CITY OF STERLING HEIGHTS
MINUTES OF REGULAR MEETING OF CITY COUNCIL
TUESDAY, FEBRUARY 17, 2015
IN CITY HALL
Mayor Michael C. Taylor called the meeting to order at 7:30 p.m.
Mayor Taylor led the Pledge of Allegiance to the Flag and Mark Carufel, City Clerk, gave the
Invocation.
Council Members present at roll call: Deanna Koski, Joseph V. Romano, Maria G. Schmidt,
Nate Shannon, Doug Skrzyniarz, Barbara A. Ziarko.
Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark
Carufel, City Clerk; Meghan Ahearn, Recording Secretary.
APPROVAL OF AGENDA
Moved by Koski, seconded by Romano, to approve the Agenda as presented.
Yes: All. The motion carried.
REPORT FROM CITY MANAGER
Mr. Vanderpool reported that the Community Foundation is set to offer a record number of
scholarships this spring totaling $35,000 for college bound high school seniors and current
college students living in Sterling Heights and Macomb County. He stated that there will be
approximately 40 scholarships awarded in the fields of general studies, technical training,
science, technology, engineering, computer science, automotive technician, mathematics,
health care, chiropractic, health care, and public service. He stated that the applications are Regular City Council Meeting Tuesday, February 17, 2015 Page 2
available on the city website at www.sterlingheightscommunityfoundation.org and the deadline
to apply is Friday, March 13, 2015.
Mr. Vanderpool reported that an article based on an interview with Sterling Heights will appear
in the February 2015 issue of Business in Focus Magazine. He stated the article focuses on
Sterling Heights’ strong business climate, progressive initiatives, such as Macomb-OU
incubator, foster the growth of start-up companies, and a vibrant, high-tech automotive and
defense sector. He stated that over 360,000 copies of Focus magazine are distributed monthly
in Canada and the United States. He reported that the article can be viewed online at
http://www.businessinfocusmagazine.com/.
Mr. Vanderpool reported that property values in Sterling Heights are going up over 15% and
that it is a good economic indicator for Sterling Heights. He reported that taxable value is only
going up 1.6%. He showed a chart that indicated Sterling Heights’ Assessed Value History
which shows an upward trend in the last two years.
PRESENTATION
Councilman Doug Skrzyniarz presented the Nice Neighbor Award to Ken McCarthy,
nominated by his neighbor, Ray Trzasko.
Councilwoman Maria Schmidt presented the Nice Neighbor Award to Suburban Ford Manager
Jim Elder.
Police Chief Michael Reese introduced and swore in new Sterling Heights Police Officers
Andrew Bradfield, Scott DeMuynck, Lamar Kashat, and Frank Manning. He stated that
providing safety and security in the City remains a priority. He stated that hiring exceptional
individuals who are dedicated to serve and protect the people of Sterling Heights enables law
Regular City Council Meeting Tuesday, February 17, 2015 Page 3
enforcement efforts to be enhanced, programs to be expanded, and an improved quality of life
to be enjoyed by all. He stated that over the next 48 months the department will hire 12
officers each year.
Officer Andrew Bradfield thanked everyone for their support and looks forward to
starting a family in the community and a great career in this department.
Officer Frank Manning thanked Chief Reese, Mayor Taylor, and City Council for the
opportunity. He stated that he has lived in the city for the last 8 years and is grateful for
the opportunity. He said he is excited and looks forward to serving the community and
citizens and a long career in Sterling Heights.
Officer Scott DeMuynck thanked City Council, Chief Reese, and the community for the
opportunity. He said he looks forward to spending the next 25 years or more serving
the residents of Sterling Heights.
Officer Lamar Kashat thanked City Council, Chief Reese, and the City of Sterling
Heights. He stated that he has been here for two weeks and this is one of the coolest
cities he has seen. He stated that there are very nice people here and everyone
appreciates the police.
The City Council stepped down to congratulate the newly sworn-in officers.
Councilwoman Ziarko stated that she’s excited to see the plan that was created when
the Safe Streets Millage passed come to fruition.
Romano stated that just because the officers were officers elsewhere doesn’t mean they
were automatically given the job. He stated that there is a rigorous screening process to
Regular City Council Meeting Tuesday, February 17, 2015 Page 4
hire new officers. He said these four officers are the start of the best of the best and he
is proud to have them working for the city.
Councilman Skrzyniarz stated that he likes to see officers coming from other cities and
that they are choosing to come to Sterling Heights. He stated that they have good
experience and we are fortunate to have them in the city.
Mayor Taylor stated that he’s proud to have these ceremonies again. He stated that our
Police Department is a destination job and most will stay and retire here in Sterling
Heights.
ORDINANCE INTRODUCTION
1. Ms. Bridget Doyle, Community Relations Director, stated that the Cultural Commission
operates to, first, act as an advisory commission to City Council, second, to consider, study,
and recommend plans for the development of citywide cultural programs, and, third, to
promote, coordinate, and develop the performing and creative arts by making
recommendations for programs for the citizens of the city. She reported that the Cultural
Commission has successfully implemented and sustained many programs including the annual
Sterlingfest Art and Music Fair, Memorial Day Ceremony and Parade, the Featured Artist
Program, and the Sterlingscapes Art Collection. She stated that there has been a fair amount of
public confusion over what the Cultural Commission does based upon its official name. She
stated that many members of the public assume the Cultural Commission is charged with and
provides forum for discussion, fact-finding, and recommendations regarding issues and
concerns to ethnic groups within the city. She stated that this confusion detracts from the good
work of the Cultural Commission and the Ethnic Community Committee, which is actually
Regular City Council Meeting Tuesday, February 17, 2015 Page 5
responsible for fostering ethnic understanding and outreach within the city of Sterling Heights.
She reported the members of the Cultural Commission are recommending the name be changed
to the Sterling Heights Arts Commission. She stated that the Cultural Commission believes
that the new name better fits its defined mission and will eliminate confusion with the good
work of the Ethnic Community Committee.
Ms. Jazmine Early stated that she wonders why they want to change the name.
Moved by Romano, seconded by Schmidt, RESOLVED, to introduce an ordinance amending
Chapter 2, Article II, Division 6 of the City Code to change the name of the Sterling Heights
Cultural Commission to the Sterling Heights Arts Commission.
Councilman Romano stated that Ms. Doyle made an outstanding presentation about why they
want to change the name.
Mayor Taylor agreed that the presentation was straightforward.
Yes: All. The motion carried.
ORDINANCE ADOPTION
2. Moved by Schmidt, seconded by Romano, BE IT ORDAINED, to adopt a map amendment to
conventionally rezone property on the east side of Dequindre Road, between Maplecrest and
Oakcrest Drives in Section 30, from R-60 (One-Family Residential District) to O-1 (Business
& Professional Office District), Case No. PZ14-1131.
CITY OF STERLING HEIGHTS
COUNTY OF MACOMB, MICHIGAN
ORDINANCE NO. 278-177
Regular City Council Meeting Tuesday, February 17, 2015 Page 6
AN ORDINANCE TO AMEND THE MAP OF THE ZONING ORDINANCE OF THE CITY OF STERLING HEIGHTS, MICHIGAN.
THE CITY OF STERLING HEIGHTS ORDAINS:
Section 1. That the following parcels of land located in the City of Sterling Heights, Macomb County, Michigan, and described as follows:
Land situated in the City of Sterling Heights, County of Macomb, State of Michigan, described as follows:
The West 280 feet of Lots 37 and 38 of Hickory Heights Subdivision
Subject to any and all easements and rights of way of record or otherwise.
Parcel Identification No. Lot 37: 10-30-303-012 Lot 38: 10-30-303-013
Commonly known as: Lot 37: 35634 Dequindre Road Lot 38: 35614 Dequindre Road
Common Description: East side of Dequindre Road between Maplecrest Drive and Oakcrest Drive in Section 30, PZ14-1131 be rezoned from R-60 (One-Family Residential) to O-1 (Business and Professional Office) in accordance with the Zoning Ordinance of the City of Sterling Heights, and that the Zoning Map be amended accordingly.
Section 2. All other provisions of the text and map of the Sterling Heights Zoning Ordinance shall remain in full force and effect.
Section 3. This amendment shall become effective seven days after publication of this amendment or a notice of adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 3rd day of February, 2015, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 17th day of February, 2015.
______MARK CARUFEL CITY CLERK INTRODUCED: 02-03-15 ADOPTED: 02-17-15 PUBLISHED: 02-22-15
Regular City Council Meeting Tuesday, February 17, 2015 Page 7
EFFECTIVE: 03-01-15
Yes: All. The motion carried.
3. Moved by Schmidt, seconded by Romano, BE IT ORDAINED, to adopt a map amendment to
conventionally rezone property on the south end of Adrian Drive and the north end of
Tamarack Drive, west of Mound Road between Metropolitan Parkway and Fox Hill Drive in
Section 20, from TRO (Technical Research Office District) to R-60 (One-Family Residential
District), Case No. PZ14-1132.
CITY OF STERLING HEIGHTS
COUNTY OF MACOMB, MICHIGAN
ORDINANCE NO. 278-178
AN ORDINANCE TO AMEND THE MAP OF THE ZONING ORDINANCE OF THE CITY OF STERLING HEIGHTS, MICHIGAN.
THE CITY OF STERLING HEIGHTS ORDAINS:
Section 1. That the following parcels of land located in the City of Sterling Heights, Macomb County, Michigan, and described as follows:
Land situated in the City of Sterling Heights, County of Macomb, State of Michigan, described as follows:
Parcel 1: T2N, R12E, SEC 20: COMM AT E 1/4 POST SEC 20; TH S0°09'45"W 1217.21 FT ALG E SEC LINE TO PT OF BEG; TH S0°09'45"W 122.74 FT ALG SD LINE; TH N89°57'29"W 1049.48 FT; TH N0°18'30"E 122.63 FT; TH S89°57'50"E 1048.13 FT TO PT OF BEG.
Parcel 2:
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T2N, R12E, SEC 20: COMM AT E 1/4 POST SEC 20; TH S00°09'45"W 821.75 FT ALG E SEC LINE; TH S89°53'00"W 520.0 FT TO POB; TH CONT S89°53'00"W 416.02 FT; TH S00°49'23"W 79.16 FT; TH S89°53'00"W 440.0 FT; TH S00°24'00"W 158.27 FT; TH N89°53'00"E 857.12 FT; TH N00°09'45"E 237.37 FT TO POB, BEING PART OF PARCELS 1 2, & 3, RASKA FARM (UNREC.)
Subject to any and all easements and rights of way of record or otherwise.
Parcel Identification No. Parcel 1: 10-20-426-017 Parcel 2: 10-20-426-023
Commonly known as: Parcel 1: 37501 Mound Road Parcel 2: 37572 Adrian Drive
Common Description: The south end of Adrian Drive and the north end of Tamarack Drive, west of Mound Road between Metropolitan Parkway and Fox Hill Drive in Section 20, PZ14-1132 be rezoned from TRO (Technical Research Office) to R-60 (One-Family Residential) in accordance with the Zoning Ordinance of the City of Sterling Heights, and that the Zoning Map be amended accordingly.
Section 2. All other provisions of the text and map of the Sterling Heights Zoning Ordinance shall remain in full force and effect.
Section 3. This amendment shall become effective seven days after publication of this amendment or a notice of adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 3rd day of February, 2015, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 17th day of February, 2015.
______MARK CARUFEL CITY CLERK
INTRODUCED: 02-03-15 ADOPTED: 02-17-15 PUBLISHED: 02-22-15 EFFECTIVE: 03-01-15
Yes: All. The motion carried.
Regular City Council Meeting Tuesday, February 17, 2015 Page 9
4. Moved by Koski, seconded by Ziarko, BE IT ORDAINED, to adopt a map amendment to
conventionally rezone property on the west side of Ryan Road, between 15 Mile Road and
Rhoten Drive in Section 31, from R-60 (One-Family Residential District) to O-1 (Business &
Professional Office District), Case No. PZ14-1133.
CITY OF STERLING HEIGHTS
COUNTY OF MACOMB, MICHIGAN
ORDINANCE NO. 278-179
AN ORDINANCE TO AMEND THE MAP OF THE ZONING ORDINANCE OF THE CITY OF STERLING HEIGHTS, MICHIGAN.
THE CITY OF STERLING HEIGHTS ORDAINS:
Section 1. That the following parcel of land located in the City of Sterling Heights, Macomb County, Michigan, and described as follows:
Land situated in the City of Sterling Heights, County of Macomb, State of Michigan, described as follows:
T2N, R12E, SEC 31: COMM AT E 1/4 POST SEC 31; TH N0°04'20"W 2134.59 FT TO POB; TH S89°52'10"W 600.75 FT; TH NO°04'20"W 161.11 FT; TH N89°52'10"E 600.75 FT; TH S0°04'20"E 161.11 FT TO POB, EXC E 60.0 FT THEREOF.
Subject to any and all easements and rights of way of record or otherwise.
Parcel Identification No. 10-31-226-008
Commonly known as: 34781 Ryan Road
Common Description: West side of Ryan Road between Rhoten Drive and 15 Mile Road in Section 31, PZ14-1133 be rezoned from R-60 (One-Family Residential) to O-1 (Business and Professional Office) in accordance with the Zoning Ordinance of the City of Sterling Heights, and that the Zoning Map be amended accordingly.
Regular City Council Meeting Tuesday, February 17, 2015 Page 10
Section 2. All other provisions of the text and map of the Sterling Heights Zoning Ordinance shall remain in full force and effect.
Section 3. This amendment shall become effective seven days after publication of this amendment or a notice of adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 3rd day of February, 2015, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 17th day of February, 2015.
______MARK CARUFEL CITY CLERK INTRODUCED: 02-03-15 ADOPTED: 02-17-15 PUBLISHED: 02-22-15 EFFECTIVE: 03-01-15
Yes: All. The motion carried.
5. Moved by Ziarko, seconded by Koski, BE IT ORDAINED, adopt an ordinance to amend
Chapter 35 of the City Code to update the City’s regulations governing possession and use of
tobacco by minors and add new regulations governing the purchase, possession, and use of
vapor products by minors.
CITY OF STERLING HEIGHTS
MACOMB COUNTY, MICHIGAN
ORDINANCE NO. 439
AN ORDINANCE TO AMEND THE CITY CODE TO UPDATE THE CITY’S RESTRICTIONS ON THE POSSESSION OF TOBACCO BY MINORS AND THE FURNISHING OF TOBACCO TO MINORS IN CONFORMANCE WITH STATE LAW; TO PROHIBIT THE POSSESSION OF VAPOR PRODUCTS BY MINORS AND THE FURNISHING OF VAPOR PRODUCTS TO MINORS; AND TO UPDATE THE CITY CODE TO INCLUDE STATE LAW PROSCRIPTIONS FOR CONSPIRACY TO COMMIT, BEING AN ACCESSORY TO THE COMMISSION
Regular City Council Meeting Tuesday, February 17, 2015 Page 11
OF, AND AIDING AND ABETTING THE COMMISSION OF AN ORDINANCE VIOLATION.
THE CITY OF STERLING HEIGHTS ORDAINS:
SECTION 1. Section 35-36 of Chapter 35 of the Code of Ordinances is deleted and RESERVED.
SECTION 2. Section 35-37 of Chapter 35 of the Code of Ordinances is deleted and RESERVED.
SECTION 3. Section 35-38 of Chapter 35 of the Code of Ordinances is deleted and RESERVED.
SECTION 4. Article VI of Chapter 35 of the Code of Ordinances is amended to read as follows:
ARTICLE VI. TOBACCO AND VAPOR PRODUCTS
35-91. TITLE.
This article shall be known and cited as the “Sterling Heights Tobacco Products and Vapor Products Ordinance.”
35-92. PURPOSE AND FINDINGS.
The purpose of this article is to protect the public health, safety, and welfare of the property and persons in the city by prohibiting persons under eighteen (18) years of age from possessing tobacco products and vapor products, and prohibiting the sale of tobacco products and vapor products to persons under eighteen (18) years of age.
Persons under age eighteen (18) are prohibited by law from purchasing or possessing cigarettes and other tobacco products, and retailers are prohibited from selling them to minors. However, tobacco-less products - commonly referred to as “electronic cigarettes,” “e-cigarettes,” “e-cigars,” “e- cigarillos,” “e-pipes,” “e-hookahs,” or “electronic nicotine delivery systems” - allow the user to simulate cigarette smoking and ingest nicotine. These products may be purchased by minors and are being marketed without age restrictions or health warnings and come in different flavors that appeal to young people.
Studies by the FDA have determined that e-cigarettes can increase nicotine addiction among young people and contain chemical ingredients known to be harmful, which may expose users and the public to potential health risks. The use of e-cigarettes and similar devices has increased significantly in recent years, as evidenced by the fact that:
Regular City Council Meeting Tuesday, February 17, 2015 Page 12
• Between 2011 and 2012 the percentage of all youth in grades 6 to 12 who had tried electronic smoking devices doubled;
• 6.8% of all youth between 6th and 12th grade report trying electronic smoking devices;
• 10% of high school students have tried electronic smoking devices;
• 9.3% of youth who have used electronic smoking devices have never smoked conventional cigarettes; and
• Between 2010 and 2011, rates of both awareness and use of unregulated electronic smoking devices by adults also increased significantly.
• The 2014 survey conducted by Monitoring the Future, released on December 16, 2014 by the National Institute on Drug Abuse, revealed recent use by 8.7% of eighth graders, 16.2% of tenth graders, and 17.1% of twelfth graders.
Existing studies on electronic smoking devices’ vapor emissions and cartridge contents have found a number of dangerous substances including:
• Chemicals known to cause cancer such as formaldehyde, acetaldehyde, lead, nickel, and chromium;
• PM2.5, acrolein, tin, toluene, and aluminum, which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and even premature death from heart attacks and stroke;
• Inconsistent labeling of nicotine levels in electronic smoking device products; and
• In one instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans.
Some cartridges used by electronic smoking devices can be re-filled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine, and as a result:
• In one instance, diethylene glycol, an ingredient used in antifreeze and toxic to humans.
• Poisonings from electronic smoking devices have increased dramatically in the last three and half years from “one [a month] in September 2010 to 215 a month in February 2014.”
• Analysis of reports of poisonings from electronic smoking devices finds that calls reporting exposure to electronic smoking devices are much more likely to involve adverse health effects when compared to calls reporting exposure to conventional cigarettes.
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Clinical studies about the safety and efficacy of these products have not been submitted to the FDA for the over 400 brands of electronic smoking devices that are on the market and for this reason, consumers currently have no way of knowing:
• Whether electronic smoking devices are safe;
• What types or concentrations of potentially harmful chemicals the products contain; and
• What dose of nicotine the products deliver.
The World Health Organization has strongly advised consumers against the use of electronic smoking devices until they are “deemed safe and effective and of acceptable quality by a competent national regulatory body.”
The World Medical Association has determined that electronic smoking devices “are not comparable to scientifically-proven methods of smoking cessation” and that “neither their value as therapeutic aids for smoking cessation nor their safety as cigarette replacements is established.”
In September of 2013, 40 state attorneys general (including Michigan’s) signed a letter to the Commissioner of the United States Food and Drug Administration, outlining their concerns with e- cigarettes and requesting the implementation of regulations that would address the advertising, ingredients, and sale to minors of e-cigarettes at the federal level.
It is the intent of the City Council, in enacting this ordinance, to provide for the public health, safety, and welfare by facilitating uniform and consistent enforcement of smoke-free air laws; by reducing the potential for re-normalizing smoking in public places and places of employment; by reducing the potential for children to associate the use of electronic smoking devices with a normative or healthy lifestyle; and by prohibiting the sale or distribution of electronic smoking devices to minors.
Therefore, the City Council determines that prohibiting the sale, giving, or furnishing of e- cigarettes to minors and prohibiting the purchase, possession, or use of e-cigarettes by minors is in the City’s best interests and will promote the public health, safety, and welfare. For purposes of this Ordinance, the City is adopting the term “Vapor Product” to address e-cigarettes and all similar devices, because this term has been defined by the Michigan House and Senate in Senate Bills 667 and 668, enrolled in June of 2014, as part of proposed amendments to the Youth Tobacco Act, being Public Act 31 of 1915.
35-93. DEFINITIONS.
For the purpose of construction and application of this article, the following definitions shall apply:
Minor means an individual who is less than 18 years of age.
Regular City Council Meeting Tuesday, February 17, 2015 Page 14
Person who sells vapor products at retail means a person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products. Person who sells tobacco products at retail means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax. Possess a tobacco product or vapor product shall mean either actual physical control of the tobacco product or vapor product without necessarily owning that product, or the right to control the product even though it is in a different room or place than where the person is physically located. Public place means a public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or premises, or in a public place of business. Tobacco product means a product that contains tobacco and is intended for human consumption, including but not limited to cigarettes, non-cigarette smoking tobacco, or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Tax Act, cigars, chewing tobacco, and flavored tobacco (shisha). Tobacco product does not include a vapor product or a product regulated as a drug or device by the United States Food and Drug Administration. Use a tobacco product or vapor product means to smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product. Vapor product means a noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States Food and Drug Administration.
35-94. PROHIBITED CONDUCT.
(A) Subject to subsection (C), a minor shall not do any of the following:
(1)_ Purchase or attempt to purchase a tobacco product or vapor product.
(2) Possess or attempt to possess a tobacco product or vapor product.
(3) Use a tobacco product or vapor product in a public place.
(4) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product or vapor product.
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(B) An individual who violates subsection (A) is subject to the following:
(1) The first violation is a municipal civil infraction, punishable by a fine of $500.00 for each violation, except that the fine will be $50.00 for each violation cited on a single municipal civil infraction citation if the individual completes a health promotion and risk reduction program approved by the police department, either within 30 days of receiving the citation or prior to entering a plea of responsibility at the district court.
(2) A second violation or subsequent violation shall be a misdemeanor, punishable by a fine up to $500.00. The court may order the individual to complete a health promotion and risk reduction program and perform not more than 40 hours of community service in a hospice, nursing home, or long-term care facility.
(C) Subsection (A) does not apply to a minor participating in any of the following:
(1) An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
(2) An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.
(3) Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted under the direction of a substance abuse coordinating agency as defined in the Public Health Code, 1978 PA 368, MCL 333.6103, and with the prior approval of the state police or a local police agency.
(D) Subsection (A) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.
(E) This section does not prohibit an individual from being charged with, convicted of, or sentenced for any other violation of law that arises out of the violation of subsection (A).
Statutory reference:
Tobacco, see MCL 722.641 et seq.
35-95. PARENTAL RESPONSIBILITY.
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A primary caretaker having custody or control of a minor who violates section 35-94 shall be responsible for a municipal civil infraction and a fine of $500.00 for knowingly allowing or, through lack of supervision, allowing the minor to violate section 35-94. The fine will be $50.00 if the primary caretaker completes a health promotion and risk reduction program approved by the police department, either within 30 days of receiving the citation or prior to entering a plea of responsibility at the district court.
35-96. SALES OF INDIVIDUAL CIGARETTES.
(A) Except as otherwise provided in subsection (B), a person who sells tobacco products at retail shall not sell a cigarette separately from its package.
(B) Subsection (A) does not apply to a person who sells tobacco products at retail in a tobacco specialty retail store or other retail store that deals exclusively in the sale of tobacco products and smoking paraphernalia.
(C) A person who violates subsection (A) is guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each offense.
Statutory reference:
MCL 722.642a
35-97. FURNISHING TO MINORS.
(A) A person shall not sell, give, or furnish a tobacco product or vapor product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or subsection (H) is guilty of a misdemeanor punishable by a fine of not more than $50.00 for each violation.
(B) A person who sells tobacco products or vapor products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement:
“The purchase of a tobacco product or vapor product by a minor under 18 years of age and the provision of a tobacco product or vapor product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product or vapor product is subject to criminal penalties.”
(C) If the sign required under subsection (B) is more than 6 feet from the point of sale, it shall be 5-1/2 inches by 8-1/2 inches and the statement required under subsection (B) shall be printed in 36- point boldfaced type. If the sign required under subsection (B) is 6 feet or less from the point of sale, it shall be 2 inches by 4 inches and the statement required under subsection (B) shall be printed in 20- point boldfaced type.
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(D) The signs required by subsection (C) may be procured from the department of community health pursuant to state law. The seller may add the “vapor product” language to the sign if the department of community health does not or will not include it.
(E) It is an affirmative defense to a charge under subsection (A) that the defendant had in force at the time of arrest and continues to have in force a written policy to prevent the sale of tobacco products and vapor products to persons under 18 years of age and that the defendant enforced and continues to enforce the policy. A defendant who proposes to offer evidence of the affirmative defense described in this subsection shall file and serve notice of the defense, in writing, with the court and serve a copy of the notice on the city attorney. The defendant shall serve the notice not less than 14 days before the date set for trial.
(F) If the city attorney proposes to offer testimony to rebut the affirmative defense described in subsection (E), the city attorney shall file a notice of rebuttal, in writing, with the court and serve a copy of the notice on the defendant. The city attorney shall serve the notice not less than 7 days before the date set for trial and shall include in the notice the name and address of each rebuttal witness.
(G) Subsection (A) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.
(H) Before selling, offering for sale, giving, or furnishing a vapor product to an individual, a person shall verify that the individual is at least 18 years of age by doing 1 of the following:
(1) If the individual appears to be under 27 years of age, examining a government-issued photographic identification that establishes that the individual is at least 18 years of age.
(2) For sales made by the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available from a commercially available database, or aggregate of databases, that are regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process that establishes that the individual is 18 years of age or older. Statutory reference:
Tobacco, see MCL 722.641
35-98-35-100. RESERVED.
SECTION 5. Article VI of Chapter 35 of the Code of Ordinances is renumbered as Article VII and revised to read as follows:
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ARTICLE VII. ATTEMPTS; AIDING AND ABETTING; CONSPIRACY
35-101. ATTEMPTS; ACCESSORY; CONSPIRACY; AIDING AND ABETTING.
(A) Any person who shall attempt to commit, act as an accessory to the commission of, or conspire to commit a misdemeanor offense prohibited by this Code shall be subject to the penalties set forth in § 1-9 of the Code.
(B) Every person concerned in the commission of an offense, whether he or she directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission, shall be punished as if he or she had directly committed such offense.
Statutory reference: Conspiracy, see MCL 750.157a Aiding and abetting, see MCL 767.39.
SECTION 6. Section 1-9(C) of the Code of Ordinances is amended to include the following changes to the table of offenses:
35-6 , 35-39 , 35-67 (C)(5), (7), (8), (9), 35-67(C)(11) (first offense Offenses and only), 35-67 (D)(4), (6), (7), (12), 35-67 (D)(8) (first offense 35 Miscellaneous only), 35-67 (D)(14) (first offense only), 35-68 , 35-81, 35-94(A) Provisions (first offense only), 35-95
SECTION 7. Section 1-26(B) of the Code of Ordinances is amended to include the following new language in the schedule of offenses:
Offenses and Miscellaneous 35-94(A) First Offense: $500 but reduced to $50 if the Provisions offender completes the approved health program; subsequent violations are misdemeanors
Offenses and Miscellaneous 35-95 $500 but reduced to $50 if the offender completes Provisions the approved health program
SECTION 8. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect.
Regular City Council Meeting Tuesday, February 17, 2015 Page 19
SECTION 9. 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 3rd day of February, 2015, and was duly adopted at a meeting of the City Council of the City of Sterling Heights on the 17th day of February, 2015.
______MICHAEL C. TAYLOR, Mayor
______MARK CARUFEL, City Clerk
INTRODUCED: 02-03-15 ADOPTED: 02-17-15 PUBLISHED: 02-22-15 EFFECTIVE: 02-22-15
Yes: All. The motion carried.
CONSENT AGENDA
6. Ms. Jackie Ryan spoke about item C regarding the $162,000 grant at Beaver Creek
Park. She stated that she thinks it is a large amount of money for one structure for one
park. She spoke about item D regarding the $116,800 for professional consultant
services for Parks and Recreation and land use. She stated that she thinks large
expenditures should be moved to the Consideration portion of the agenda and not
placed under the Consent Agenda.
Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda:
A. To approve the minutes of the Special Meeting of January 27, 2015 and the Regular
Meeting of February 3, 2015, as presented.
Regular City Council Meeting Tuesday, February 17, 2015 Page 20
B. To approve payment of the bills as presented: General Fund - $418,355.59, Water &
Sewer Fund - $1,152,955.15, Other Funds - $572,708.88, Total Checks - $2,144,019.62.
C. RESOLVED, to purchase a play structure, accessories, site amenities, and installation and
removal services, from Game Time, 150 Playcore Drive SE, Fort Payne, Alabama 35967
through pricing available through a U.S. Communities Government Purchasing Alliance
cooperative bid, Contract #1101179, in the cumulative amount of $162,991.47.
D. RESOLVED, to accept the proposal by Wade Trim Associates, Inc., 500 Griswold Avenue,
Suite 2500, Detroit, MI 48226 for professional consultant services to update the City’s
Master Land Use and Parks & Recreation Plans at a cost of $116,800 and authorize a
budget amendment from General Fund reserves in the amount of $66,800.
E. RESOLVED, to direct the City Attorney to prepare the necessary agreement to vacate a
portion of the existing water main easement for the proposed Kroger Building Addition,
Section 2, PSP14-0036, and the Mayor and City Clerk are hereby authorized to sign the
agreement on behalf of the City; And, that City Council indicates no objection to the issuance
of a building permit for the Kroger Building Addition, Section 2, PSP14-0036, subject to the
following:
1. That site plans and building plans be approved by the Administration prior to
issuance of a building permit;
2. That the Applicant pay all costs incurred by the City in the preparation of the
easement vacation document(s), including attorney fees; and
3. That Applicant agrees in writing to indemnify and hold the City, its officers and
employees, harmless from all damages to persons or property arising from
Regular City Council Meeting Tuesday, February 17, 2015 Page 21
construction activities in the existing easement prior to completion of the vacation
process.
Yes: All. The motion carried.
CONSIDERATION
7. Moved by Romano, seconded by Ziarko, RESOLVED, to nominate Kathryn Jiles for
consideration as an appointee to the Board of Ordinance Appeals – Panel I at the March 3,
2015 regular City Council meeting.
Councilman Romano stated that he spoke to Ms. Jiles who has been around the city for 7 years,
she is an attorney and her appointment will be very advantageous for the board and that she
will do a good job.
Yes: All. The motion carried.
8. Mr. Matt Moore, co-owner of Johnny Black’s Public House, stated that he and his partner, Mr.
Deni Bozinovski, are requesting a Class C liquor license from the City’s available quota
licenses.. He stated that he and his partner are lifelong residents of Sterling Heights and that
they are proud and excited to be doing business in their home town. He stated that they
purchased the old Big Boy restaurant at 15 Mile and Moravian. He stated that they have made
plans to rehabilitate the building and open as Johnny Black’s Public House. He reported that
Johnny Black’s Public House is a full-service restaurant and bar that will serve steaks, seafood,
pasta, and signature burgers and sandwiches. He stated that they own three other successful
restaurant businesses located in Lake Orion, Harrison Township, and Rochester Hills. He
stated that they are excited to do business and bring their experience to their hometown. Mr.
Deni Bozinovski showed a Powerpoint presentation that showed some of the remodeling
Regular City Council Meeting Tuesday, February 17, 2015 Page 22
pictures and plans. He stated that the Sterling Heights location will have similar design and
décor as the Rochester Hills location.
Moved by Skrzyniarz, seconded by Ziarko, RESOLVED, that the request for approval of a
new Class C liquor license with Dance - Entertainment Permit, SDM license, and Sunday Sales
(AM) permit located at 35000 Moravian, Sterling Heights, MI 48312, Macomb County, to M
& D Moravian, LLC, be considered for approval.
Councilman Skrzyniarz stated that he lives adjacent to the area where the restaurant exists. He
stated that he’s excited for the new restaurant in his neighborhood. He stated that there is a
lack of establishments in that area and looks forward to taking his family there. He asked if the
patio is facing Moravian. The applicants answered that the patio is facing Moravian.
Councilman Skrzyniarz stated he was concerned that it might be facing the neighborhood
where it could be problematic, but it is not. He stated that he is excited to support this action.
Councilwoman Ziarko spoke about the fact that the applicants are asking for a quota license.
She stated that if the restaurant closes within five years, the city gets the license back. She
asked what the ratio of bar stools compared to table and booth seating. Mr. Bozinovski
responded that there are roughly 85 low top seats plus 115 high top seats and the capacity for
the patio is around 60-70 seats. Councilwoman Ziarko asked if the petitioners would be on-site
as the manager or if there would be a general manager. Mr. Bozinovski answered that there
will be a general manager on location, however, when they open a restaurant, both owners are
there extensively for the first year for between 70-80 hours per week each to get the restaurant
up and running.
Councilwoman Ziarko wished the applicants luck.
Regular City Council Meeting Tuesday, February 17, 2015 Page 23
Councilwoman Schmidt had concerns regarding the patio due to the residential neighborhoods
being so close. She asked the petitioners about a patio covering. They stated that there would
be garage doors that would be open in the summer. Councilwoman Schmidt stated that she is
concerned about loud music playing out into the neighborhoods. Mr. Bozinovski responded
that they have letters from the mayors of Lake Orion and Harrison Township stating that they
have no issues with the residential neighbors regarding noise. Councilwoman Schmidt also
asked if the small building out back will be taken down. Mr. Bozinovski stated that they will
be keeping the building for storage, but they will be making it aesthetically pleasing.
Councilwoman Koski asked where the dancing will take place. Mr. Moore responded that they
want the entertainment license for special holiday events and that there is a 12x12 ft. area
where dining furniture can be moved for dancing. Councilwoman Koski was concerned about
the number of restrooms compared to the capacity of the patrons. Mr. Bozinovski stated that
there are two stalls in the women’s room and one stall and two urinals in the men’s room. He
reported that they have the same setup in Rochester Hills and have never had a problem with
the restroom. Councilwoman Koski asked if there would be landscaping between the patio and
the road. The petitioners confirmed there will be landscaping. Councilwoman Koski wished
them well.
Councilman Romano asked about the parking capacity compared to the restaurant capacity.
They stated that they have no parking issues with their other locations. Councilman Romano
asked about where a band would play. Mr. Moore stated that if a band is playing in the
restaurant, it would only be roughly once a year and in that case the patio doors would be
closed so as not to cause a noise disturbance for the neighborhood. Councilman Romano
Regular City Council Meeting Tuesday, February 17, 2015 Page 24
stated that he has concerns regarding possible neighbor complaints due to noise, however, he
thinks it’s great that they are moving into the long-time vacant building to bring business into
the City.
Councilman Shannon stated that he is in support of the restaurant, that it is a unique idea, and
that he is excited about the restaurant moving in. He stated that he likes the menu and the
prices are affordable. He said that he is comfortable because they have experience in the
restaurant business and because the police department sent their approval.
Mayor Taylor asked if the restaurant capacity was different than when Big Boy was housed at
that location. Mr. Bozinovski stated that it was 217. Mayor Taylor stated that if the parking
and facilities would hold then it should be fine. He stated that the city doesn’t give out many
quota liquor licenses so any applicants for a quota license need to show a serious commitment
to the city and a serious investment in the property. He said he believes Mr. Moore and Mr.
Bozinovski have met that criteria.
Yes: All. The motion carried.
COMMUNICATIONS FROM CITIZENS
Mr. Mike Lombardini wished Jeff Norgrove a speedy recovery from his surgery to remove
bullets and shrapnel from when he served in Afghanistan. He stated that he is grateful for the
men and women in the US armed forces who have served this country in our time of need.
Ms. Linda Godfrey congratulated the newly sworn-in police officers and the police officers to
be sworn in at future meetings. She thanked DPW for their hard work in removing snow. She
Regular City Council Meeting Tuesday, February 17, 2015 Page 25
gave condolences to Jackie Ryan and her family on the passing of her mother. She expressed
concerns over the new logo and spending.
Ms. Jazmine Early spoke about the City logo, spending, the athletic building, and roads.
Mr. Albert Rucelli spoke about residential driveways being blocked by snow after the streets
are plowed.
Ms. Jackie Ryan spoke about smart meters, Mayor Taylor’s comments at the last Council
meeting, and spending.
Ms. Dolores Hanton spoke about spending, the City logo, the Farmer’s Market, dog park,
parking lot reconstruction, and roads.
Mr. Charles Jefferson spoke about the Parks and Recreation consultant on the consent agenda,
Mayor Taylor’s actions at a board meeting, concessions for Sterling Heights business
employees who live in Sterling Heights, and snow plowing in the city.
Mr. Michael Radke from Shelby Township commended City Council for their forward
thinking. He stated that Sterling Heights is a family friendly environment where people want
to spend their money.
Mr. Harry Marchlones spoke about positive opinions of Sterling Heights, snow plowing of city
streets, and residents speaking at the City Council meetings.
Mr. Joel Thomas wished Jeff Norgrove speedy recovery. He also spoke about spending, the
City logo, the dog park, and the new website.
Ms. Verna Babula spoke about smart meters.
Regular City Council Meeting Tuesday, February 17, 2015 Page 26
Mr. Paul Miseveth spoke about the quick response he received by Officers Josh Lucas and Neil
Wahnefried for an emergency and commended the Sterling Heights Police Department for
their great service.
REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL
Mr. Vanderpool responded to the questions regarding spending and the city’s plan for the
future. He stated that every five years the city goes through a vision process to discuss growth
for the city. He stated that the Visioning 2030 planning was very transparent having open
meetings, online surveys, etc. He stated that the short term actions would be branding and
marketing the 2030 Vision. He reported that the contract with the logo firm was $7,500. He
stated that the 2030 Vision includes a Parks and Recreation Master Plan. He reported that it is
required for municipalities to have a Parks and Recreation plan in order to secure funds from
the State. He stated the importance of planning for the future of Sterling Heights.
Councilman Romano read a proposed prepared statement he would like sent to Attorney
General, Bill Schuette, regarding smart meters. “For the last three years, this City Council has
listened to the concerns of a passionate group of residents and non-residents who are
vehemently opposed to smart meters on grounds of health, safety, privacy, and cost. These
concerns did not fall on deaf ears. After months of citizen comment, this City Council adopted
a moratorium on the installation of smart meters until an opt-out program was available to our
residents. This moratorium, in conjunction with those adopted by many other municipalities,
moved the MPSC to open a case that produced an opt-out program. In 2014, those opposed to
smart meters, again, addressed this City Council with objections to the MPSC’s opt-out
program. (We didn’t like that there was going to be a cost involved and there was still going to
Regular City Council Meeting Tuesday, February 17, 2015 Page 27
be a meter on our houses.) In response, our city manager and the administration drafted and
sent out correspondence to our Michigan legislators seeking support for House and Senate bills
that would afford residents the option of keeping the existing analog meters. They also
identified and communicated opportunities for our residents to express that concern over smart
meters to those in Lansing who have the power to make those changes. Most recently, the city
worked with Representative Henry Yanez to arrange a February 13th forum in Sterling Heights
at the Library on the status of smart meters that included a representative, only by phone, of the
MPSC. There were over 100 people in attendance. Adopting an ordinance banning smart
meters has substantial risk for the city. If, as evidence seems to suggest, the city does not have
the authority to overrule the MPSC and regulate public utilities. The taxpayers of this city will
pay a heavy price in terms of defending the lawsuits that such an ordinance would generate.
For myself, this is a financial risk to the city that I can’t and will not accept. For this reason,
unless there is an objection from my colleagues tonight, I’m asking city administration to
research and prepare a resolution for city action on the March 3rd regular meeting that seeks an
opinion from the office of the Attorney General on the question of whether a municipality has
the power to regulate smart meters. I have no doubt that those who oppose smart meters will
continue to demand action by the City Council. I don’t think we can go any higher than the
Attorney General of the State of Michigan. This is their right to oppose it, but this right must
be balanced against what is in the best interest of the city.”
Mayor Taylor asked if there were any objections to city administration preparing a smart meter
resolution.
Regular City Council Meeting Tuesday, February 17, 2015 Page 28
Councilwoman Ziarko stated that she doesn’t have any concerns, but asked if it was going to
be a resolution or a formal letter.
Mayor Taylor responded that in order to ask the Attorney General to give an opinion, there
needs to be a formal request given from a State legislator. He stated that the city has reached
out to Representative Yanez who has agreed that if we take some formal action either tonight
or at the next City Council meeting asking for him to request an Attorney General’s opinion, he
will then do so. He specified that it needs to be in the form of a resolution.
Councilman Skrzyniarz wished Mr. Norgrove a speedy recovery. He thanked Councilman
Romano and Mayor Taylor for their help and support to help the residents with the smart meter
issue. He reported that the resident feedback he hears most is that the city should be run like a
business. He stated that it has been a pleasure to witness how the city is run under Mr.
Vanderpool‘s leadership as the city of Sterling Heights is run like a business.
Councilwoman Ziarko requested that Mr. Vanderpool provide the initial paperwork for the
2030 Vision approved in 2014. She asked for an explanation of the cost of the logo regarding
changing the carpets, police cars, etc. She responded to Ms. Godfrey’s question stating that the
logo was in a confidential packet to be unveiled at a later time to the residents, not as a secret
from the residents. She stated that she has spoken to people who like the smart meters. She
stated that the millage money will not be used to fix Van Dyke, as Van Dyke is a state road.
She asked Mr. Bahorski if in the future we can tie in the return of a liquor license with the
increase in quota licenses based on the next census.
Regular City Council Meeting Tuesday, February 17, 2015 Page 29
Mayor Taylor responded to Ms. Godfrey’s comment about hiring 200 police officers instead of
spending money on a logo. He stated that hiring 200 police officers would cost over $30
million. He stated that we are not spending $30 million on a logo.
Mr. Vanderpool responded that there was no cost in updating letterhead. He stated that we
have an in-house sign shop at DPW, so there is no added cost to updating signs, and we do all
of our vehicle logos in-house. He stated that most effective way to roll out a new logo and
slogan is by updating our website. He reported that residents and businesses have been
complaining about the outdated website that we have had for ten years. He stated that a
website is the most visited place in an organization, so while we go through the process of
updating the website, there is no cost involved in updating the logo. He stated that there is a
justified desire to account for the 2.5 mils in a transparent way. He reported that
administration has assured City Council that they will continue to do that. He stated that there
is no requirement that there be a separate fund because we have an audit every year which
accounts for all of the city’s spending and because 1.7 mils from the Safe Streets millage for
police and fire, was to save 70 police and firefighter positions.
Councilwoman Koski stated that she agrees with Mr. Vanderpool about the need for the city to
plan. She asked Mr. Vanderpool if the city could work with the County senior services
program for snow removal. She also asked if there was any way to obtain funds through
CDBG to set aside for senior assistance programs regarding snow removal.
Mr. Vanderpool responded that utilizing volunteers for snow removal is a good idea. He stated
that funding from CDBG to plow sidewalks or driveways would have to be low to moderate
income individuals and we would have to verify those income thresholds.
Regular City Council Meeting Tuesday, February 17, 2015 Page 30
Mayor Taylor responded to Mr. Thomas’s comment regarding the Van Dyke road project. The
project is $40 million dollars and the city’s portion is $3 million. He stated that it is based on a
statutory formula and the city has no control over it. He stated that MDOT, the Michigan
Department of Transportation, sets these projects many years in advance and they will say
where they want to spend the State’s money on state roads. He stated that Van Dyke is a state
and county road so MDOT has jurisdiction to do that work. He stated that the State decides
they are going to fund the reconstruction of Van Dyke and tells the city how much it is going to
pay and we have no say in it.
UNFINISHED BUSINESS
There was no Unfinished Business discussed.
NEW BUSINESS
There was no New Business.
ADJOURN
Moved by Ziarko, seconded by Romano, to adjourn the meeting.
Yes: All. The motion carried.
The meeting was adjourned at 9:59 p.m.
MARK CARUFEL, City Clerk