City Council

Delivered April 28, 2017 Agenda Item 5-A.2 Meeting: May 03, 2017 CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 18, 2017 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, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Mark Carufel, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA, Moved by Koski, seconded by Ziarko, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool informed that the first City Council meeting in May has been moved from Tuesday, May 2nd to Wednesday, May 3rd to accommodate a school election through Warren Consolidated Schools; however, he stated the time of the meeting will remain the same. Mr. Vanderpool stated that the City of Sterling Heights is partnering with an on- demand lawn service, Lawn Guru. He explained anyone interested can go to their website at www.lawnguru.co, download their app, enter the applicable Regular City Council Meeting Tuesday, April 18, 2017 Page 2 information, and can then request lawn mowing services online from anywhere as long as there is an internet connection. Lawn Guru will send a certified provider out to mow the grass, and the billing is all handled electronically through the app. He clarified that anyone interested in using these services does not have to be under contract, and the service can be used once, every other week or on a regular basis, where preferred pricing for regular service is offered. He stated the City will be glad to help any seniors who are not tech-savvy to get them set up. He stated that over 800 residents have downloaded the app, and hundreds who have used the service. He mentioned that this company also offers snow-clearing services in the winter months. He recommended those who would like more information on this service or need help getting set up to contact the City offices or Lawn Guru. He advised that those using the service for the first time will receive $15 off on the first order. Mr. Vanderpool reviewed the construction activity occurring on the north portion of Van Dyke, from approximately 18-1/2 Mile Road up to the Sterling Heights northern boundary, just south of Canal Road. He explained this is a redevelopment district approved by the City Council several years ago, known as the Corridor Improvement Authority, and this designation provides some State tools they can use to help incentivize some of these developments. Through this redevelopment effort, they have slowly been able to reverse the downward trend in that area, with the goal of creating more mixed uses and more living opportunities, while aesthetically improving the entire area, including Regular City Council Meeting Tuesday, April 18, 2017 Page 3 streetscapes, setting buildings closer to the roadways and adding other decorative elements. He provided a PowerPoint presentation outlining a few of the new and planned developments. Quadrate Development, at the location of the former Transit gravel mix facility, is a 100,000-square-foot manufacturing headquarters and will result in the hiring of 80 new employees. The vacant diner near Riverland and Van Dyke will be demolished and the site turned around for future development. Mancini Enterprise-RicMan Construction is an industrial spec building that will help to fill the demand for light manufacturing uses in the City. Ultimate Hydroforming Aerospace is constructing a very large addition to one of their buildings in the redevelopment area. AutoZone will be going in next to the bank and the small pub at the corner of Utica and Van Dyke. EA Graphics headquarters, now located at the corner of 18-1/2 Mile and Van Dyke, was a former dealership. Mr. Vanderpool explained that this district requires higher design standards, so there is more masonry work, decorative lighting and more landscaping. He indicated there is a “pocket park” that is now located at the corner of Utica Road and Van Dyke, where there was formerly a gas station. He mentioned an exciting development in the initial planning stages at the location of the former amusement park, across the street from Heritage Park in Utica, incorporating mixed-use concepts, with retail on the first floor and residential above, which would inject a new synergy to the area. He stated there is a lot of work to do on this, and the City is encouraging their partners they are working with at the state level and the private developer on this project. Mr. Vanderpool Regular City Council Meeting Tuesday, April 18, 2017 Page 4 concluded by stating that one of the reasons this developer is interested in this site is because of all the amenities that are now being offered by the City along the Clinton River, one of them being a Canoe and Kayak Livery not far from the redevelopment district. He was confident that in five or ten years, the North Van Dyke will be an area the residents will be proud of, and it will be a focal point. Mr. Vanderpool stated that, at the conclusion of tonight’s agenda, he is requesting the City Council convene in a Closed Session to consult with the City’s legal counsel regarding a confidential written legal opinion. PRESENTATION Mayor Taylor stated this is a presentation to receive a commemorative 2016 flag in recognition of the City of Sterling Heights’ 32nd consecutive Tree City USA designation. Mr. Gary Isom, Chairman of the Beautification Commission, introduced Ms. Joyce Tye, a member of the Beautification Commission, explained the mission of the Beautification Commission. He stated that the City has again been named Tree City USA by the National Association of State Foresters and USDA Forest Service, and he outlined the four standards to be eligible for this designation. Mr. Isom also announced that the Commission is formally welcoming nominations for the Annual Beautification awards. He informed the Community Relations Department will be accepting digital photos or addresses of homes and businesses that go above and beyond in beautifying their properties, and the winners will be honored before City Council in early October. He urged those who would like Regular City Council Meeting Tuesday, April 18, 2017 Page 5 more information to contact the Community Relations Department at (586) 446- 2470. Mr. Isom presented Mayor Taylor with the flog honoring the 32nd Tree City USA award. Moved by Ziarko, seconded by Taylor, RESOLVED, to accept the commemorative 2016 flag being presented in recognition of the City of Sterling Heights’ 32nd consecutive designation as a Tree City USA and its outstanding commitment to an effective community forestry program in conjunction with our annual observance of Arbor Day, April 08, 2017. Mayor Taylor thanked the members of the Beautification Commission for all they do for the City and in helping to increase the tree canopy in the City of Sterling Heights. Yes: All. The motion carried. Mayor Taylor stated the next presentation item is to adopt a resolution designating May 2017 as Neurofibromatosis Awareness Month in the City of Sterling Heights. Ms. Melanie Ryska, Deputy City Clerk, explained that Neurofibromatosis is a relatively new and genetic neurological disorder that affects one in every few thousand births, and causes the development of tumors on the nerves and affects development of the brain, cardiovascular system, bones and skin, which can lead to blindness, bone abnormalities and cancer. She stated the Children’s Tumor Foundation (CTF) is a national non-profit foundation that is collaborating with science and industry to accelerate the development and approval of drugs to treat Regular City Council Meeting Tuesday, April 18, 2017 Page 6 this disorder. CTF is committed to raising public awareness through community outreach and has proclaimed the month of May as Neurofibromatosis Awareness Month. Ms. Kelly Eastman introduced her husband, Brian, and their son, Hudson, explaining that when Hudson was 18 months old, he was diagnosed with NF1, and since that time, they have made it their passion and their mission to help raise awareness and funds for research for this genetic disorder. She thanked the City of Sterling Heights for helping them bring this awareness to the community. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt a resolution designating May 2017 as Neurofibromatosis Awareness Month in the City of Sterling Heights. Councilwoman Schmidt thanked her colleagues for allowing them to bring more awareness about this disease. She stated that Hudson is her great-nephew, and she stressed that, as a family, they are in this together. She read the Resolution into the record, and presented it to Ms. Eastman. Mayor Taylor thanked the Eastman family for coming tonight and bringing awareness to this issue, and he wished them nothing but the best. He hoped with more awareness and funding, the CTF will be able to do groundbreaking work in finding a cure or treatment. Yes: All. The motion carried. ~ Resolution~ Regular City Council Meeting Tuesday, April 18, 2017 Page 7 A resolution declaring May 2017 as Neurofibromatosis Awareness Month. WHEREAS, The Children’s Tumor Foundation is observing May as Neurofibromatosis (NF) Awareness Month to educate the public about this rare genetic disorder; and WHEREAS, Although over 125,000 Americans are living with NF and 1 in every 3,000 births is diagnosed with NF, it is still relatively unknown to the public; and WHEREAS, NF affects all populations equally, regardless of race, ethnicity or gender; and WHEREAS, NF causes tumors to grow on nerves throughout the body and also can affect development of the brain, cardiovascular system, bones and skin; and WHEREAS, The disorder can lead to blindness, deafness, bone abnormalities, disfigurement, learning disabilities, disabling pain, and cancer; and WHEREAS, The Children’s Tumor Foundation leads efforts to promote and financially sponsor world-class medical research aimed at finding effective treatments and, ultimately, a cure for NF; and WHEREAS, The Children’s Tumor Foundation is actively fostering collaborative partnerships in both science and industry to speed the drug research and development process through a number of consortia; and WHEREAS, The Children’s Tumor Foundation works to improve access to quality patient healthcare through its national NF Clinic Network; and WHEREAS, The Children’s Tumor Foundation provides patient and family support through its information resources, youth programs, and local chapter activities; and WHEREAS, Much remains to be done in raising public awareness of NF to help promote early diagnosis, proper management and treatment, prevention of complications, and support for research; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, State of Michigan, in recognition of this important initiative, declare the month of May 2017 as “Neurofibromatosis (NF) Awareness Month.” 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 April, 2017. ______________________________________ Mark Carufel, City Clerk Mayor Taylor stated the third presentation tonight is to adopt a resolution congratulating Sterling Heights High School for being ranked among the top 54 Regular City Council Meeting Tuesday, April 18, 2017 Page 8 Michigan Public High Schools as a 2017 Academic State Champ by Bridge Magazine. Dr. Bob Livernois, Superintendent of the Warren Consolidated Schools, introduced members of the school board, along with the principal of Sterling Heights High School and their chief academic officer. He thanked the principal and entire staff of Sterling Heights High School, along with the school board members for their dedicated work every day, and stated that this is an extraordinary achievement to receive this ranking of among the top 54 schools out of over 500 school districts in the State of Michigan. He presented a banner to share this good news with the community. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt a resolution congratulating Sterling Heights High School for being recognized as a 2017 Academic State Champ by Bridge Magazine. Councilwoman Schmidt stated she is very proud of this honor for Sterling Heights High School, adding this is her kids’ high school. She stated the staff is “second to none” and she appreciated the job well done. Mayor Taylor thanked Dr. Livernois, the school board and the staff of Sterling Heights High School. He stated the City is fortunate to have two great school districts within their boundaries. Yes: All. The motion carried. ~ Resolution~ A resolution congratulating Sterling Heights High School for being ranked among the top 54 Michigan Public High Schools as a 2017 Academic State Champ by Bridge Magazine . Regular City Council Meeting Tuesday, April 18, 2017 Page 9 WHEREAS, Sterling Heights High School is located at 12901 15 Mile Road, is a part of the Warren Consolidated Schools District. Bridge Magazine has recognized and ranked Sterling Heights High School as a 2017 Academic State Champ; 7th among the 166 comparable schools in their category. WHEREAS, over a four year period, Bridge Magazine found that 83% of Sterling Heights High School students enrolled in higher education institutions and continue to earn degrees to be successful in the workforce. WHEREAS, Principal Craig Miller and the great teachers of Sterling Heights High School strive for educational excellence in preparing its students for successes after graduation. Those students are now valuable assets to the State of Michigan and the City of Sterling Heights. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, State of Michigan, congratulate Warren Consolidated Schools, and the administration, faculty, staff, and students of Sterling Heights High School for being ranked among the top 54 Michigan Public High Schools as a 2017 Academic State Champ by Bridge Magazine. 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 April, 2017. ______________________________________ Mark Carufel, City Clerk ORDINANCE INTRODUCTION 1. Mayor Taylor stated this is an ordinance introduction to consider amending Chapter 7 of the City Code and Articles 12, 13, 28 and 31 of Zoning Ordinance No. 278 to update the City’s licensing and zoning requirements for amusement devices. Assistant City Attorney Don Denault explained this is a dual ordinance package regarding amusement devices. He stated the ordinances were very antiquated, so the purpose is to modernize them. The first ordinance is an update to the licensing provisions, bringing the terminology up-to-date and trying to account Regular City Council Meeting Tuesday, April 18, 2017 Page 10 for evolution in video and electronic gaming. The trend is home gaming systems, but he noted there are new places where those games are set up in a community environment so people can play them in a group setting. They are proposing a two-year license rather than a one-year license, and they are streamlining how many licenses they require. There are currently three licenses: one for having a center, one for having a device and one for distributors. This has been streamlined to require one license for the place that wants to have the amusement device. If it is a center, the zoning ordinance will have requirements that will necessitate Special Land Use approval. He advised that they opted to keep the distributor license in place so the City can monitor that should they so choose. They have also updated the application process and tried to make it user-friendly. They updated the background and investigation process and created a more flexible replication review which would be less of a formal board hearing and more of an administrative hearing. He could not recall every having to revoke an amusement device license in his 25 years, but the revisions will make that process a little “cleaner” should they have to exercise that option. He advised that a couple of the operational rules are being updated, mainly terminology, but it addresses unsupervised children or minors, hours of operation, and large retail centers, bowling alleys, movie theaters, taverns and restaurants that may have an amusement device section, which does not necessarily make them an “amusement device center” but the use is secondary. The Zoning Ordinance has been revised only to clean up the language and make the definitions consistent with the Regular City Council Meeting Tuesday, April 18, 2017 Page 11 licensing portion. There was a previous requirement that an amusement device center would have to prepare on-site prepared food, and that has been eliminated. He stated Mr. McLeod, Community Planner, is not able to be here this evening but he signed off on the proposed amendments. He offered to answer questions. Mayor Taylor opened the floor for public comments. Mr. Charles Jefferson – questioned whether slot machines are covered in this ordinance. Moved by Ziarko, seconded by Taylor, RESOLVED, to introduce the ordinance amending Chapter 7 of the Sterling Heights City Code to update the City’s licensing requirements for amusement devices. Mayor Pro-Tem inquired as to how the City will notify current license holders to alert them to these changes. She further questioned whether any of the license holders were consulted when these changes were being discussed. Mr. Denault replied in working on this, they had been conversing with a lawyer who works in the industry, and the lawyer had some concerns and questions about the duration and the fee process. He explained they had some feedback from him and conducted some field research, but did not extend a public forum or workshop in the community. They discovered some restaurants had about ten or fifteen amusement devices, and rather than capturing them as “amusement device centers” which would have occurred under the old ordinance, they updated the number of permitted devices to 15. Regular City Council Meeting Tuesday, April 18, 2017 Page 12 Mr. Denault explained the process is renewable every year, and the City Clerk was already in progress as far as getting out the renewals, but he stated that process is on hold until this new ordinance can be adopted, allowing them all to come under the umbrella of the new provisions. He replied to further inquiry that there may be a few businesses that have one machine and may not be aware of the ordinance requiring the licensing. He confirmed with City Clerk Carufel that there are approximately 44 licenses in the community now, but that number will be modified because they will only have two types of licenses, not three as currently required. Mayor Taylor inquired as to whether the City has had any major complaints or concerns to precipitate this change, or whether it is a matter of “cleaning up the ordinance” to make sure it makes sense with the changes that have taken place in technology and the way people are recreating. Mr. Denault replied they did receive inquiries from the industry as far as the duration, fee structure and process, but they are looking to modernize the ordinance and make it more streamlined. City Clerk Carufel stated there have been no complaints other than the occasional inquiry about the device that looks like those involved in gambling. They have also had inquiry from some of the businesses and through their legal counsel regarding the fees, and this will streamline the process for both the business owners and the City. Regular City Council Meeting Tuesday, April 18, 2017 Page 13 Mayor Taylor stated this will make it easier for the applicants and license holders, and will reduce the fees. He stated this is a two-step process and will be back in two weeks. Yes: All. The motion carried. Moved by Ziarko, seconded by Taylor, RESOLVED, to introduce the ordinance amending Articles 12, 13, 28 and 31 of Zoning Ordinance No. 278 to update the City’s zoning requirements for amusement devices and amusement device centers. Yes: All. The motion carried. 2. CONSENT AGENDA Mayor Taylor opened the floor to comments from the audience regarding the Consent Agenda. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of April 4, 2017, as presented. B. To approve payment of the bills as presented: General Fund - $728,836.98, Water & Sewer Fund - $1,579,288.05, Other Funds - $3,459,918.87, Total Checks - $5,768,043.90. C. RESOLVED, to award the bid for audio-visual upgrades to the Council Chambers and SHTV production equipment to Advanced Lighting & Regular City Council Meeting Tuesday, April 18, 2017 Page 14 Sound, Inc., 1026 Maplelawn Drive, Troy, MI 48084, in the amount of $195,797. D. RESOLVED, to accept the proposal from Tech Automation, Inc., 1713 Larchwood, Suite B, Troy, MI 48083, for audio-visual upgrades at the Sterling Heights Senior Center at a total project cost of $56,000. E. RESOLVED, to award the bid for turf and concrete restoration services to Luigi Ferdinandi & Son Cement Company, 16481 Common Road, Roseville, MI 48066, at unit prices bid through November 30, 2017, and authorize the City Manager to extend the bid award one (1) additional year at unit prices bid. F. RESOLVED, to award the bid for noxious weed / grass cutting to Green Meadows Lawnscape, Inc., 2359 Avon Industrial Drive, Rochester Hills, MI 48309, based on the following unit pricing for a three-year period, and authorize the City Manager to exercise the City’s option to extend the bid award one additional year at 2019 unit prices: 2017 2018 2019 Improved and Selected Unimproved Lot $42.00/ea. $42.00/ea. $42.00/ea. (Flat Fee) Medium / Large Unimproved Fee $68.00/hr. $68.00/hr. $68.00/hr. (Hourly Rate) Miscellaneous Mowing $55.00/ea. $55.00/ea. $55.00/ea. G. RESOLVED, to accept a proposal by Geographic Information Services, Inc., 2100 Riverchase Center, Suite 105, Birmingham, AL 35244, for Regular City Council Meeting Tuesday, April 18, 2017 Page 15 professional consulting services in connection with the development, issuance, and evaluation of a competitive bid and project support for the GIS data collection project at the hourly rates proposed and authorize the City Manager to sign the proposal on behalf of the City. H. RESOLVED, to waive the competitive bidding requirements in accordance with City Code §2-217(A)(9)(b) and purchase banquet services from Penna’s of Sterling, Inc., 38400 Van Dyke, Sterling Heights, MI 48312, for the 2017 Volunteer Appreciation Banquet at the per plate fee of $27.00, inclusive of hall rental and gratuities. I. RESOLVED, to set a public hearing on Tuesday, May 16, 2017 at 7:30 p.m. regarding the application by Kemp & Sherman Company to establish an Industrial Development District (IDD) at 37641 Mound Road. J. RESOLVED, to set a public hearing on Tuesday, May 16th, 2017 at 7:30 p.m. regarding the application by MRFR, LLC for a Planned Unit Development on 6.768 acres situated on the east side of Ryan Road, south of 18 ½ Mile Road, PPCM-1170. K. RESOLVED, to: 1. Approve the property and liability insurance program with the Michigan Municipal Risk Management Authority for the period of May 1, 2017 through May 1, 2019 at a cost of $651,788 for the first year and a cost increase not to exceed 7% for the second year. Regular City Council Meeting Tuesday, April 18, 2017 Page 16 2. Authorize the City Manager to designate Assistant City Manager Jeff Bahorski as the City’s member representative to the Michigan Municipal Risk Management Authority effective July 1, 2017. L. RESOLVED, to approve the contract with CompOne Administrators, Inc. for workers compensation claims administration and loss control services for a three-year period, and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval, upon review and approval by the City Attorney. M. RESOLVED, to receive the report of the Purchasing Manager pursuant to City Code §2-221(B) regarding the emergency repair of the 800kw Kohler generator by Ancoa Controls, 28021 Grand Oaks Ct., Wixom, MI 48393 at a total cost of $18,684.10 and authorize a budget amendment from General Fund reserves in the amount of the emergency repair. N. RESOLVED, to purchase digital imaging services from Graphic Services, Inc., 1551 East Lincoln Avenue, Madison Heights, MI 48073, at unit pricing available through the State of Michigan’s cooperative purchasing program, MiDeal contract #071B3200035. O. RESOLVED, to approve the commitment of the City of Sterling Heights’ allocation of 2017 Federal HOME program funding to Housing Rehabilitation Activities in the amount of $164,548 and Community Housing Development Organization (CHDO) Operating Activities in the Regular City Council Meeting Tuesday, April 18, 2017 Page 17 amount of $50,000 and authorize the City Manager to sign all documents required in conjunction with this approval. P. RESOLVED, to schedule a special meeting of the City Council on May 3, 2017 at 6:30 p.m. for the purpose of recognizing and congratulating recipients of scholarships awarded through the 2017 Sterling Heights Area Community Foundation Program and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. Q. RESOLVED, to adopt the resolution designating May 7th through May 13th, 2017 as Public Service Recognition Week in the City of Sterling Heights. ~ Resolution~ A resolution of the Sterling Heights City Council designating May 7 th through May 13th, 2017 as Public Service Recognition Week in the City of Sterling Heights Whereas, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation operating; and Whereas, the President and Congress have officially declared the first week of May as Public Service Recognition Week; and Whereas, the City of Sterling Heights is pleased to honor our public employees and the vital work they perform on behalf of all Sterling Heights residents; and Whereas, municipal government depends on the dedicated work of professional public servants, and these dedicated men and women tend to the day-to-day functioning of our community, and their adept handling of their duties improves the quality of our lives; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby designates May 7th through May 13th, 2017 as Public Service Recognition Week in the City of Sterling Heights and encourages residents to recognize the invaluable services that public employees provide. Regular City Council Meeting Tuesday, April 18, 2017 Page 18 This Resolution was duly adopted at a regular meeting of the Sterling Heights City Council held on the 18th day of April, 2017. _________________________________________ Mark Carufel, City Clerk R. RESOLVED, TO RECEIVE THE LAWSUIT, Gheorgean Ursu v. Sterling Heights Police, 41A District Court Case No. S-17-810-GZ. Yes: All. The motion carried. CONSIDERATION 3. Mayor Taylor explained this is a consideration of approval of the Fiscal Year 2017/18 Community Development Block Grant One-Year Action Plan. Ms. Denice Gerstenberg, City Development Director, provided an overview of the recommendations suggested by the Citizens Advisory Committee (CAC) for the proposed 2017/18 Community Development Block Grant (CDBG) funding through the use of a PowerPoint presentation. She stated this is the 43rd year of the CDBG Program, and noted that the City has not yet been notified by the Federal Government of their entitlement for the 2017/18 fiscal year. She explained, as has been done in past years, that recommendations are based on the previous year’s allocation, which was just over $736,000 last year. The CAC is recommending funding for all the agencies that received funding last year, which include MCREST, Turning Point, Single Parent Displaced Homemaker Program through Macomb Community College, MATS, Hope Center of Macomb and Wigs 4 Kids. She stated that Interfaith Caregivers was a new request this year. Ms. Gerstenberg concluded her presentation by outlining some of the proposed capital projects, including concrete repairs on Fairway Drive, Upton House Regular City Council Meeting Tuesday, April 18, 2017 Page 19 improvements, tree-planting on Marina Drive, continued funding for the Minor Home Repair Program and technology upgrades at the Senior Center. Moved by Shannon, seconded by Taylor, RESOLVED, to approve the fiscal year 2017/18 Community Development Block Grant One-Year Action Plan as recommended by the Citizens Advisory Committee and City Administration based on an estimated entitlement of $736,837 and authorize City Administration to complete the Federal application and secure the funds. Councilman Shannon stated there has been a lot of discussion about CDBG funding throughout the country, and concern that the federal budget may involve cuts in the program. He inquired as to how the City moves forward without knowing the amount of funding that may be cut. Ms. Gerstenberg stated all they can do is proceed as they have in the past and use the allocations from last year as a guide going forward. She pointed out that this is the 43rd program year for the CDBG Program and, although she realizes the proposed federal budget has $0 allocated for CDBG now, she would be surprised to see it eliminated after 43 years. Councilman Shannon stated these are funds given to communities so they can allocate them to where they see the biggest needs, and he added he would be very disappointed if Congress does not make some changes to fund this program. Councilman Lusk stated his church is involved in the MCREST program, and they currently have 30 adult males, 18 adult females and 5 children who currently do not have homes. He did not know where these people would go without a Regular City Council Meeting Tuesday, April 18, 2017 Page 20 program like MCREST. He agreed with Councilman Shannon and hopes it continues to be funded. Mayor Pro-Tem Ziarko questioned whether the amounts will be adjusted by percentages if they do not get the full funding. Ms. Gerstenberg confirmed the amounts would be adjusted according to the percentages, whether it be higher or lower. Mayor Pro-Tem Ziarko stated there was an amendment to the budget asking for additional funds for Upton House, but she wanted to confirm that is something completely different than this funding. Ms. Gerstenberg confirmed that is separate funding. Yes: All. The motion carried. 4. Mayor Taylor stated this is to consider a request by BJ’s Restaurant Operations Company for a new Class C liquor license with SDM license, Outdoor Service permit, and Sunday Sales (AM) permit at 14455 Lakeside Circle, Sterling Heights MI 48313. Mr. Scott Edwards, attorney for the petitioner, clarified that the agenda item did not indicate they are also seeking Sunday Sales (PM) as well. He introduced Mr. Tom Hundrieser, Director of Real Estate Development for BJ’s Restaurant Operations, who provided a brief overview of their proposal to locate on Lakeside Circle, at the former Linens and More location. Mr. Hundrieser explained some of their menu items, including their specialty craft beers, burgers and deep dish pizzas, adding they also Regular City Council Meeting Tuesday, April 18, 2017 Page 21 have a lighter menu using ingredients such as kale, quinoa and brussel sprouts. The 7,600-square-foot facility will accommodate 255 diners and will employ about 120, with 40 of those employees being full-time. They receive between 2 to 4 deliveries a week, and trash will be picked up 6 days a week. Mr. Hundrieser stated they have worked out a lease with Tom and Fred Goldberg where they will have one-half of the site, and there will be another business occupying the other half of the site. Through the aid of a PowerPoint presentation, Mr. Hundrieser showed photographs of their other facilities across the country, noting that each restaurant is slightly different, making them unique. He concluded by stating they are requesting one of the City’s quota licenses, and if this is approved, this may be their second restaurant in the Michigan market. He stated they are currently working on several other locations, including Ann Arbor, Livonia and Taylor. Mayor Taylor invited comments from citizens. Mr. Joe Judnick – welcomed the petitioner to the City; hours of operation for the outdoor wrap-around patio. Moved by Koski, seconded by Sierawski, RESOLVED, that the request for approval of a new Class C liquor license, with SDM license, Outdoor Service Permit and Sunday Sales (AM and PM) permit, located at 14455 Lakeside Circle, Sterling Heights, MI 48313, Macomb County, to BJ’s Restaurant Operations Company be considered for approval. Regular City Council Meeting Tuesday, April 18, 2017 Page 22 Councilwoman Koski requested that the citizen’s question about hours of outdoor service be addressed. She further inquired as to what happens with the quota license if the facility is not constructed within a certain period or if they sell within a certain period, and whether the quota license is returned to the City. Mr. Kaszubski replied that if the petitioner does not build within a certain period, the quota license will revert back to the City. He referred the question regarding hours of service on outdoor patios to Mr. Denault, who worked on that ordinance. Mr. Don Denault, Assistant City Attorney, clarified that the ordinance does not limit outdoor patio service to no later than 11 p.m. He explained it has various tiers, depending upon location, and if a facility is closing by 11 p.m. on weekends, a license is not needed. If the patio is open beyond those hours on weekends or past 10 p.m. on weeknights, a license is needed, and he explained if the facility is adjacent to any residential property, there are other restrictions, including a Planning Commission public hearing. He reiterated that there is no prohibition in the ordinance that would prohibit anyone from serving or offering service outdoors at night. Councilwoman Koski inquired as to the petitioner’s intent if they sell the facility within five years. Mr. Edwards replied that their agreement specifies if they sell or transfer it within five years, they cannot do it without City approval, and if they tried to do it, it would revert back to the City. Regular City Council Meeting Tuesday, April 18, 2017 Page 23 Councilwoman Koski inquired as to whether the license would revert to the City if BJ’s Restaurant Operations selects another community in which to build their first location, and it takes three years before Sterling Heights comes up on the list for construction. Mr. Edwards replied affirmatively, stating he understands the parameters under which the quota license is being approved. Councilwoman Sierawski inquired as to whether they will be doing any on-site brewing at this location. Mr. Hundrieser replied they do not brew on-site. They brew their beer elsewhere and serve it on site. Mayor Taylor thanked the petitioners for choosing the City of Sterling Heights and for their presentation this evening. He cannot recall another facility in the City that brews its own beer, on-site or elsewhere, so this would be a first in the City. He stated the designs of their other locations are very impressive, and he looked forward to the improvement this will bring to that site. Mr. Hundrieser replied that this will be a ground lease, and there will be a multi-tenant building next door. He replied he has heard the tenants of that building may be a fast-casual restaurant and a phone store. Mayor Taylor inquired as to the anticipated date of construction. Mr. Hundrieser replied the time frame is up to the developer, but he anticipated opening in March or April of next year. He thanked the City for their warm welcome and their cooperation. Regular City Council Meeting Tuesday, April 18, 2017 Page 24 Yes: All. The motion carried. 5. Mayor Taylor stated this is to consider extension of the moratorium in the City of Sterling Heights on the opening and operation of new banquet facilities, and on the expansion of existing banquet facilities for an additional three (3) months. Mr. Don Denault, Assistant City Attorney, provided a background on the existing moratorium on the opening of new banquet facilities and the expansion of existing banquet facilities, explaining that it came about when there was a growth in the City of this type of use and it became apparent the Ordinance did not address banquet facilities. He stated they have been working with the Police, Fire, Planning and Clerk’s offices and have a working draft in place, but they would like a little more time. He explained the request for an additional three months would make a total of a nine-month moratorium, and he stated courts have upheld a year in this type of request. Mayor Taylor opened the floor for citizen comments. Mr. Joe Judnick – no objections; consider confirmation of funding prior to approval of the project. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the resolution extending the moratorium in the City of Sterling Heights on the opening and operation of new banquet facilities, and on the expansion of existing banquet facilities, for a period of three (3) additional months until July 19, 2017. Yes: All. The motion carried. ~ Resolution~ This Resolution was made and adopted at a meeting of the City Council of the City of Sterling Regular City Council Meeting Tuesday, April 18, 2017 Page 25 Heights, Macomb County, Michigan held at the City Center on the 18TH day of April, 2017. Members Present: Deanna Koski, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. Members Absent: None The following preamble and resolution was offered by Member Schmidt and supported by Member Ziarko. WHEREAS, the City of Sterling Heights, a home rule city governed by the Constitution and laws of the State of Michigan, desires to maintain and protect its residents and the employees and patrons of its businesses as well as the public’s health, safety, and welfare; WHEREAS, the City Council has previously determined that a need has emerged to study the City’s current regulations for the establishment, expansion, and operation of facilities within the City that operate as reception, banquet, catering, rental, and gathering halls (collectively referred to as “banquet facilities”); WHEREAS, the City’s zoning ordinance currently has a specific provision that allows banquet facilities in the C-3 General Business District, which is designed to provide for a wide diversity of business activities that are higher intensity in nature and are predominantly retail in character; WHEREAS, with the exception of parking requirements, the City’s Zoning Ordinance provides no additional regulations specifically applicable to banquet facilities; WHEREAS, some communities in Michigan and throughout the country allow banquet facility uses only by special approval land use review that includes certain conditions and requirements, recognizing that banquet facilities possess unique characteristics and their external effects on the surrounding areas necessitate more in-depth review and consideration; WHEREAS, the City Council finds that it is necessary to research the possibility of developing consistent, cohesive, and objective land use and regulatory standards applicable to the placement and operation of banquet facilities in order to secure the health, safety, and welfare of the community; WHEREAS, the City Council finds that banquet facilities of varying size and scope are becoming more prolific in the Metro Detroit area and throughout the City, with no process in place to track the actual number currently operating in the City; WHEREAS, the City Council adopted a Resolution on November 1, 2106, imposing a six (6) month moratorium on the opening and/or operation of any banquet facility not already lawfully open and operating, and on the expansion of any lawfully existing banquet facility operations, within the City; WHEREAS, the City Administration has been working on developing amendments to the Zoning Ordinance and a new licensing ordinance to regulate banquet facilities and similar assembly use facilities within the City, but needs an additional three (3) months to complete development of such ordinances and amendments; and WHEREAS, this moratorium is a temporary measure designed to preserve the status quo without impacting existing banquet facilities while stopping and preventing any new banquet Regular City Council Meeting Tuesday, April 18, 2017 Page 26 facilities from opening and operating and any existing banquet facilities from expanding within the City, and this moratorium will remain in effect only as long as deemed necessary to develop and enact appropriate ordinances and regulations, and in no circumstance for longer than a period of three (3) months, unless extended for an additional period of three (3) months by lawful action of the City Council. NOW THEREFORE, BE IT RESOLVED: 1. Effective upon adoption of this Resolution, a previously imposed moratorium on the opening and/or operation of any banquet facility not already lawfully open and operating, and on the expansion of any lawfully existing banquet facility operations, within the City is hereby extended for an additional three (3) months until July 19, 2017, unless extended for an additional period of three (3) months by lawful action of the City Council. 2. During the period of this moratorium, there shall be no consideration or action taken by the City, any elected or appointed official, or any employee on any request to operate or expand a banquet facility, whether a new operation or a location transfer, including an application for a certificate of occupancy. 3. City officials shall proceed to promptly investigate and finalize appropriate amendments to the Zoning Ordinance and City Code upon existing and future banquet facilities within the City. THIS RESOLUTION WAS ADOPTED BY THE CITY COUNCIL ON APRIL 18, 2017. CERTIFICATION I, Mark Carufel, certify that the above resolution is a true copy of the Resolution made and adopted by the City Council of the City of Sterling Heights at its regular meeting held on April 18, 2017. 6. Mayor Taylor stated this is to consider appointments to fill vacancies on the Local Development Finance Authority and the Beautification Commission. Mayor Taylor requested Mr. Steven Pomaville be appointed to the Local Development Finance Authority. Moved by Sierawski, seconded by Taylor, RESOLVED, to appoint Mr. Steven Pomaville to the Local Development Finance Authority to a term ending June 30, 2020, 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. Regular City Council Meeting Tuesday, April 18, 2017 Page 27 Moved by Sierawski, seconded by Taylor, RESOLVED, to postpone consideration of an appointment to the Beautification Commission to the May 16, 2017 regular meeting. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Ms. Dolores Hatton – City pass to gain access to Dodge Park to help with costs of maintenance; pollution of lakes and rivers. Ms. Mary Palowski – vandalism occurring to the five (5) mini-libraries in the City, especially the one at Nelson Park. Mr. Michael Rath – opposed to time limit on public comments. Mr. Charles Jefferson – traffic signal at Canal/Van Dyke intersection prohibiting right turns on red light; site of the former “Ping On” restaurant. Ms. Jazmine Early – investment in audio visual upgrades for City Council Chambers; Warren Consolidated Schools millage; tax protest in Mount Clemens. Mr. Michael Radtke – time limit on public comments. Mr. Giulio Russo – time limit on public comments; new development on Van Dyke. Mr. Joe Judnick – status of last summer’s water bills; mosque settlement; time limit on public comments. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Regular City Council Meeting Tuesday, April 18, 2017 Page 28 Mr. Vanderpool addressed the citizen’s concern about the development of the Venetia, at the location of the former Ping On Restaurant, and stated that the project has been delayed. A wall of the partially-constructed building was knocked down in the recent windstorm, and an insurance claim is pending, so the delay will continue. He stated construction projects in the City generally go extremely well according to plans with very few delays, but occasionally delays can take months or years to resolve. He assured the City’s Code Enforcement personnel has communicated with the owner as recent as today that the site must be cleaned up and the City will exert what pressure they can to see the project is ultimately finished. Mr. Kaszubski noted they have one item tonight for Closed Session. UNFINISHED BUSINESS / NEW BUSINESS Councilman Shannon made a public service announcement regarding a recent article in the Detroit Free Press about flushable wipes. He indicated these wipes are wreaking havoc on the interceptor at 15 Mile Road, and the article explains that Commissioner Candice Miller is going on a public education crusade on the issue to request communities to include a flyer in local water bills about this hazard. He suggested the City pass this information along in their bills so it creates public awareness. Mr. Vanderpool stated the City is working with Commissioner Miller’s office and will provide her a complete database with addresses, and the Commissioner’s Regular City Council Meeting Tuesday, April 18, 2017 Page 29 office will be sending out a public service notice to all water and sewer customers in Sterling Heights about this issue. Councilwoman Schmidt announced that, with the help of the animal control officers and the digital media coordinator, they are conducting a towel and blanket drive for lining the crates of the pets that animal control takes into custody. She suggested anyone with old towels or blankets to drop them off in a box that will be set up for that purpose in the lobby of the Sterling Heights Police Department through the month of April. Mr. Lusk referred to an earlier citizen comment about the quality of the images seen at home and in the Council chambers, and he inquired as to whether one of the items approved on tonight’s Consent Agenda will take care of that issue. Mr. Vanderpool replied that tonight, the City Council approved a complete upgrade for the audio-visual equipment for the Council Chambers, so that project will be moving forward. He stated the picture will be clearer, and there will be a new HD flat screen that will be larger and easier for everyone to see. He explained there will be some flip-down screens in the audience for easier viewing. ADJOURN Moved by Ziarko, seconded by Schmidt, to recess to closed session: Roll Call Vote: Yes: Ziarko, Schmidt, Shannon, Sierawski, Taylor, Koski, Lusk. The motion carried. City Council went into closed session at 9:22 p.m. Moved by Ziarko, seconded by Taylor, to adjourn the meeting. Regular City Council Meeting Tuesday, April 18, 2017 Page 30 The motion carried. The meeting was adjourned at 9:53 p.m. MARK CARUFEL, City Clerk