City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, NOVEMBER 21, 2017 IN CITY HALL Mayor Michael C. Taylor called the meeting to order at 7:00 p.m. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Michael V. Radtke Jr., Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, 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 stated that, in observance of the Thanksgiving holiday, the City offices will be closed on Thursday and Friday, November 23rd and 24th. He added that refuse collection will be delayed by only one day, so the Thursday collection will take place on Friday, and Friday’s normal collection will take place on Saturday. He informed that the 41st Sterling Christmas will be held on Saturday, December 2nd from 5:45 p.m. to 8:30 p.m. at the City Center, in front Regular City Council Meeting Tuesday, November 21, 2017 Page 2 of the Police Station and the Library. He explained the official ceremony will begin at 6 p.m. and include a variety of the usual activities, including tree lighting, holiday music, caroling, visiting with Santa, horse-drawn wagon rides and more. They will be accepting boxed food at this event. Mr. Vanderpool announced that yard waste collection will end for the season the week of November 27th. He explained the ordinances that are in place when snow emergencies are declared, indicating the snow emergency is put out through several mediums, including the city’s website, press releases and LISTSERV notices. He advised that those interested can sign up for the LISTSERV notifications which will provide notification directly to cellular phones when there is a snow emergency. He stated parking in city streets is prohibited during snow emergencies to assure safe conditions for snow plow operations, and vehicles in violation will be ticketed or towed. He added that sidewalks must be cleared within 24 hours following a snow event, and for those who need assistance with this, an on-demand service, Lawn Guru, is available. The app can be downloaded from the City’s website or can be obtained from the “App store” on a cell phone. Residents can request snow- clearing of driveways and sidewalks on demand, anytime from anywhere. The average cost for Lawn Guru to clear a driveway is $35, and sidewalks are extra. Mr. Vanderpool explained that, starting in January 2018, the National Weather Service requires activation of the emergency sirens for snow events. These Regular City Council Meeting Tuesday, November 21, 2017 Page 3 warnings will be issued when the visibility rapidly drops to one-quarter mile or less for 15 minutes or more, with sub-freezing road temperatures. The City’s website will have more information. Mr. Vanderpool stated the City’s Annual Shine Fall Clean-Up Day was held last week, and 65 volunteers helped clean up 23 properties across the City. This clean-up involved raking leaves and trimming shrubbery and perennials. He added the purpose of the program is to beautify the neighborhoods and keep them aesthetically pleasing, and to help individuals who do not have the means to maintain the property, either physically or experiencing a financial hardship. He thanked the volunteers, along with special thanks to First Church in Sterling Heights for all of their help, Utica Van Dyke Towing for sponsoring refreshments for the volunteers, and Ms. Sue Giallombardo for her efforts in coordinating the program. Mr. Vanderpool announced that this evening, the City Council dedicated the new skate park. He showed a couple of pictures from the event, and added it is amazing the number of people already using the park. There are generally thirty to forty people using the facility on any given day, including young adults and parents. The little kids are on their bikes, and the teenagers and adults are on skateboards, all enjoying the park. He stated this is a great success story for the City, and an attraction for residents and visitors alike. Regular City Council Meeting Tuesday, November 21, 2017 Page 4 Mr. Vanderpool explained that the City experienced a very disruptive water main break last week on Van Dyke, which required around-the-clock work by employees of the Department of Public Works (DPW) for three days in inclement weather conditions. He thanked the hard-working DPW personnel, including the director, all employees and supervisors who helped to get through this event. Their work in getting it restored as soon as possible was much appreciated, and he extended a special thanks to the City of Warren and Dan’s Excavating. He stated that the City’s water distribution system is the fourth largest in the State of Michigan, so it is not uncommon to have water main breaks, adding they generally average about 100 water main breaks each year. Many of them are routine, but occasionally they are major. He cautioned that this is an illustration that the City’s infrastructure is aging as it approaches fifty years of age. The City needs to continue to do more over the next ten years or more to maintain the infrastructure, and this will be further discussed during the Strategic Planning Session scheduled for January 23, 2018. Mr. Vanderpool stated that, at the conclusion of the agenda, he is requesting the City Council convene in a Closed Session pursuant to Section 8C of the Michigan Open Meetings Act in connection with pending labor negotiations. He concluded his presentation by introducing Ms. Bridget Kozlowski, Community Relations Director, to highlight some new City website enhancements. Regular City Council Meeting Tuesday, November 21, 2017 Page 5 Ms. Kozlowski, presented an overview of the newly-refreshed City website. In 2015, the City launched its completely redesigned website through municipal website leader, Civic Plus. In early 2017, the City opted to refresh the site to prioritize website design to meet their changing needs. She stated this did not cost the city anything because the refresh option was written into their original contract. She explained that the majority of people use the web to obtain information for government services. They set goals to make data-driven decisions related to their layout, delete and condense department pages that were redundant, reduce necessary scrolling and reduce white space, offer more clickable images and design it to be more resident-friendly. They also talked about best practices, noting that residents should only have to go through two or three clicks to find the information they are seeking. Through a PowerPoint presentation, she showed features of the former website, as well as the new enhancements. She provided statistics on average site visit duration, and the fact that approximately 38% of their visits were from mobile phones, with that number expected to increase. Through the use of an analytic service, they were able to see the majority of visits came from desk tops, which browsers were most frequently used, and the highest viewed days of visits, which happened to be the days around SterlingFest and the days around the elections. She outlined the top-hit pages over the last two years, and explained that they took this information, along with feedback from customer service Regular City Council Meeting Tuesday, November 21, 2017 Page 6 staff at City Hall, Public Works and other buildings, to look at information they knew should be front and center on the website. She explained the new site officially launched on Monday, and she provided a demonstration of many of the features. She concluded that they are very proud that the City has made this website a very important piece of their public information and image a top priority because this is the “face” to residents, community members, businesses, the media and potential new residents. Mr. Vanderpool stated that concludes his report this evening. ORDINANCE INTRODUCTION 1. Mayor Taylor indicated that this item is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the northeast corner of the intersection of Schoenherr Road and Plumbrook Road in Section 24 from C-1 (Local Convenience Business District) to C-3 (General Business District). He invited Mr. Chris McLeod, City Planner, to give a presentation. Mr. Chris McLeod explained this is for potential introduction of a map amendment to conditionally rezone this piece of property from C-1 to C-3. He stated this is a vacant parcel at the northeast corner of Plumbrook and Schoenherr and totals 0.78 acre. He stated the City’s recently-adopted Master Land Use Plan designates this property as local commercial. He outlined the zoning and developments of the surrounding properties. The conditional Regular City Council Meeting Tuesday, November 21, 2017 Page 7 rezoning request proposes a 2,000-square-foot gas station and convenience store, laid out in a unique fashion with the building situated closer to the corner and the prominent feature of the site, and the gas pumps would be to the rear of the building, away from both road frontages. He outlined the building architecture, and showed the elevation, which is proposed to have a two-story appearance, using all brick and masonry materials. He noted eleven parking spots are being provided, not including the spaces included at the gasoline pumps. He outlined the landscaping elements proposed, and added the site is fully compliant with the City’s new landscaping requirements. He outlined the terms of the conditional rezoning as proposed, and he outlined the two variances required for completion of the site as presented, which include building setback variances from Schoenherr and Plumbrook. Mr. McLeod explained a 50-foot setback is required for a gas station, and 35-foot setback for a business other than a gasoline service station. He added that an approximate 26-foot setback from each road is being provided. He stated the other variance being requested is the screening requirement of a 6-foot masonry wall, and the applicant has requested that, in lieu of the wall, he would like to plant an additional row of evergreen trees. He added one row is to be planted on the property, and a second row on the property to the northeast, for which he obtained an easement from the property owner for that purpose. Mr. McLeod again reviewed the Master Land Use Plan for this Regular City Council Meeting Tuesday, November 21, 2017 Page 8 property, indicating that a gasoline service station is not considered part of local commercial, but gas stations have evolved into somewhat of a convenience use as well, so elements of the proposal can meet the local commercial designation. He outlined where gas stations are permitted in the City, and the provisions under which they are permitted in two zoning districts. He stated that Schoenherr is absent of gasoline stations except for the very north end or south end of the City; however, the uses along Schoenherr are much less intense than uses along other corridors of the City. Mr. McLeod stated the applicant has provided a site plan which goes above and beyond the City’s ordinance requirements, and the façade being provided also goes above and beyond what is required. He concluded his report by stating the Planning Commission held their public hearing and at that time there were several residents who showed up and voiced concerns that this site should remain lower-intensity commercial. They were also concerned that the development of the gas station would eliminate several trees on the site. The Planning Commission recommendation was a 6-1 vote in favor of the rezoning, with two members absent. Mr. Phil Ruggeri, representative for the petitioner, stated Mr. McLeod did a good job of outlining the site. He showed a map which depicted two golf courses located to the north and south of the subject property, as well as a flood plain which traverses the area. He pointed out the Regular City Council Meeting Tuesday, November 21, 2017 Page 9 multiple-family developments, and the abutting Hartland Senior Living facility which was approved as a Conditional Rezoning in the C-1 District. Mr. Ruggeri explained the subject property is odd-shaped, and claimed that variances would be necessary regardless of the type of development. He stated there is only one large tree on the property, with a couple of smaller trees. Mr. Ruggeri showed a map that displayed the locations of gas stations in the area, and claimed since there are no other gas stations in this area, it will not saturate the area but will provide a useful need. Mr. Ruggeri credited Mr. McLeod for the layout of the pumps in the back and the building on the corner, adding that Mr. McLeod was very helpful in providing ideas and suggestions for the development, including the suggestion to contact Hartland to inquire about an easement so the developer can provide more greenery rather than a masonry wall. Mr. Ruggeri showed options for the proposed elevations, and assured it will look elegant with the enhanced landscaping. He explained they went before the Planning Commission on September 14th, and at that time it was a tie vote. At that second meeting, they had extensive discussion regarding size, intensity and variances, and the vote was 6-1 in favor of the development. He recalled only one person who was in opposition but did not want anything developed on that corner. He further recalled at the Planning Regular City Council Meeting Tuesday, November 21, 2017 Page 10 Commission meeting on October 12th, there were no residents present who expressed opposition to the development. He assured they tried to come up with plans that would require the least number of variances, and he pointed out they have gone above and beyond in their landscaping and façade. He added they reduced the size of the building from 4,000 square feet to 2,000 square feet. They hired a consultant to provide a CoStar evaluation, which is a building rating system, and he claimed they scored five stars for their proposed development. He explained one of the concerns expressed was that the site is small for this type of development; however, he claimed that of fourteen other comparable gas stations in the area, they range from 0.41 acre to 0.75 acre. Mr. Ruggeri assured Hartland has no objections. He indicated this is a transitional zoning, and because it is a Conditional Zoning, the site will have to be developed exactly as proposed. Mr. Ruggeri stated he has been in Sterling Heights for 37 years and claimed he has never brought a “lousy” project to the City. He indicated that if the City approves this, they have an opportunity to set a new standard for future gas stations because this will be unique, beautiful, and will not look like a typical gas station. He concluded by thanking the Council for their consideration of this request. Mayor Taylor opened the floor for comments from the audience. Regular City Council Meeting Tuesday, November 21, 2017 Page 11 Mr. Dennis White stated opposition to the project. Moved by Sierawski, seconded by Ziarko, RESOLVED, to introduce the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the northeast corner of the intersection of Schoenherr Road and Plumbrook Road in Section 24 from C-1 (Local Convenience Business District) to C-3 (General Business District); Case No. PZ17-0008, and direct Applicant to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the December 5, 2018 regular meeting. Mayor Pro-Tem Sierawski questioned whether the required setback of 50 feet for gas stations is applicable only when the pumps are in the front. Mr. McLeod responded that the 50-foot setback requirement is for all structures, including pumps and/or buildings. Mayor Pro-Tem Sierawski questioned whether the reason for the 6-foot wall being required is because it abuts residentially-zoned property. Mr. McLeod stated that when a commercial piece of property abuts a residentially-zoned piece of property, a 6-foot masonry wall is required. He explained the senior citizen facility located to the northeast represents the residential piece, so a wall would normally be required. He showed the aerial photo, noting that the Hartland senior development has a large triangular- Regular City Council Meeting Tuesday, November 21, 2017 Page 12 shaped undevelopable area, so there is already a significant buffer, and the thought was that a landscaped buffer may be a more appropriate solution. Mayor Pro-Tem Sierawski read an excerpt of the Planning Commission minutes, reflecting their opinion that, while this use may not be entirely consistent with the Master Land Use Plan for this area, the proposed use develops an odd- shaped, difficult-to-develop site with an attractive building and provides an essential need along Schoenherr. She stated she has driven Schoenherr and was unable to get gas when she needed it. She added it is a beautiful building and a nice project. Councilwoman Ziarko questioned whether there will be an entrance from Schoenherr or Plumbrook into this building, but it will be in the back. Mr. Ruggeri confirmed that the entrance from each road will be coming in behind the building. They will have mirrored doorways so there is a place to sit in the plaza area. He replied to further inquiry that they do not yet know the brand of gasoline. They are working with Shell and Mobil in Shelby Township, but this location is not yet decided. Mr. McLeod replied to inquiry that at this point, the building will most likely have a Plumbrook address, but if the petitioner feels a different addressing system would be appropriate, he can make that request. Regular City Council Meeting Tuesday, November 21, 2017 Page 13 Mr. Ruggeri replied to inquiry that they are proposing four pumps, with the capacity for eight cars at a time. He replied to further inquiry that they would like to start construction in the spring. Councilwoman Ziarko stated Schoenherr is west of her house, and this odd- shaped site has been vacant for many years. She stated even though it does not exactly match the Master Land Use Plan, it is amazing that they were able to come up with this plan for such a difficult parcel. She added that her neighbors are very excited at the possibility of having a gas station in the area. She stated the wind blowing across the vacant land in the winter causes that section of Schoenherr to freeze over, and having a building there will help the road conditions. She commended the petitioner and his representative for working with Administration and the Planning Commission to make this plan fit in the best way possible. Councilwoman Koski questioned what the rear elevation of the building will look like. Mr. Ruggeri replied it will mirror the front. He replied to further inquiry that they will also sell some groceries. Councilwoman Koski questioned where the tankers will come in to fill the tanks. Mr. Ruggeri replied the tankers can come in from either access point, but if they come in from Plumbrook, they can then turn right onto Regular City Council Meeting Tuesday, November 21, 2017 Page 14 Schoenherr. He pointed out a one-way emergency lane that will be provided for fire trucks. He assured they have plenty of room to accommodate their needs, and the only two variances needed are the building setback and the landscape in lieu of the wall. Councilwoman Koski agreed the wall would look out of place. She stated the design is very unique, attractive, and will set a new standard for future gas stations. Councilwoman Schmidt inquired as to the hours of operation. Mr. Ruggeri replied that, although the hours have not yet been determined, he stated it will not be a “24/7” operation. Councilwoman Schmidt stated seeing the pumps to the rear of the building caused some concern for her as far as security, and she discussed it with the Police Chief. She explained the Police Chief was comfortable with it because there would be a good view of the site from both Plumbrook and Schoenherr. She added that she would like to make sure they have adequate lighting and security cameras. Mr. Ruggeri assured there will be adequate lighting, and he credited Mr. McLeod for the “flipflop” of the pumps and the building, with the pumps out of sight and providing a better traffic flow on the property. Councilwoman Schmidt inquired as to whether there will be pedestrian access to the front of the building. Regular City Council Meeting Tuesday, November 21, 2017 Page 15 Mr. Ruggeri stated there will be an access via a sidewalk, although he is not sure whether the door will be open for pedestrian traffic because they may want to keep everything focused on the pump side. Councilwoman Schmidt could see no reason for this to be denied, especially since the immediate neighbor, Hartland Senior Living, is on board and is willing to grant the easement for a second row of trees. She added it is a needed service in the area for the many residents, and she stated she is comfortable with the first phase of this proposal. Councilman Radtke inquired as to whether there will be a one-way traffic pattern for the pumps. Mr. Ruggeri replied the pumps can be accessed from either road, and motorists will be able to go to either side of the pumps. Councilman Radtke expressed some concern for maneuverability if cars can end up “nose-to-nose” at the pumps. Mr. Ruggeri assured there is a lot of room for maneuvering, and they will still have the one-way emergency lane clear. Councilman Radtke was impressed with the plan and having the building closer to the street with the pumps in the back. He added that he prefers the elevation with the peaked roofline, but both elevations are attractive. He questioned whether there will be alcohol sales at this facility. Regular City Council Meeting Tuesday, November 21, 2017 Page 16 Mr. Ruggeri replied that he does not know whether the ability to sell alcohol at this location will be pursued in the future, although he believed that option is being pursued for both the Wixom and Shelby Township locations. Councilman Shannon stated support of this project, noting a gas station makes sense for this location. He stated he has driven past this property many times, and he cannot imagine what other type of development would fit. He stated any development would need some type of variance because of the odd shape of the property. He liked the aesthetics of the property, and the petitioner’s willingness to work with the Hartland Senior Living facility is noble. Since this is a Conditional Rezoning, he pointed out the City has input on how the project will move forward, and he reiterated he is in favor of the proposal. Mayor Taylor appreciated the detail provided, and he added this will be a beautiful building. He lives off Schoenherr and appreciates the residential and non-commercial character that road provides, but he also appreciates the concern of people who are driving on that road for a long stretch with no access to a gas station. He commended the petitioner, Mr. Fadi Seman, and Mr. Ruggeri for proposing some impressive projects in the last year, noting some of their developments that are setting high standards in both residential, multi- family and commercial developments. He added these high standards set the precedent for future developments in the City. Mayor Taylor thanked the Regular City Council Meeting Tuesday, November 21, 2017 Page 17 petitioner for his willingness to do business in the City of Sterling Heights and come up with impressive proposals. He acknowledged that, although a gas station may not be the perfect fit for that corner, it has been vacant, and he believed this is the best use for this property, and he stated he will be voting in favor of it. Yes: All. The motion carried. 2. Mayor Taylor indicated that this item is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the north side of Branch Street, on the west side of Mound Road, in Section 17 from O-2 (Planned Office District) to M-1 (Light Industrial District); Case No. PZ17-0009. He invited Mr. McLeod to give a presentation. Mr. Chris McLeod, City Planner, explained this is a proposal for a Conditional Rezoning for property located at the intersection of Mound Road and Branch Street, from O-2 to M-1 for the purposes of constructing a 22,165-square-foot multi-tenant industrial research and development building on a vacant 1.8-acre parcel, with five tenant spaces currently shown. He outlined the zoning and developments of the surrounding properties, and reviewed some of the features of the site plan and landscaping. He stated there is more than sufficient parking, and all four facades will be decorative face brick to provide a softened architectural appearance to the residents to the west. He outlined the specific conditions that have been voluntarily offered by the applicant, noting Regular City Council Meeting Tuesday, November 21, 2017 Page 18 that no variances are being requested. Mr. McLeod stated the City’s Master Land Use Plan supports the proposed development with a research and development type of industrial building, fitting in as part of the Innovation Support Designation. He pointed out that the site does not allow for truck traffic to easily access the back of the site, so it will not be conducive for tenants that need those types of truck deliveries, although there are some overhead doors to provide some commercial truck loading and unloading. Mr. McLeod stated that at the Planning Commission meeting, there was one comment from an abutting resident that he wished to speak with the applicant after the meeting, but he did not express his opinion for or against the proposal at the meeting. Mr. McLeod informed that the Planning Commission, with a 7-0 vote, recommended approval. He concluded his report by highlighting some of the other features of the site. Mr. Jim Eppink, Planner representing SDE Mancini Holdings, LLC, stated the Mancini family has built many developments through Sterling Heights over the years, they are a proud business in the community and intend to stay here. They are seeking a Conditional Rezoning based on what they think the market will house and how it supports the Master Land Use Plan in terms of innovation support building. He explained if it remained an O-2 zoning designation, the same size building could be constructed, with the same amount of parking configuration and truck Regular City Council Meeting Tuesday, November 21, 2017 Page 19 access. This will support some of the industry across the street and support the new jobs coming to this area. The types of trucks are generally no larger than a UPS truck, and he emphasized there is no stamping or heavy industrial, 24-hour operations. He pointed out the superior architecture and decorative brick on all four sides, along with enhanced landscaping, especially along Branch Street, knowing that is a residential gateway. He assured there will be very little impact on adjacent residents regarding their lighting, which will be directed back toward the building and controlled by motion and dimmers. Mr. Eppink stated they met with the neighbors to the west, a family who has owned that property for over sixty years, and shared their plans, including landscaping. He assured their company has offered a commitment to the neighbors to work with them to do what it takes to improve their side of the wall. He added the residents are looking forward to the wall because it will cut down on the amount of noise they are now getting from Mound Road. He stated that they spoke with the resident across the street on Branch Street, and although he was worried about his home value, he was pleased to see the quality of materials and ownership they will have on the site. He concluded by thanking the Council for the opportunity to make this presentation, and offered to answer questions. Regular City Council Meeting Tuesday, November 21, 2017 Page 20 Mayor Taylor opened the floor for public comments, but there were no public comments made. Moved by Schmidt, seconded by Ziarko, RESOLVED, to introduce the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the north side of Branch Street, on the west side of Mount Road, in Section 17, from O-2 (Planned Office District) to M-1 (Light Industrial District); Case No. PZ17-0009, and direct Applicant to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the December 5, 2017 regular meeting. Councilwoman Schmidt stated that the Mancini family has a wonderful corporate reputation in the community, and she appreciated all they are putting into this project. She appreciated that they have reached out to the neighbors and assured them that their investment will maintain its worth. She wished them well and is excited to see them move forward. Councilwoman Ziarko stated this is a great opportunity for the city, and she questioned whether this building will be reserved for research and development. The petitioner responded that the front one-third of the building will serve as office space, with the back two-thirds of the building being more flexible for an office or a high-tech workshop. Regarding tenant space, it can be separated into five tenant spaces, but there may be a Regular City Council Meeting Tuesday, November 21, 2017 Page 21 tenant who will want up to three of those spaces, and the walls can accommodate that flexibility. Councilwoman Ziarko inquired as to whether transient traffic would be somewhat limited with this type of use. The petitioner responded this type of use generates much less traffic than retail, and there are generally fewer employees as well, with possibly only three or four employees. Councilwoman Ziarko inquired as to whether the residents were notified of this proposed rezoning. Mr. McLeod replied that they followed standard procedure in notifying those within 300 feet of the property in question, as well as a newspaper publication. Councilman Radtke inquired as to why there is not a sidewalk indicated along Branch Street. Mr. McLeod replied there is no sidewalk along Branch Street, and if there is not an existing sidewalk, the City has typically not required it because it would not connect to anything. He added that if there was already a sidewalk in place on that street, the developer would have been required to install a sidewalk. Councilman Radtke stated he was curious because he is aware the City is trying to connect their communities. Mayor Taylor stated this is a well-designed building, targeting a use the City needs. There is a lot of industrial in the City, and the support system is needed. Regular City Council Meeting Tuesday, November 21, 2017 Page 22 He appreciated the applicant going above and beyond the City’s landscaping ordinance, and he wished them well. Yes: All. The motion carried. 3. Mayor Taylor indicated that this item is to consider introduction of an ordinance amending Chapter 5 of the City Code to revise the City’s liquor control regulations to conform to new state law provisions regulating possession and consumption of alcohol by persons under the age of 21. He invited Mr. Donald P. DeNault, Assistant City Attorney, to give a presentation. Mr. DeNault explained this is a straightforward ordinance based on a change in the state laws that was adopted earlier this year and will take effect on January 1, 2018. Beginning on January 1, 2018, a minor who possesses or consumes alcohol (MIP) in the State of Michigan, as a first-time offender (defined as not having any prior alcohol offenses in the past), will be charged with a civil infraction if caught. Mr. DeNault explained what occurs with a second, third and subsequent MIP offense, which are considered misdemeanors. He stated that a civil infraction usually results in a fine only; however, there is a provision included that gives the judge authority to order programs, but it is confusing because in civil infractions, the judges do not have probation power. It is not known whether judges will be open to try to impose some type of condition on a minor because they have no probationary power over the minor, although they have contempt power. Mr. DeNault further explained the details of the Regular City Council Meeting Tuesday, November 21, 2017 Page 23 new laws, and how the law came about. The rationale of a former Sheriff’s Deputy who proposed this was that, as a minor, they do not want a mistake to follow them through their entire life as a criminal misdemeanor, so this is a way of undoing some of the long-term hardships and consequences for minors who make the mistake. The law also specifies that, while a police officer can ask a minor to take a Breathalyzer test, if the minor declines, a court order must be obtained to proceed with that test. He concluded his presentation by stating that the City cannot modify, counteract or oppose the State law, and that is why this ordinance amendment is being presented. Moved by Shannon, seconded by Sierawski, RESOLVED, to introduce the ordinance amending Chapter 5 of the City Code to revise the City’s liquor control regulations to conform to new state law provisions regulating possession and consumption of alcohol by persons under the age of 21. Councilman Shannon stated he is completely against underage drinking, but it does occur, and he felt it is totally unfair to place a criminal status on a minor for a one-time mistake. He is pleased this law has changed and that the Council is acting on this. Mayor Pro-Tem Sierawski agreed with Councilman Shannon, and indicated this law will impose more fairness and practicality. She stated she is interested to see how the probationary issue will be dealt with, but she added this is a good Regular City Council Meeting Tuesday, November 21, 2017 Page 24 solution to introduce the ordinance. She thanked Mr. DeNault for his presentation. Mayor Taylor stated this was a straightforward presentation and mirrors what the State is imposing. He thanked Mr. DeNault for his work on this amendment. Yes: All. The motion carried. 4. Mayor Taylor indicated this item is to consider adoption of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property south of Metropolitan Parkway, on the west side of Ryan Road, in Section 30 from R-60 (One-Family Residential District) to C-1 (Local Convenience Business District). Mr. McLeod stated this was introduced at the last meeting, and he has no additional presentation this evening. Moved by Sierawski, seconded by Schmidt, RESOLVED, to adopt the map amendment to Zoning Ordinance No. 278 to conditionally rezone property south of Metropolitan Parkway, on the west side of Ryan Road, in Section 30 from R-60 (One-Family Residential District) to C-1 (Local Convenience Business District); Case No. PZ17-0004, subject to the terms and conditions of the Conditional Rezoning Agreement that the Mayor and City Clerk are hereby authorized to sign on behalf of the City. Yes: All. The motion carried. Regular City Council Meeting Tuesday, November 21, 2017 Page 25 5. CONSENT AGENDA Mayor Taylor opened the floor for comments from the audience, but no one from the audience spoke on this item. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of November 8, 2017 and the Special Meeting of November 14, 2017, as presented. B. To approve payment of the bills as presented: General Fund - $997,528.30, Water & Sewer Fund - $1,776,269.13, Other Funds - $4,250,062.32, Total Checks - $7,023,859.75. C. RESOLVED, to receive the lawsuit, Searan Matti Esho v. City of Sterling Heights/Public Safety Dept, 41A District Court Case No. S-17-3758-GZ. D. RESOLVED, to approve the Agreement among the cities of Warren, Sterling Heights, Roseville, Charter Township of Clinton, and the County of Macomb for the Assessment of Fair Housing and authorize the City manager to sign the Agreement and any related documentation on behalf of the City. E. RESOLVED, to approve the purchase of the used Duplo System 2000 Modular Suction Fee collator / booklet maker from C.P.S. Company, P.O. Box 1796, Belleville, MI 48112 at a total cost of $13,000. Regular City Council Meeting Tuesday, November 21, 2017 Page 26 F. RESOLVED, to purchase two 2018 Ford T350 U4X Transit Vans from Mobility Transportation Services, 42000 Koppernick, Canton, MI 48187, at pricing available through the Suburban Mobility Authority for Reginal Transportation (SMART) bid, Contract #17-2220, in the cumulative amount of $90,438. G. RESOLVED, to: (a) suspend Governing Body Rule of Procedure No. 2 and hold the first regular meeting of the Sterling Heights city Council in January, 2018 on Wednesday, January 3, 2018 at 7:00 p.m.; and (b) direct the City Clerk to provide notice in accordance with Michigan’s Open Meetings Act, as applicable. Yes: All. The motion carried. CONSIDERATION 6. Mayor Taylor indicated this item is to consider nominations to the Sterling Heights Local Development Finance Authority (LDFA). He opened the floor for public comments, but no one from the audience spoke on this item. Mayor Taylor stated Mr. Phillip K. Hunsberger has expressed an interest in being reappointed to the LDFA for a term ending June 30, 2020, and since this is a mayoral appointment, he requested that Council make a motion to that effect. Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Phillip K. Hunsberger to the Sterling Heights Local Development Finance Authority to a Regular City Council Meeting Tuesday, November 21, 2017 Page 27 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. COMMUNICATIONS FROM CITIZENS Mr. Jason Padyiasek – apologized to Mr. Geoff Gariepy for posting a doctored image in a Facebook post. Ms. Jazmine Early – thanked residents for their votes; complained about her campaign signs being removed; disappointed in alleged political comments on her Facebook page; questioned recent watermain break and whether lines are regularly inspected, whether the break was avoidable, how much the repairs will cost and who will pay. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool indicated he had nothing further to report. Mr. Kaszubski stated there is one item for Closed Session this evening. Councilman Radtke inquired as to whether Mr. Vanderpool would be willing to answer the resident’s questions regarding the watermain break. Mr. Vanderpool responded that, with respect to the watermain, the City experiences an average of 100 watermain breaks in any given year, some more serious than others. He explained this recent break was a little more serious, but in almost all cases, it is impossible to place the blame on what caused the break. In this case, it was a lateral line that fed BAE Systems. They could not Regular City Council Meeting Tuesday, November 21, 2017 Page 28 determine anything terribly wrong with the lateral line, but for some reason it failed. Water and sewer lines are inspected regularly across the City each year, but those inspections do not catch everything. The City has approximately 50,000 valves servicing the system and at any given time, even with newer systems, he estimated a failure rate of 5% to 10% of any valve. He stated they must increase maintenance of their system and will need to focus on that going forward. He stated that the City could spend millions of dollars more each year and would still not be able to catch every break, although they do the best they can to avoid them. Councilwoman Ziarko wished everyone a Happy Thanksgiving. She reminded residents of “Small Business Saturday” and make it a point to get out and support local businesses. She suggested going out to eat at a local family- owned restaurant after shopping to support the local community. Councilwoman Schmidt reminded the residents that the Department of Public Works (DPW) is sponsoring the annual Ken Stempowski Food Drive. Deliveries of non-perishable foods can be dropped off at the DPW facility on Mondays through Fridays from 8 a.m. to 4 p.m. or at the Community Relations office at City Hall from 8:30 a.m. to 5 p.m. any day City Hall is open from now through December 8th. She stated this is a great way for them to pay tribute to a former DPW worker and to help those in need within the community. She suggested those who desire more information to call 446-CITY or the DPW on 18 Mile Rd. Regular City Council Meeting Tuesday, November 21, 2017 Page 29 Mayor Taylor stated he does not respect Ms. Early for her allegations made in her public comments. He is opposed to the hateful rhetoric, indicating that may be the reason she lost the election because the public has become well aware of her beliefs and opinions. He assured she is welcome to continue to live in this city, which is one of the best in the state, with very low taxes, tremendous services, great Police and Fire Departments, low water and sewer rates and fabulous parks, but he emphasized it is time for the hateful rhetoric to end. He added that the residents of Sterling Heights have spoken loud and clear through the recent election. CLOSED SESSION Moved by Ziarko, seconded by Schmidt, RESOLVED, to recess into Closed Session at 8:51 p.m. Roll Call Vote: Yes: Taylor, Sierawski, Koski, Radtke, Schmidt, Shannon, Ziarko The motion carried. ADJOURN Moved by Ziarko, seconded by Sierawski, to adjourn the meeting. The motion carried and the meeting was adjourned at 9:47 p.m. MELANIE D. RYSKA, City Clerk