council Meeting Tuesday, August 18, 2015 Page 5 Moved by Koski, seconded by Ziarko, RESOLVED, to postpone indefinitely the ordinance amending Zoning Ordinance No. 278 to eliminate the requirement of written consent for placement of signage on a third-party owner's vacant or non-residentially- zoned property, and to provide for abatement of signs that exceed the size and/or number permitted on such properties. Both Councilwoman Koski and Councilwoman Ziarko wanted to wait until the additional research was completed before they commented on the amendment. Councilman Romano explained the ordinance states any political signs on vacant or commercial property require written consent of the owner. The suggestion was to eliminate that and just have a verbal commitment, but he believes we would run into a lot of problems by accepting verbal agreements because the ordinance officer would not know who received the verbal commitment. He sees no problem with the indefinite postponement. Mayor Taylor stated he initiated this amendment. He stated the consent form states that the property owner has to ask permission from the City before they could exercise their free speech protected by the Constitution. He believes it would be inappropriate for the City Council to change this ordinance now and then possibly change it again at a later time. He agrees with the motion to postpone it indefinitely. Yes: All. The motion carried. ORDINANCE ADOPTION 3. Mr. Charles Jefferson believes this ordinance is much to do about nothing. He stated the City can't regulate the sky lanterns and people will just go outside the City. Regular City Council Meeting Tuesday, August 18, 2015 Page 6 Mr. Robert Bankey, Regional Manager of Pro-Fireworks spoke against the ban on sky lanterns. He discussed their use and the stipulations they have in place for use. He stated the governing body needs to enforce the laws, but not govern every aspect of our lives. Mr. Mike Lombardini spoke in support of the ordinance amendment and believes sky lanterns are dangerous. He pointed out people do not read instructions. Moved by Romano, seconded by Taylor, BE IT ORDAINED, to adopt an ordinance banning the sale and use of sky lanterns in the City of Sterling Heights. Councilman Shannon discussed Section 20-115, subsection (m) and requested an amendment to the motion. Moved by Shannon, seconded by Taylor, RESOLVED, to amend Subsection 20-115 (m) of the ordinance to delete the words "possessed, given, furnished or transported". Yes: All. The motion carried. The main motion is back on the floor, with the amendment. Councilman Romano is not against fireworks, but at the proper time, the Fourth of July and New Year’s Eve. He also objects to the loud boomer fireworks. He pointed out the fires caused by sky lanterns and stated he is not willing to put our residents at risk. Councilman Romano agrees with Councilman Shannon's amendment. He stated 9 countries, 7 states, and 11 Michigan communities are known to have completely banned sky lanterns and the National Association of State Fire Marshals has encouraged every state to ban sky lanterns. Councilwoman Schmidt questioned whether Chief Martin had an opportunity to rally other communities around the City. Regular City Council Meeting Tuesday, August 18, 2015 Page 7 Chief Martin responded of the 27 communities in Macomb County, 12 fire chiefs are in support of this amendment and he believes more will come on board after they see what this City does. Councilwoman Ziarko questioned Mr. Bahorski as to what would qualify as a religious ceremony. Mr. Bahorski discussed the permit process established and added that the lanterns would be tethered. Chief Martin added the religious organization would have to meet certain criteria and they would have to show their certificate of liability insurance or provide a letter from their insurance company stating they would be in agreement with this request. Councilwoman Ziarko discussed civic organizations, football teams or the American Cancer Society events and clarified that they would not be able to use the sky lanterns. Chief Martin responded yes, that would be correct. He is not in support of anyone using sky lanterns, but stated they cannot ban religious organizations from participating if this is part of their religion. Councilwoman Ziarko also expressed concern with enforcement of the ordinance. Chief Martin stated they do the same thing with fireworks. He pointed out if a police officer or firefighter witnesses the violation, they could issue a fine. Councilwoman Ziarko inquired whether a photograph or video recording would be sufficient witness of the violation. Mr. DeNault, Assistant City Attorney, responded yes that would be sufficient proof in court. Regular City Council Meeting Tuesday, August 18, 2015 Page 8 Mayor Taylor stated on the topic of religious ceremonies, they could not pass an ordinance that would prohibit the free practice of religion. He is not in favor of the use of sky lanterns. Mayor Taylor discussed the wind restriction as alluded to by the representative from Pro-Fireworks that sky lanterns are unsafe if used with winds of more than 5 miles per hour and stated the average wind conditions are 8-9 miles per hour. He pointed out it was stated by the representative from Pro-Fireworks, that we shouldn't restrict the use of sky lanterns because 1-2% of the people break the law. Mayor Taylor stated the City has a population of 132,000 residents and 2% would be 2,600 people and that is not a good reason to ignore this problem and he believes it would be unsafe. Mayor Taylor feels comfortable supporting the ordinance amendment. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 442 AN ORDINANCE TO AMEND ARTICLE V OF CHAPTER 20 OF THE CITY CODE TO BAN THE SALE AND USE OF SKY LANTERNS WHEREAS, it is the desire and intent of the City Council to provide citizens with the greatest degree of protection from fire; and WHEREAS, aerial candles known as sky lanterns, sky candles, fire balloons, airborne paper lanterns, Chinese lanterns, Kongming lanterns, wish lanterns, or khoom fay are not consumer fireworks or novelty fireworks as defined by Michigan law; and WHEREAS, sky lanterns can drift out of control for 10 to 12 minutes with an open flame; and WHEREAS, the City’s Fire Chief and Fire Marshal, along with the National Association of State Fire Marshals, have determined that there is a serious fire and safety hazard associated with sky lanterns, which includes the potential to start unintended fires, with several such fires having been documented during the past several years, including causing a fire in England at a plastics recycling plant which caused $9 million in damage; and Regular City Council Meeting Tuesday, August 18, 2015 Page 9 WHEREAS, the National Association of State Fire Marshals enacted Resolution 2013-3 strongly encouraging every state to ban sky lanterns; WHEREAS, as recently as May of 2015, sky lanterns drifted into a cellular tower in North Carolina, causing it to ignite and requiring 20 firefighters and nearly 6,000 gallons of water to extinguish; and WHEREAS, the City Council desires to protect the lands, fields, buildings, structures, and homes within the City from the danger of fire by prohibiting the igniting and launching of sky lanterns; and WHEREAS, at least 9 countries, 7 states, and 11 Michigan communities are known to have completely banned sky lanterns, with many others allowing their use only if tethered to the ground and continuously monitored; NOW THEREFORE, THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Section 20-100 of the City Code shall be amended to add a new definition: SKY LANTERN. An airborne lantern typically made of paper with a wood or bamboo frame containing a candle, fuel cell composed of waxy flammable material, or other open flame which serves as a heat source to heat the air inside the lantern to cause it to lift into the air. The term includes sky candles, fire balloons, airborne paper lanterns, Chinese lanterns, Kongming lanterns, wish lanterns, and khoom fay. Sky lanterns are not fireworks. SECTION 2. Section 20-115 of the City Code shall be amended to include a new subsection (m) to read as follows: (m) Sky lanterns shall not be used, ignited, launched, offered for sale, exposed for sale, sold at retail, or kept with intent to sell at retail. Exception: (1) Upon approval of the Fire Marshal, sky lanterns may be used when necessary for religious ceremonies and the Fire Marshal is satisfied, after reviewing a completed application for an operational permit, that adequate safeguards will be implemented. However, all such sky lanterns must be tethered in a manner that prevents them from leaving the immediate area, must be used in the manner and with the safeguards approved by the Fire Marshal, and must be constantly attended until extinguished and collected by the applicant. Regular City Council Meeting Tuesday, August 18, 2015 Page 10 SECTION 3. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 4. This ordinance shall become effective immediately upon publication of a notice of adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 4th day of August, 2015, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 18th day of August, 2015. MICHAEL C. TAYLOR, Mayor MARK CARUFEL, City Clerk INTRODUCED: 08-04-15 ADOPTED: 08-18-15 PUBLISHED: 08-23-15 EFFECTIVE: 08-23-15 Yes: All. The motion carried. CONSENT AGENDA 4. Pastor Dwight Schultz of First Baptist Church of Sterling Heights thanked the City for recognizing them on their 50th Anniversary and invited them to attend their celebration service on September 6th at 10:30 a.m. and 2:30 p.m. (Item D) Mr. Joe Judnick discussed Item J and inquired the total lineal feet we are doing for this amount of money and if this is all that is being done this year. He believes the roads are very underfunded and questioned whether Council could come up with another $50,000 for road repairs. Regular City Council Meeting Tuesday, August 18, 2015 Page 11 Mr. Mike Gretel questioned Item I resurfacing of 15 Mile Road Dequindre to Ryan and inquired whether it would be all of 15 Mile Road or just the intersections. Mr. Vanderpool responded on the Joint Sealing, the lineal footage is 121,500 lineal feet of joint sealing. He pointed out the City is doing all it can in terms of funding. We are spending close to one million dollars on road improvements in the City. There is a massive amount of road projects going on this year. Mr. Vanderpool stated 15 Mile Road will be resurfaced and will include milling from just east of Ryan out to Dequindre. The intersection of Dequindre and 15 Mile Road will be improved in both directions. Mr. Vanderpool pointed out we are still pushing for a state solution for road funding in Michigan. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of August 4, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $935,598.89, Water & Sewer Fund - $2,745,704.52, Other Funds - $2,343,956.34, Total Checks - $6,025,259.75. C. RESOLVED, to adopt the Reimbursement Resolution declaring the City of Sterling Heights' intent to be reimbursed from bond proceeds for any expenditures undertaken by the City for road projects prior to issuance of Michigan Transportation Fund bonds. REIMBURSEMENT RESOLUTION FOR ROAD PROJECTS ___________________________________ Regular City Council Meeting Tuesday, August 18, 2015 Page 12 CITY OF STERLING HEIGHTS County of Macomb, State of Michigan ___________________________________ Minutes of a regular meeting of the City Council of the City of Sterling Heights, County of Macomb, State of Michigan, held on August 18, 2015, at 7:30 p.m., prevailing Eastern Time. PRESENT: Members Koski, Romano, Schmidt, Shannon, Skrzyniarz, Taylor, and Ziarko ABSENT: None The following preamble and resolution were offered by Member: Koski and supported by Member: Romano: WHEREAS, the City of Sterling Heights, County of Macomb, State of Michigan (the “City”), intends to issue Michigan Transportation Fund Bonds, pursuant to Act 175, Public Acts of Michigan, 1952, as amended, in the principal amount of not to exceed Ten Million Seven Hundred Thousand Dollars ($10,700,000) (the “Bonds”), for the purpose of paying the cost of constructing, reconstructing, resurfacing and rehabilitating road improvements in the City, including all related appurtenances and attachments (the “Project”); and WHEREAS, the City intends at this time to state its intentions to be reimbursed from proceeds of the Bonds for any expenditures undertaken by the City for the Project prior to issuance of the Bonds. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City makes the following declarations for the purpose of complying with the reimbursement rules of Treas. Reg. § 1.150-2 pursuant to the Internal Revenue Code of 1986, as amended: (a) The City reasonably expects to reimburse itself with proceeds of the Bonds for certain costs of the Project which were paid or will be paid from funds of the City subsequent to sixty (60) days prior to today. (b) The maximum principal amount of debt expected to be issued for the Project, including issuance costs, is $10,700,000. (c) A reimbursement allocation of the capital expenditures described above with the proceeds of the Bonds will occur not later than 18 months after the later of (i) the date on which the expenditure is paid, or (ii) the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original Regular City Council Meeting Tuesday, August 18, 2015 Page 13 expenditure is paid. A reimbursement allocation is an allocation in writing that evidences the City’s use of the proceeds of the Bonds to reimburse the City for a capital expenditure made pursuant to this resolution. 2. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution be and the same hereby are rescinded. AYES: Members: Koski, Romano, Schmidt, Shannon, Skrzyniarz, Taylor, and Ziarko NAYS: None RESOLUTION DECLARED ADOPTED. _______________________________________ City Clerk I hereby certify that the attached is a true and complete copy of a resolution adopted by the City Council of the City of Sterling Heights, County of Macomb, State of Michigan, at a regular meeting held on August 18, 2015, and that public notice of said meeting was given pursuant to and in full compliance with Act No. 267, Public Acts of Michigan, 1976 and that minutes of the meeting were kept and will be or have been made available as required by said Act. _______________________________________ City Clerk D. RESOLVED, to adopt the resolution recognizing and congratulating First Baptist Church of Sterling Heights on the occasion of its 50th Anniversary. ~ Resolution ~ A resolution of the Sterling Heights City Council recognizing and congratulating First Baptist Church of Sterling Heights on the occasion of its 50th Anniversary. From humble beginnings in 1965 as Alpha Baptist Church, a group of dedicated believers led by Pastor Blaine Farley were inspired to move from temporary worship space in a Royal Oak school to a permanent church; Regular City Council Meeting Tuesday, August 18, 2015 Page 14 This vision quickly became a reality as First Baptist Church of Sterling Heights was incorporated on October 26, 1966 from its new permanent location in Sterling Heights at 33380 Ryan Road; Over the next two years, the First Baptist Church community constructed a beautiful auditorium with several classrooms. By February, 1996, First Baptist Church was breaking ground on a new construction project that would add an 850 seat auditorium and an office complex to the existing facility. Worship services in the new auditorium commenced on December 15, 1996. On all accounts, the First Baptist Church of Sterling Heights has over the course of the past fifty years succeeded in fulfilling its faith mission to its Sterling Heights congregation. This sustained growth and dedication would not have been possible without the leadership of Pastor Dwight Schultz and his predecessors. Together with the church staff and volunteers, the First Baptist Church has established a strong legacy that will serve it well for the next fifty years. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, does hereby recognize and congratulate First Baptist Church of Sterling Heights on the occasion of its 50th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 18th day of August 2015. ____________________________ Mark Carufel, City Clerk E. RESOLVED, to: a) Purchase seven 2015 Chevrolet Caprice PPVs from Berger Chevrolet, Inc., 2525 28th Street S.E., Grand Rapids, MI 49512, through the State of Michigan cooperative bid, MiDeal contract #071B1300016, in the cumulative amount of $194,927.25; and b)Approve the purchase of a 2015 Ford Explorer from Gorno Ford, 22025 Allen Road, Woodhaven, MI 48183, through the State of Michigan Regular City Council Meeting Tuesday, August 18, 2015 Page 15 cooperative bid, MiDeal contract #071B1300005, in the amount of $28,541.00; and c) Authorize an amendment to the Capital Project Fund budget in the amount of $13,968.25 from General Fund reserves. F. RESOLVED, to: a) Award the bid for the Dell OptiPlex 9020 Small Form Factor Desktop, Dell OptiPlex 9020 Mini Tower Desktop, Dell Latitude 14 5450 Laptop, Dell Latitude 14 Rugged Laptop, Dell Havis Docks, Dell Havis Docks with Power, Dell SAN Storage Disk, and Microsoft Office volume licenses, to Access Interactive, L.L. C., 46665 Magellan Drive, Novi, MI 48377, based upon unit prices bid for a one-year period. b) Authorize an amendment to the Capital Project Fund budget in the amount of $14,785.25 from General Fund reserves. G. RESOLVED, to purchase four Stalker 2X radar units with accessories from Applied Concepts, Inc., d/b/a Stalker Radar, 2609 Technology Drive, Plano, TX 75074, at unit pricing available through the State of Michigan's cooperative purchasing program, MiDeal Contract No. 071B4300042, in the cumulative amount of $10,660. H. RESOLVED, to purchase maintenance, repair and operating supplies and related services from: Regular City Council Meeting Tuesday, August 18, 2015 Page 16 a) Home Depot, U.S.A., Inc., 2455 Paces Ferry Road, Atlanta, GA 30339, at pricing available through the U.S. Communities Government Purchasing Alliance, Contract #11019, through July 31, 2017; and b) W. W. Grainger, Inc., 5617 Enterprise Drive, Lansing, MI 48911, at pricing available through the State of Michigan's cooperative purchasing program, MiDeal Contract #071B1300329, through February 28, 2016, with an option to extend the terms and conditions an additional year through February 28, 2017. I. RESOLVED, to award a bid for the 15 Mile Road Resurfacing, Dequindre Road to Ryan Road, City Project #15-271, to Ajax Paving Industries, Inc., 830 Kirts Blvd., Suite 100, Troy, MI 48084, in the amount of $1,714,005.65 and authorize the Mayor and City Clerk to sign all documents required on behalf of the City. J. RESOLVED, to award the bid for the 2015 Joint Sealing Program, City Project #15-272, to Michigan Joint Sealing, 28830 W. 8 Mile, Suite 103, Farmington Hills, MI 48336 for Section 1 - Joint Sealing - Local Roads in the amount of $84,000.00 and Section II - Joint Sealing - Major Roads in the amount of $25,200.00 and authorize the Mayor and City Clerk to sign all documents required on behalf of the City. K. RESOLVED, to approve final payment to Pro-Line Asphalt Corp., 11797 29 Mile Road, Washington, MI 48095, in the amount of $9,419.17 plus interest on retainage for Beaver Creek Park Asphalt Path, City Project #14-263. Regular City Council Meeting Tuesday, August 18, 2015 Page 17 Yes: All. The motion carried. CONSIDERATION 5. Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Michael Sauger as an alternate member to the Board of Ordinance Appeals I to a term ending June 30, 2016, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Kathryn Jiles as an alternate member to the Board of Ordinance Appeals II to a term ending June 30, 2016, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. 6. Mr. Charles Jefferson discussed board and commission appointment positions. Moved by Romano, seconded by Taylor, RESOLVED, to nominate Michael Stickney for consideration as an appointee to the Board of Ordinance Appeals II at the September 1, 2015 regular City Council meeting. Yes: All. The motion carried. 7. Mr. Charles Jefferson discussed his duties while on the Citizens Advisory Committee. Mr. Paul Smith spoke in support of Mr. Jefferson for a position on a Board or Commission. Mr. Joe Judnick spoke in support of Mr. Jefferson and stated he is good for the City. Regular City Council Meeting Tuesday, August 18, 2015 Page 18 Mayor Taylor recommended Stephanie Guran and Robert Lulgjuraj for the Ethnic Community Committee appointments. Moved by Romano, seconded by Taylor, RESOLVED to appoint Stephanie Guran and Robert Lulgjuraj to the Ethnic Community Committee to a term ending June 30 2016, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Mayor Taylor indicated he spoke with both individuals and he is pleased that we were able to find these two people for the positions. Yes: All. The motion carried. Moved by Romano, seconded by Taylor, RESOLVED, to postpone the appointment to the Board of Code Appeals to the meeting of September 1, 2015. Yes: All. The motion carried. Moved by Romano, seconded by Taylor, RESOLVED, to postpone the appointments to the Beautification Commission to the meeting of September 1, 2015. Yes: All. The motion carried. Moved by Romano, seconded by Taylor, RESOLVED, to appoint Erin Younan to the Citizens Advisory Committee-Community Development Block Grant to a term ending June 30 2016, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Romano indicated this was the committee that Mr. Jefferson served on. He stated when the City Council appoints a person to a board or commission and that person Regular City Council Meeting Tuesday, August 18, 2015 Page 19 doesn't respect the officials, he cannot disregard that. There needs to be respect for the City Council. Mayor Taylor pointed out that Mr. Jefferson called him a number of names, and even though Mr. Jefferson doesn't like him personally, he was happy to appoint him to the Citizens Advisory Committee. But in light of his recent behavior, he cannot consider him for another appointment. Yes: All. The motion carried. Moved by Romano, seconded by Schmidt, RESOLVED, to appoint Cheryl Evola to the Housing Commission to a term ending December 31, 2018, 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. COMMUNICATIONS FROM CITIZENS Mayor Taylor asked for a show of hands on the number of citizens that wished to speak. In light of the large number, Mayor Taylor asked for a three-minute time limit for Communications From Citizens. Ms. Linda Godfrey, Sterling Heights - Timing and handling of Meet the Candidates forum; Thanked the City for the quick response to the water main break repairs at the end of her street and Erdmann; Research on proposed House of Worship, Islamic Cultural Center, Mosque. Mayor Taylor pointed out the issue of the mosque is an item that will be dealt with at the Planning Commission level; the City Council will not be addressing it. Regular City Council Meeting Tuesday, August 18, 2015 Page 20 Mr. Charles Jefferson - Special Land Use; Time limits for Communications From Citizens/same for all boards; Need for ordinance addressing drones. Mr. Sam Younis - 18-1/2 Mile Road damages; Safety concerns with proposed mosque. Mr. Joel Thomas, Sterling Heights - Time limits for Communications From Citizens; Need for vote of the people on Special Land Use proposal at 15 Mile and Ryan. Mr. Sebastian Crocenzi, Sterling Heights - Against proposed mosque. Mr. Kenyon Cleghorn - Against proposed mosque. Ms. Amira Bajouka - Against proposed mosque at this location. Mayor Taylor wanted to make it very clear that the City Council would not be considering this issue because it is a special land use based on the Michigan Zoning Enabling Act and is only heard at the Planning Commission level. Mr. Clement - Against proposed mosque in their neighborhood. Mr. Mike Gretel - Against this Special Land Use in this neighborhood; questioned notification to the residents. Mrs. Mary Marcinak, Sterling Heights - Safety and traffic concerns with 15 Mile Road project; Identification of Council members that attended the Planning Commission meeting. Mr. Mike Lombardini - Welcomed Theodore Francis Taylor, son of Michael Taylor. Mr. Harry Marchlones - Concerned about the zoning at 15 Mile & Ryan/need for dialog with residents. Mr. Tony Akrawi, Sterling Heights - Proposed mosque/loss of home values. Regular City Council Meeting Tuesday, August 18, 2015 Page 21 Ms. Jazmine Early, Sterling Heights - City Council's opinion as it relates to the proposed mosque. Mr. Seth Antoine - Against location of proposed mosque. Mr. Eugene Zajac - Slanderous comments made by Mr. Jefferson. Mrs. Karen Wiegand - Why residents were forced to give their address at the Planning Commission meeting and not at this meeting; Wants visible name on the proposed mosque. Mr. Matthew Wood - Need for proper policing and monitoring of businesses without signage on them; protection of citizens. Mr. Paul Smith, Sterling Heights - Closing of cement plant and lost redevelopment opportunities at 16 Mile & Van Dyke. Mr. Orest Zachary - Open Meetings Act handbook, page 13/identification by address; Against proposed Special Land Use at this location; Right to bear arms. Mayor Taylor stated the City Attorney will advise the Planning Commission to abide by the Open Meetings Act and that will be in place at the next Planning Commission meeting. Mr. Joseph Jovanovic - Support for City leadership. Mrs. Rosie Lulgjuraj - Against mosque in her neighborhood. Mr. Michael Radke - Special Land Use at 15 Mile & Ryan/use by candidates for political gain; Discrimination. Mr. Joe John - Questioned where the money is coming from for this mosque. Regular City Council Meeting Tuesday, August 18, 2015 Page 22 Mrs. Zina Kozak-Zachary - Safety of residents and traffic concerns with proposed mosque. Mrs. Jackie Ryan, Sterling Heights - Welcoming America/Conflict of interest by Mayor Taylor. Mr. Joe Judnick - Against three-minute time limit; the City's 150th Anniversary/Applefest; Condition of Dobry Drive; Money for roads; Councilwoman Koski's request for another dog for the police department. Mrs. Carol Blake - Traffic and safety concerns with proposed Special Land Use at 15 Mile & Ryan. Mr. Dennis White, Sterling Heights - Mr. Mende's opinion on the proposed mosque. Mrs. Megan McHugh - Concern of residents in the 15 Mile & Ryan area. Mr. Neal Norgrove - Safety concern with radical Islams; intimidation. Mr. Ken Nelson, 40862 Firesteel - Cross-connection inspections. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to the resident's question about Dobry Drive and stated that it is the State's responsibility to repair and reconstruct it and they are attempting to get the funding to complete the project. In regard to the Refugee Resettlement Program that is a Federal program in operation for over 100 years, completely controlled by the Federal government. In any given year, there are between 75,000 and 150,000 refugees that are placed by the Federal government in Metropolitan areas throughout the countries. The City has no influence or involvement in where the refugees are placed in this country. Regular City Council Meeting Tuesday, August 18, 2015 Page 23 Mr. Bahorski had no report at this time. Mayor Taylor asked for a moment of silence for former District Court Judge Kenneth Kosnic, who passed away after a long battle with pancreatic cancer. Councilman Skrzyniarz suggested an essay contest for high school students as a way to get them involved in the Honor Flag ceremony on Friday, September 11th. Councilman Skrzyniarz discussed the monument at Freedom Hill to celebrate the impact labor has had in southeast Michigan and congratulated Tom Celani for proposing this monument. He thanked Chief Martin and Chief Reese for their leadership on the issue of post-traumatic stress disorder. Councilman Skrzyniarz discussed mutual respect in the Council chambers. Councilman Skrzyniarz stated the City Council's job is to make sure that the rule of law is followed as it relates to issues at the Planning Commission level. Councilwoman Schmidt indicated that all boards and commissions should follow the same procedure as it relates to identification of speakers and that City Council suspended the requirement for residents to give their addresses before speaking. Councilwoman Schmidt reminded residents about National Night Out and invited everyone to attend. Councilwoman Ziarko stated in regard to "Meet the Candidates , there is a date specific that is set up every two years. She requested Mr. Vanderpool find out that date and inform the residents. Councilwoman Ziarko questioned when notifications were sent out about the Planning Commission meeting last Thursday. Regular City Council Meeting Tuesday, August 18, 2015 Page 24 Mr. Vanderpool did not have the information available and stated he would provide that to the City Council tomorrow. Councilwoman Ziarko talked about the road millage and stated that was voted on by the residents of the City and the City Council enacted the vote of the people. Councilwoman Ziarko questioned the actual amount the City spent to repave Van Dyke. Councilwoman Ziarko asked if Mr. Judnick could give the City Clerk's office the name of the street he was referring to rather than wait two weeks. Councilwoman Ziarko pointed out to Mr. Judnick that it is St. Lawrence Church that is celebrating its 150th anniversary and not the City of Sterling Heights as he mentioned. Councilwoman Ziarko stated to the residents that the City Council set an ethics standard that they would not influence any commission member and that's the reason they do not communicate with board members. Councilman Romano also stated he does not influence the boards. The City Council wants them to exercise their own personal thoughts and interests. They need to vote their own conscience and be able to live with their decisions. In regard to the mosque, he understands people's concerns for their families. Councilman Shannon stated in regard to the notifications, they were sent out 19 days prior to the meeting. The state requirement is 15 days. The signs placed in the neighborhoods are not required, but were placed there as a courtesy by the City. He went on to state that all property owners within 300' were notified 17 days prior and 34 property owners are located in the 300'. Regular City Council Meeting Tuesday, August 18, 2015 Page 25 Councilwoman Koski discussed the mosque and expressed concerns that it would be overbuilt for that area and suggested that it be put in another area. Councilwoman Koski discussed the comment made by Mr. Judnick about her request for another dog for the police department and stated that dog was a replacement. She pointed out the Chief did not want another dog, but another officer on the street. She indicated she withdrew her request and did not make a motion for the officer, dog or secretary in the budget. Councilwoman Koski stated in regard to the notifications of the Planning Commission meeting, she believes Mr. Mende discussed that in his presentation before the Planning Commission. Mayor Taylor reiterated that no board or commission should ask residents to give their address at a public meeting and suggested as a compromise that the speakers could just give their name to the Clerk before the meeting. Mayor Taylor stated in regard to the procedural issue, there was a question about the property owner working with Mr. Mende for over a year and that is not uncommon. He stated that his understanding it that all notices were properly handled. Mayor Taylor stated he never had conversations with the Chairperson of the Planning Commission as it was alluded to. Mayor Taylor responded to Mr. Gretel as to how the special land use approval process was invented and stated it is part of every city's zoning ordinance. The City must abide by the Michigan Zoning Enabling Act and appoint a Planning Commission to hear these cases and that is what the City Council has done. Regular City Council Meeting Tuesday, August 18, 2015 Page 26 Mayor Taylor addressed his attendance at the Planning Commission meeting and pointed out he is a resident of this City and has a right to be at the Planning Commission meeting. He disagreed with Councilman Skrzyniarz and believed that the audience acted very respectfully this evening on this very emotional issue. Mayor Taylor encouraged all residents to attend the National Night Out tomorrow and see what our police and firefighters do. He stated there are a lot of activities for families. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:56 p.m. MARK CARUFEL, City Clerk