City of Utica Regular Council Meeting Members present: Sikora, Osladil, Terenzi, Cuddington, Sylvester, Dionne Absent: Czapski The City Council meeting was called to order by Mayor Dionne, Ken Sikora led the pledge of allegiance at 7:30 p.m. Minutes of 11/13/18 Motion by Osladil, seconded by Sikora, to approve the minutes of 11/13/18. Voting by roll all ayes, Public Comments for Items Listed on the Agenda Unfinished Business Consent Business Correspondence Motion by Sikora, seconded by Osladil, to receive and file the correspondence from: Rob & Judy Urbin thank you, Eppler Jr. High School thank you. Voting by roll, all ayes, Property Split Request Thomas Dombroski, owner, was present to request a property split from parcel 10-03- 101-018 to 10-03-101-019 of 8 feet, to correct the garage setback and enable the sale of the vacant parcel. The City planners stated both properties would conform with the zoning ordinance. Motion by Terenzi, seconded by Sylvester to approve the property split of 10-03-101-018, 8ft. of north side to 10-03-101-019. Voting by roll, all ayes, motion New Business Department Reports Mayor Dionne Recreational Marihuana Opt Out Discussion was held on prohibit marihuana establishments within the City. Motion by Dionne, seconded by Sylvester, to have the City Attorney draft an ordinance for the City to opt-out allowing marihuana establishments for the January meeting. Voting by roll, all ayes,
Page 2 of 5 Public Hearings 44115 Van Dyke Setback Variance Requests Motion by Sikora, seconded by Terenzi, to open the public hearing at 7:45 p.m. Voting by roll, all ayes, Lek Filipaj, owner and Ilia Marko, architect, were present to request setback variances as the building is disrepair. Due to the property being partially in the flood plain and the expense of moving the access drive, they would like to rebuild using the existing foundation. The building is currently non-conforming, the variances would allow them to rebuild using the same foot print. The Planning Commission and City Planners recommend approval. No public comments were made or received. Motion by Sikora, seconded by Cuddington, to recommend approval of the threedimensional variances, a variance to the rear yard setback of 27.8 ft from the required 30 ft., front yard setback of 16 ft. from the required 25 ft. and south side yard setback of 10.6 ft. from the required 15 ft. for 44115 Van Dyke. Voting by roll, all ayes, motion PUD Ordinance Adoption John Culcassi, City Planner explained the Planned Unit Development Ordinance. The Planning Commission and City Planners recommend approval. As there were no other public comments, motion by Sikora, seconded by Osladil, to close the public hearings at 8:05 p.m. Motion by Sikora, seconded by Terenzi, to approve the Planned Unit Development (PUD) Ordinance, as presented. Voting by roll, all ayes, Mayor Dionne Continued Code Enforcement Request Mayor Dionne requested to increase code enforcement hours to 20 per week. Discussion was held on effects to budget as this is not revenue generating and no figures were given on budget changes. Motion by Osladil, seconded by Terenzi, to table the code enforcement hours increase request. Voting by roll, all ayes, General Sports Land Purchase Request Linda McGrail-Belau, City Attorney, explained the vacant land purchase request form General Sports regarding parcels 07-33-485-001 thru 07-33-485-020, as they have an option to purchase in the original lease agreement. The property appraisal is $90,000, they are offering 102,500.00, closing and other costs paid by GSE. Motion by Sikora, seconded by Sylvester, to approve the sale of parcels 07-33-485-001 thru 07-33-485-020 to General Sports Entertainment with closing and associated costs paid by GSE, contingent on the Downton Development Authority approving the sale, sale price $102,500.00. Voting by roll, all ayes, Mayor Dionne reminded and invited all to the newly elected official swearing in on Tuesday, December 18 at 7:00 p.m. Also, thanks and recognition were given to Councilman Osladil for his years of service.
Page 3 of 5 Council Reports Councilman Sylvester reported that the tree lighting was a nice event and he likes the size, would not want it any bigger. Assessing- Thomas Agrusa, Assessor Building- Jerry Hicks Fire- Kevin Wilseck, Chief Furnace Replacement Request The building authority approved replacement of inoperable furnace. No action necessary. Mayor Dionne and Chief Wilseck thanked all who helped with the stuff an ambulance Christmas toy donation which went to the American Legion Veterans for distribution. Police- Sean Coady, Chief Chief Coady informed all of Operation Blue Light; extra police patrols and traffic enforcement through the holidays. A thank you was given to the resident who donated a metal detector, who was this person? DPW- Bill Lang, Superintendent Absent, no report. Treasurer- Philip Paternoster Uncollectible Account Receivables Motion by Sikora, seconded by Dionne, to approve uncollectable accounts as follows in the amounts of: $51034.68 OWI billings, $8138.03 Fire Dept., $150.00 Police false alarm. Voting by roll, all ayes, Utica Community Schools Tax Collection Requests Motion by Sikora, seconded by Osaldil, to approve the request to collect 2019 taxes for Utica Community Schools and Macomb Community College. Voting by roll, all ayes, Administration- Beth Ricketts, City Clerk Records Retention Request Motion by Terenzi, seconded by Sylvester, to approve the record retention request, adopting the State of MI General Retention Schedule #26 Local Government Human Resources. Voting by roll, all ayes,
Page 4 of 5 Calendar of Meetings & Office Closings Motion by Sikora, seconded by Terenzi, to approve the Council calendar of meetings and the Administration office closed dates for 2019. Voting by roll, all ayes, motion Website Business Promotional Fees Beth Ricketts, City Clerk, stated that there have been many requests for businesses to advertise on our website. The request is to create a specific page for business advertisement with a yearly fee. Motion by Sikora, seconded by Terenzi, to adopt the fee of $40.00 for a new business and a $20.00 renewal fee, paid annually for registration on the City s website. Voting by roll, all ayes, Library- Marsha Doege, Director Absent, no report. Downtown Development Authority Parks and Recreation Commission Historic District Commission City Attorney- Linda McGrail Belau Planning Commission The Park & Recreation Master Plan update is on the website, at City Hall & the Library for review by the public. Senior Housing Steering Committee No Smoking Policy Request Phil Paternoster, Committee member, informed Council that a no smoking policy should be implemented at Riverside 175, senior housing apartments. Bills Payable Motion by Sikora, seconded by Terenzi, to approve the payment of all bills as presented. Voting by roll, all ayes, Communication from the Public
Page 5 of 5 Adjournment As there were no further comments from the public, motion by Osladil, seconded by Terenzi, to adjourn the meeting. Voting by roll, all ayes, Meeting adjourned at 8:58 p.m. Beth Ricketts CITY OF UTICA City Clerk
City of Utica Regular Council Meeting Members present: Sikora, Osladil, Terenzi, Cuddington, Sylvester, Dionne Absent: Czapski The City Council meeting was called to order by Mayor Dionne, Ken Sikora led the pledge of allegiance at 7:30 p.m. Minutes of 11/13/18 Motion by Osladil, seconded by Sikora, to approve the minutes of 11/13/18. Voting by roll all ayes, Public Comments for Items Listed on the Agenda Unfinished Business Consent Business Correspondence Motion by Sikora, seconded by Osladil, to receive and file the correspondence from: Rob & Judy Urbin thank you, Eppler Jr. High School thank you. Voting by roll, all ayes, Property Split Request Thomas Dombroski, owner, was present to request a property split from parcel 10-03- 101-018 to 10-03-101-019 of 8 feet, to correct the garage setback and enable the sale of the vacant parcel. The City planners stated both properties would conform with the zoning ordinance. Motion by Terenzi, seconded by Sylvester to approve the property split of 10-03-101-018, 8ft. of north side to 10-03-101-019. Voting by roll, all ayes, motion New Business Department Reports Mayor Dionne Recreational Marihuana Opt Out Discussion was held on prohibit marihuana establishments within the City. Motion by Dionne, seconded by Sylvester, to have the City Attorney draft an ordinance for the City to opt-out allowing marihuana establishments for the January meeting. Voting by roll, all ayes,
Page 2 of 5 Public Hearings 44115 Van Dyke Setback Variance Requests Motion by Sikora, seconded by Terenzi, to open the public hearing at 7:45 p.m. Voting by roll, all ayes, Lek Filipaj, owner and Ilia Marko, architect, were present to request setback variances as the building is disrepair. Due to the property being partially in the flood plain and the expense of moving the access drive, they would like to rebuild using the existing foundation. The building is currently non-conforming, the variances would allow them to rebuild using the same foot print. The Planning Commission and City Planners recommend approval. No public comments were made or received. Motion by Sikora, seconded by Cuddington, to recommend approval of the threedimensional variances, a variance to the rear yard setback of 27.8 ft from the required 30 ft., front yard setback of 16 ft. from the required 25 ft. and south side yard setback of 10.6 ft. from the required 15 ft. for 44115 Van Dyke. Voting by roll, all ayes, motion PUD Ordinance Adoption John Culcassi, City Planner explained the Planned Unit Development Ordinance. The Planning Commission and City Planners recommend approval. As there were no other public comments, motion by Sikora, seconded by Osladil, to close the public hearings at 8:05 p.m. Motion by Sikora, seconded by Terenzi, to approve the Planned Unit Development (PUD) Ordinance, as presented. Voting by roll, all ayes, Mayor Dionne Continued Code Enforcement Request Mayor Dionne requested to increase code enforcement hours to 20 per week. Discussion was held on effects to budget as this is not revenue generating and no figures were given on budget changes. Motion by Osladil, seconded by Terenzi, to table the code enforcement hours increase request. Voting by roll, all ayes, General Sports Land Purchase Request Linda McGrail-Belau, City Attorney, explained the vacant land purchase request form General Sports regarding parcels 07-33-485-001 thru 07-33-485-020, as they have an option to purchase in the original lease agreement. The property appraisal is $90,000, they are offering 102,500.00, closing and other costs paid by GSE. Motion by Sikora, seconded by Sylvester, to approve the sale of parcels 07-33-485-001 thru 07-33-485-020 to General Sports Entertainment with closing and associated costs paid by GSE, contingent on the Downton Development Authority approving the sale, sale price $102,500.00. Voting by roll, all ayes, Mayor Dionne reminded and invited all to the newly elected official swearing in on Tuesday, December 18 at 7:00 p.m. Also, thanks and recognition were given to Councilman Osladil for his years of service.
Page 3 of 5 Council Reports Councilman Sylvester reported that the tree lighting was a nice event and he likes the size, would not want it any bigger. Assessing- Thomas Agrusa, Assessor Building- Jerry Hicks Fire- Kevin Wilseck, Chief Furnace Replacement Request The building authority approved replacement of inoperable furnace. No action necessary. Mayor Dionne and Chief Wilseck thanked all who helped with the stuff an ambulance Christmas toy donation which went to the American Legion Veterans for distribution. Police- Sean Coady, Chief Chief Coady informed all of Operation Blue Light; extra police patrols and traffic enforcement through the holidays. A thank you was given to the resident who donated a metal detector, who was this person? DPW- Bill Lang, Superintendent Absent, no report. Treasurer- Philip Paternoster Uncollectible Account Receivables Motion by Sikora, seconded by Dionne, to approve uncollectable accounts as follows in the amounts of: $51034.68 OWI billings, $8138.03 Fire Dept., $150.00 Police false alarm. Voting by roll, all ayes, Utica Community Schools Tax Collection Requests Motion by Sikora, seconded by Osaldil, to approve the request to collect 2019 taxes for Utica Community Schools and Macomb Community College. Voting by roll, all ayes, Administration- Beth Ricketts, City Clerk Records Retention Request Motion by Terenzi, seconded by Sylvester, to approve the record retention request, adopting the State of MI General Retention Schedule #26 Local Government Human Resources. Voting by roll, all ayes,
Page 4 of 5 Calendar of Meetings & Office Closings Motion by Sikora, seconded by Terenzi, to approve the Council calendar of meetings and the Administration office closed dates for 2019. Voting by roll, all ayes, motion Website Business Promotional Fees Beth Ricketts, City Clerk, stated that there have been many requests for businesses to advertise on our website. The request is to create a specific page for business advertisement with a yearly fee. Motion by Sikora, seconded by Terenzi, to adopt the fee of $40.00 for a new business and a $20.00 renewal fee, paid annually for registration on the City s website. Voting by roll, all ayes, Library- Marsha Doege, Director Absent, no report. Downtown Development Authority Parks and Recreation Commission Historic District Commission City Attorney- Linda McGrail Belau Planning Commission The Park & Recreation Master Plan update is on the website, at City Hall & the Library for review by the public. Senior Housing Steering Committee No Smoking Policy Request Phil Paternoster, Committee member, informed Council that a no smoking policy should be implemented at Riverside 175, senior housing apartments. Bills Payable Motion by Sikora, seconded by Terenzi, to approve the payment of all bills as presented. Voting by roll, all ayes, Communication from the Public
Page 5 of 5 Adjournment As there were no further comments from the public, motion by Osladil, seconded by Terenzi, to adjourn the meeting. Voting by roll, all ayes, Meeting adjourned at 8:58 p.m. Beth Ricketts CITY OF UTICA City Clerk