Regular Meeting of the Howell City Council Monday January 26, 2015 Bennett Recreation Center 925 W. Grand River Howell, Michigan 48843 517-546-3502 1. The regular meeting of the Howell City Council was called to order by Mayor Phillip Campbell at 7:00 p.m. Council Members Present: Jeff Hansen, Doug Heins, Steven Manor, Nick Proctor, Al Schlittler & Mayor Phillip Campbell. Council Member Absent: Scott Niblock Also Present: City Manager Shea Charles, City Attorney Dennis Perkins and City Clerk Jane Cartwright. Others in Attendance: Police Chief George Basar, Finance Director/Treasurer Catherine Stanislawski, DPS Director Erv Suida, DPW Superintendent Marcel Goch, Community Development Director Tim Schmitt, Robert Ellis, Carolyn Pybus, Kevin Pybus, Sam Sanfilippo, Valerie Sanfilippo, Tina Dildine, Jan Lobur, John Lobur, Kevin Doak, Michael Mulvahill, Denise Pollicella, Kle Sparks, Clarence Sanfilippo, Cookie Sanfilippo. 2. PLEDGE OF ALLEGIANCE 3. APPROVED MINUTES: regular City Council meeting held January 12, 2015. MOTION CARRIED (6-0). executive session held January 12, 2015. MOTION work session held January 17, 2015. MOTION 4. CITIZENS COMMENTS None. 5. REPORTS COUNCIL MEMBERS SERVING ON COMMISSIONS Member Heins reported on the January 20, 2015 Howell Area Parks & Recreation Authority meeting. He wasn t able to attend however the board
HOWELL CITY COUNCIL MTG. MINUTES - 2 - JANUARY 26, 2015 approved opting out of PA 152; staff is also reviewing insurance options to present at the next meeting. 6. COUNCIL CORRESPONDENCE Livingston County Board of Commissioners, Fillmore County Park. City Manager Charles reported that Livingston County was not successful in being awarded the MDNR Trust Fund grant for the Fillmore County Park however they are asking the City to reaffirm their previous commitment of $2,000 for a new grant opportunity with the Community Foundation for Southeast Michigan (CFSEM). MOTION by Manor, SUPPORT by Schlittler, To approve the request from the Livingston County Board of Commissioners to shift the previous commitment in the amount of $2,000 to the new grant application for the Fillmore County Park. MOTION 7. APPROVED CIVIC EVENT APPLICATION, PINK PARTY, JUNE 11, 2015 MOTION by Heins, SUPPORT by Proctor, To approve the Civic Event application for the Pink Party scheduled for June 11, 2015 incorporating staff comments and contingent upon payment of special event insurance coverage. City Manager Charles noted the application includes the request to hang pink ribbons on the light posts on Memorial Day at 6:00 p.m. MOTION CARRIED (6-0). 8. APPROVED EXTENSION OF MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES City Manager Charles reported that the original moratorium was enacted in March of 2014 with 2 subsequent extensions through January 30, 2015. The State Legislature took no action regarding regulation of dispensaries during the lame duck session. Staff is hearing that potential legislation will be reintroduced and recommends an additional extension through July 30, 2015. Staff believes that the draft ordinance does comply with case law however it is unknown what the finalized version of state law will be. Denise Pollicella, 4350 E. Grand River, stated that she doesn t believe there will be any legislative action within the next 6 months however encouraged the City to consider allowing Medical Marijuana patient facilities according to current state law which provides alternative therapy for patients that need it in their home County. Kevin Pybus, 2279 Sundance Ridge, advocated compassionate care for patients, giving them a safe environment to get alternative medication. Carolyn Pybus, 2279 Sundance Ridge, described the benefit of medical marijuana to her late husband while receiving dialysis; it is not about recreation use, it is about patient comfort. Kevin Doak, 751 S. Walnut, asked the Council to consider 2 main points; serving the residents and complying with federal law. He stated there are delivery services that service Howell and under federal law the use of marijuana is illegal. Valerie Sanfilippo, 7198 Sheridan-Flushing, stated her father used medical marijuana, and the local dispensaries provided a safe place to get the medication he needed; some people are not able to drive to other areas. Clarence Sanfilippo, 2929 Cedar Lake
HOWELL CITY COUNCIL MTG. MINUTES - 3 - JANUARY 26, 2015 (Vietnam Veteran), promoted the benefits of the medication for his sleep disorder, noting he is not an advocate for recreational marijuana. Holly Heikkinen, 4195 Sundance Meadows, indicated that medical marijuana was legalized for a reason and suggested the City set some parameters and provide oversight to make sure the medicine is regulated. Jan Lobur, 232 E. Calendonia, indicated she sees both sides however works with at-risk students at Howell High School and they now think that the use of marijuana is okay. Kle Sparks, 5877 Dutcher Road, stated they are not asking for the advice of teenagers, this is a medicine; they are not talking about the recreational use of drugs. Denise Pollicella reaffirmed that medical marijuana is already legal in Michigan and Federal law does not occupy. MOTION by Heins, SUPPORT by Schlittler, To extend the moratorium on medical marijuana dispensaries to March 30, 2015 and direct staff to bring back an ordinance for adoption by the end of March. Discussion followed on the lack of regulations in the surrounding areas and the City s opportunity to set their own rules. City Attorney Perkins indicated that the Supreme Court doesn t force the City to allow dispensaries and currently there is no ordinance in the City that allows it however cautioned against the moratorium continuing for an indefinite period of time. Discussion followed on the regulation of businesses. MOTION 9. APPROVED ENGINEERING SERVICES PROPOSAL, CHEMICAL FEED MODIFICATION DPS Director Suida presented the proposal to convert the current Sulfuric Acid treatment of ph to Carbon Dioxide (CO 2 ). MOTION by Manor, SUPPORT by Heins, To accept the proposal from HRC to perform a ph Modification Study for an amount not to exceed $4,500. Member Proctor questioned the expense of performing a study and suggested requesting a cost estimate from a vendor for the work. DPS Director Suida indicated changing the process would require a permit from MDEQ and the study has to be provided as part of the permit application. The study will determine if the process is feasible; staff wants the best solution for the water plant. MOTION CARRIED (5-1). Member Proctor opposed. 10. DISCUSSED PROPOSAL FOR MASTER PLAN SUB-AREA PLANS MOTION by Manor, SUPPORT by Hansen, To approve Carlisle Wortman & Associates December 22, 2014 Sub-Area Proposal for a cost not to exceed $27,500. City Manager Charles stated this proposal incorporates the previously approved amount of $15,000; the additional amount of $12,500 will study and set long term visions for the small areas including E. Grand River Corridor, South Michigan between the railroad tracks and downtown, Loop Road area, Northeast area, and West Grand River. Discussion followed on the original proposal, the use of a Transportation Consultant, and the cost savings to include these areas as part of the Master Plan process. A roll call vote was taken. Manor yes, Proctor yes, Hansen yes, Heins no, Schlittler no, Campbell no. MOTION FAILED (3-3).
HOWELL CITY COUNCIL MTG. MINUTES - 4 - JANUARY 26, 2015 11. APPROVED RESOLUTION NO. 15-01, BUDGET AMENDMENTS MOTION by Heins, SUPPORT by Manor, To adopt Resolution No. 15-01, Budget Amendments. MOTION 12. APPROVED RESTORATION OF CITY HALL BASEMENT Council reviewed staff s recommendation on the bidding process to insure compliance with the approved scope of work. It was suggested that a local contractor could complete the project under budget. City Manager Charles noted that anything saved must be returned to the insurance liability pool. MOTION by Manor, SUPPORT by Hansen, To direct the City Manager to implement the recommendation on seeking sealed bids with alternate bids on the ceiling tile and council bench per the January 22, 2015 memorandum. A roll call vote was taken. Proctor yes, Hansen yes, Heins no, Schlittler no, Manor yes, Campbell no. MOTION FAILED (3-3). Discussion followed on the advantages of proceeding with the restoration. MOTION by Manor, SUPPORT by Hansen, To award the City Hall restoration bid to Servpro without the additional items. MOTION CARRIED (5-1). Member Schlittler opposed. 13. APPROVED PAYMENT OF BILLS MOTION by Hansen, SUPPORT by Proctor, To approve payment of bills ending January 26, 2015 in the amount of $451,096.77 and payroll to cover the period which ended January 24, 2015. Member Heins questioned the Carlisle Wortman billings for the interim zoning administrator work indicating that the City was overbilled and the contract extended beyond the approved duration. MOTION CARRIED (5-1). Member Heins opposed. City Manager Charles stated he will follow up on the concerns presented. 14. CITY MANAGER S REPORT Retreat Wrap-up. Staff will develop time lines and incorporate the tasks into the 2015/2016 budget. Mayor Campbell commended the City Manager on the retreat process stating it was productive and well done. Pursuant to the concerns raised by a previous owner, notices were sent to all owners within the Brandon Chase complex regarding finished basements. Attorney Perkins is working on a response to the complainant. The City was contacted by the owner of Howell Estates, currently in bankruptcy. They will remove the unsafe structures as soon as possible. If they do not follow through, staff will proceed with the lawsuit. 15. OLD BUSINESS: Member Heins questioned updates to the City s FOIA policy. City Manager Charles indicated the new law will be effective July 1, 2015. Staff will attend upcoming trainings to prepare for the new regulations. Member Heins questioned the County sidewalk waiver. City Manager Charles stated it would be on the February 9, 2015 agenda.
HOWELL CITY COUNCIL MTG. MINUTES - 5 - JANUARY 26, 2015 DPS Director Suida requested that Council reconsider the action to allow the ribbons for the Pink Party to be posted on Memorial Day. He stated that as a Veteran, he preferred that the pink ribbons go up after Memorial Day. MOTION by Manor, SUPPORT by Heins, To reconsider business item #7. MOTION MOTION by Heins, SUPPORT by Proctor, To authorize pink ribbons to be posted on light posts starting May 26, 2015. MOTION 16. NEW BUSINESS MOTION by Heins, SUPPORT by Schlittler, To excuse member Scott Niblock from the January 26, 2015 meeting due to employment. MOTION 17. EXECUTIVE SESSION PENDING LITIGATION 8:40 p.m. MOTION by Heins, SUPPORT by Schlittler, To adjourn to executive session to discuss pending litigation with a roll call vote. Hansen yes, Heins yes, Schlittler yes, Manor yes, Proctor yes, Campbell yes. MOTION 8:47 p.m. MOTION by Hanen, SUPPORT by Heins, To reconvene the regular meeting. MOTION MOTION by Hansen, SUPPORT by Proctor, To approve the Stipulation for Entry of Consent Judgment and Consent Judgment in the case of DB Development, MTT Docket No. 45395, for the 2013 tax year for a True Cash Value of $700,000, and Assessed/Taxable Value of $350,000. MOTION 18. ADJOURN MOTION by Hansen, SUPPORT by Proctor, To adjourn the regular meeting of the City Council at 8:47 p.m. MOTION Phillip Campbell, Mayor Jane Cartwright, City Clerk