City Council Regular Meeting

City Council Regular Meeting Madison Heights, Michigan March 23, 2026 A City Council Regular Meeting was held on Monday, March 23, 2026 at 6:30 PM at City Hall - Council Chambers, 300 W. 13 Mile Rd. PRESENT Mayor Corey Haines Mayor Pro Tem William Mier Councilwoman Toya Aaron Councilman Sean Fleming Councilor Laurie Geralds Councilor Emily Rohrbach Councilor Quinn Wright ALSO PRESENT City Manager Melissa Marsh Assistant City Attorney Tim Burns Deputy City Clerk Phommady A. Boucher The invocation was led by Mayor Haines and the Pledge of Allegiance followed. CM-26-58. Appointment of Acting City Clerk. Motion to appoint Deputy City Clerk Boucher as the Acting City Clerk for tonight's City Council meeting. Motion made by Councilor Rohrbach, Seconded by Mayor Pro Tem Mier. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-59. Addition to the Agenda. Motion to move City Clerk - Appointments to the Zoning Board of Appeals from the Consent Agenda to Reports as item 9A. Motion made by Councilwoman Aaron, Seconded by Mayor Pro Tem Mier. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. 1 03-23-2026 MEETING OPEN TO THE PUBLIC: There were no members of the public wishing to speak. CM-26-60. Consent Agenda. Motion to approve the Consent Agenda, as amended. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Rohrbach. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-61. Director of Public Services - 2026 RCOC Summer Maintenance Agreement. Motion to approve this Agreement with the Road Commission for Oakland County and authorize the Mayor and City Clerk to sign on behalf of the City. As in years past, the RCOC is requesting that the City invoice the Road Commission for 65% of the total contract amount on September 15, 2026, and invoice the remaining 35% upon completion of the last maintenance activity. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Rohrbach. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-62. City Planner - Acceptance of Amended Planning Commission By- Laws. Motion to approve the amended Planning Commission By-Laws as presented. BY-LAWS OF THE CITY OF MADISON HEIGHTS PLANNING COMMISSION ARTICLE I – NAME AND PURPOSE The City of Madison Heights Planning Commission hereby adopts these Bylaws to comply with all applicable statutes and facilitate the performance of its duties as outlined in P.A. 33 of 2008, as amended, being the Michigan Planning Enabling Act, (MCL 125.3801 et seq.) ARTICLE II – MEMBERSHIP Section 1. Selection and Composition. The Planning Commission shall be composed of nine members. The commission shall be the mayor, an administrative official selected by the mayor and a member of the council selected by it, as members ex officio; and six members, persons who shall be appointed by the mayor and who 2 03-23-2026 shall be qualified electors of the city, who shall represent insofar as possible different professions or occupations, and who shall be approved by a majority vote of the council. The appointed members shall hold no other municipal office, except that one of the appointed members may be a member of the Zoning Board of Appeals. Section 2. Terms of office and compensation of members. The term of each of the six appointed members of the plan commission shall be for three years. The terms of ex officio members shall correspond to their respective official tenures. All members of the commission shall serve without compensation. Section 3. Removal of members and filling of vacancies. Members other than the council member selected by the council may, after a public hearing, be removed by the Mayor for insufficiency, neglect of duty, or malfeasance in office. If any member of the Planning Commission is absent from three (3) unexcused consecutive regularly scheduled meetings, then that member shall be considered delinquent. Delinquency shall be grounds for the Mayor to remove a member from the Planning Commission for neglect of duty. The council for like cause may remove the member selected by it. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired term by the mayor in the case of members selected or appointed by him and by the council in the case of the council member, in the same manner as appointed in the first instance. ARTICLE III – OFFICERS Section 1. Election of officers; powers. At the first regular meeting of each year, the members of the Planning Commission shall elect a Chairperson, Vice-Chairperson and a Secretary. The Chairperson shall preside at all meetings, appoint committees and perform such other duties as may be ordered by the planning commission. The Vice Chairperson shall act in the capacity of the Chairperson in absence of the Chairperson. In the event the office of Chairperson becomes vacant, the Vice Chairperson shall succeed to this office for the unexpired term, and the Planning Commission shall select a successor to the Vice Chairperson for the unexpired term. The Secretary shall execute documents in the name of the Planning Commission and shall perform such other duties as the Planning Commission proscribes. Ex officio members shall not serve as chairperson. ARTICLE IV - MEETINGS Section 1. Meetings; records; quorum. The business of the Planning Commission shall be conducted at a public meeting held in compliance with the Open Meetings Act. Notice of the meetings shall be given in accordance with all applicable laws. The Planning Commission may establish reasonable rules and regulations to enable an orderly meeting to minimize the possibility of disruption of the meeting. The regular planning commission meetings shall be scheduled on the third (3rd) Monday Tuesday of each month and shall hold not less than four (4) meetings a year and as many special meetings as the planning commission shall deem necessary. Special meetings may be called by the chairperson or two or more commission members upon written request to the secretary. A minimum 20 hours 3 03-23-2026 written notice is required, unless additional notice is required by law. Where a special meeting is called due to an applicant request, all costs for conducting the meeting shall be paid by the applicant prior to scheduling the meeting. The Planning Commission shall keep a public record of its resolutions, transactions, findings and determinations. Five members of the commission shall constitute a quorum for the transaction of business. Unless otherwise required by law, all actions of the commission shall be by a majority of the members present and voting. Section 2. Motions; Voting; Public Participation 1. Motions shall be restated by the Chair before a vote is taken. 2. Findings of Fact. Actions taken in an administrative capacity may include each of the following parts, if applicable. a. A finding of fact, listing what the Commission determines to be relevant facts in the case. b. Conclusions based on the facts for the Commission's action, finding compliance, or noncompliance, to standards. c. The Commission's action; recommendation or position, approval, approval with conditions, or disapproval. 3. Voting. Voting shall be by voice and shall be recorded as passing or failing. Roll call votes will be recorded only upon request by a member of the Commission and shall be recorded by "yes" or "no". Members must be present to cast a vote. Voting by proxy shall not occur. The affirmative vote of a majority of those present or a majority of a quorum, whichever is greater, shall be necessary for the adoption of motions. The affirmative vote of a majority of the total number of seats for members of the Commission, regardless if vacancies or absences exist or not, shall be necessary for the adoption, or recommendation for adoption, of any plan or amendment to a plan. 4. Commission Action. Action by the Commission on any matter on which a public hearing is required shall not be taken until the required public hearing has been concluded. 5. Parliamentary Procedure. Parliamentary procedure in Commission meetings shall be informal. However, if required to keep order, Commission meetings shall then be governed by Roberts Rules of Order for issues not specifically covered by these Bylaws. Where these Bylaws conflict, or are different than Robert’s Rules of Order, then these Bylaws control. 6. Public Participation. All regular and special meetings, hearings, records, and financial accounts shall be open to the public. 7. All public comment on all agenda items requiring a public hearing shall be presented during the public hearing for that agenda item. The Commission may direct questions to members of the public at any time. Public comment on agenda items not requiring public hearings shall be at the discretion of the chairperson. 8. The Chair may limit to 3 minutes the amount of time allowed for each person wishing to make public comment at a Commission meeting. Section 3. Conflict of Interest; Gifts Before considering an agenda item or casting a vote on a matter on which a Planning Commission member may reasonably be considered to have a conflict of interest, the member shall disclose the potential conflict of interest to the planning commission. The planning commission shall then determine by majority vote if there is a conflict of interest that warrants member disqualification 4 03-23-2026 from deliberations and voting on the matter. Failure of a member to disclose a potential conflict of interest constitutes malfeasance in office and cause for removal. A conflict of interest occurs when a planning commissioner participates in: 1. Issuing, deliberating on, voting on, or reviewing a case concerning him or her. 2. Issuing, deliberating on, voting on, or reviewing a case concerning work on land owned by him or her or which is adjoining land owned by him or her. 3. Issuing, deliberating on, voting on, or reviewing a case involving a corporation, company, partnership, or any other entity in which he or she is a part owner, or any other relationship where he or she has a pecuniary interest. 4. Issuing, deliberating on, voting on, or reviewing a case, which is an action, which results in a pecuniary impact on him or her. 5. Issuing, deliberating on, voting on, or reviewing a case concerning his or her spouse, children, stepchildren, grandchildren, parents, brothers, sisters, grandparents, parents in-law, grandparents in-law, or members of his or her household. 6. Issuing, deliberating on, voting on, or reviewing a case where his or her employee or employer is: an applicant or agent for an applicant, or has an interest in the outcome. When a conflict of interest exists, the member of the Commission, or committee, shall do all of the following immediately, upon first knowledge of the case and determining that a conflict exists: 1. Declare a conflict exists at the first meeting of the Commission where the item is on the agenda; 2. Cease to participate at the Commission meetings, or in any other manner, or represent one's self before the Commission, its staff, or others, and 3. During deliberation of the agenda item before the Commission, leave the meeting or remove one's self from the front table where members of the Commission sit, until that agenda item is concluded. The six (6) appointed members of the Planning Commission shall hold no other incompatible municipal office, except that one of the appointed members may be a member of the Zoning Board of Appeals. If an appointed member of another incompatible municipal office is appointed to the Planning Commission, the effective date of the appointment to the Planning Commission shall result in an automatic resignation from the other incompatible municipal office. If an appointed member of the Planning Commission is elected or appointed to another incompatible municipal office, the effective date of the election or appointment shall result in an automatic resignation from the Planning Commission. Gifts shall not be accepted by a member of the Commission from anyone connected with an agenda item before the Commission. As used here, gifts shall mean cash, any tangible item, or service. Section 3. Petitions; public hearing--Notification; appeal. Upon petition filed with the council, the subject matter of which is within the scope of the powers and duties of the planning commission, where such petition requires a public hearing (eg. Rezoning, plat, etc.), such petition shall be referred to the commission. The commission shall give notice of a public hearing to all persons having an interest in land within a radius of 500 feet of the area which is the subject matter of said petition; said notice is to be given at least fifteen days prior 5 03-23-2026 to the holding of the meeting, by mail, notifying such interested persons of the filing of the petition and the time and place at which the hearing is to be held. Failure to receive such notification shall in no way invalidate any action taken at such or any subsequent hearing. At such public hearing the commission shall hear all persons interested in said petition and shall thereafter hold such further hearings, as it may deem necessary. Upon the conclusion of the hearing or hearings the commission shall within a period of 30 days, submit either its approval or denial of said petition to the council and the mayor. If the petition is approved, the council shall then give notification of a public hearing in accordance with the provisions of the statutes of the state and shall, after such public hearing, either grant or deny said petition. If the commission shall recommend denial of said petition, the petitioner may request further hearing before the council and the mayor, and such hearing may be granted in the discretion of the council. ARTICLE V – POWERS AND DUTIES Section 1. Powers and duties. The general powers and duties of the planning commission shall be as as specified in the Code of Ordinances Section 2-115 and the Michigan Planning Enabling Act – PA 33 of 2008. Section 2. Annual estimate of funds required. In conjunction with the city’s annual capital improvement plan (CIP) and budget process, the planning commission shall transmit to the city manager its estimate of the funds required for its purposes for the ensuing fiscal year. For purposes of this section, the Community Development Department CIP and budget submittals shall include the planning commission’s requests, if any. Section 3. Annual report required. The planning commission shall, at the first regularly held meeting of the calendar year, make a written report to the council of the work of the commission during the preceding year. The report shall be certified by the commission and entered on record by the city clerk, and published in such manner as the council may direct. The commission shall also make such other reports as the council may, from time to time, require. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Rohrbach. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-63. CED Director - Downtown Clock Tower Component Replacement. Motion to waive the formal bidding procedures for purchase greater than $15,000 in accordance with section 2-256 of the Purchasing Ordinance and approve the MHDDA to proceed with The Verdin Company's proposal for the restoration of the clock tower at a cost of $38,298. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Rohrbach. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright 6 03-23-2026  Motion carried. CM-26-64. Director of Public Services - Replacement of Vehicle #463. Motion to approve the purchase of one 2026 Ram 1500 Tradesman pickup truck as quoted from LaFontaine Chrysler-Dodge-Jeep-Ram, of Lansing, in an amount not to exceed $45,000, through the MiDeal cooperative vehicle purchasing agreement. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Rohrbach. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-65. City Clerk - Appointments to Crime Commission. Motion to approve the appointments to the Crime Commission of Angela Shukwit as a full member with a term expiring 8/31/26 and Alexander Truran as an alternate position with a term expiring 8/31/27. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Rohrbach. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-66. City Council Regular Meeting Minutes of March 9, 2026. Motion to approve the City Council Regular Meeting minutes of March 9, 2026, as printed. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Rohrbach. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-67. City Manager - 2026 Proposal R-4 Ballot Proposal. Motion to the resolution placing Proposal R-4 on the August 4, 2026 ballot, to ensure our residential road improvements continue without interruption. RESOLUTION PROPOSING CHARTER AMENDMENT PROPOSAL City of Madison Heights County of Oakland, State of Michigan _______________________________ 7 03-23-2026  Minutes of a regular meeting of the City Council of the City of Madison Heights, County of Oakland, State of Michigan (the “City”), held on the 23rd day of March, 2026, at 6:30 p.m., prevailing Eastern Time. PRESENT: Members ______________________________________________________ ABSENT: Members_______________________________________________________ The following preamble and resolution were offered by Member ___________________ and supported by Member ___________________: WHEREAS, pursuant to Act 279, Public Acts of Michigan, 1909, as amended (the "Home Rule City Act"), an amendment to the Charter may be proposed by the City Council of the City (the "City Council") on a 3/5 vote of the members thereof; and WHEREAS, Section 9.1 of the City Charter (the "Charter") of the City provides: “Section 9.1 Power to Tax; Tax Limit. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond Charter tax rate limitations, the annual ad valorem tax levy for general budget purposes shall not exceed 1.6 percent of the assessed value of all real and personal property subject to taxation in the City. In addition, the City shall have the power to levy not to exceed 0.2 percent of the assessed value of all such real and personal property for not to exceed ten years, beginning in 2017, for purposes of necessary public residential street rights-of- way repair and reconstruction, and related sewer repair and reconstruction.” WHEREAS, the City Council desires to continue the authority to levy 2 mills for a period of ten years for purposes of necessary public residential street rights-of-way repair and reconstruction, and related sewer repair and reconstruction; and WHEREAS, if an amendment to the Charter is proposed by the City Council, the amendment shall be submitted to the electors of the City at the next regular municipal or general state election, or at a special election, held not less than 60 days after the proposal of the amendment; and WHEREAS, it is necessary, advisable and in the best interests of the residents and taxpayers of the City for the City Council to propose an amendment to the City's taxing powers as set forth in the Charter and to submit a proposition regarding such amendment to the qualified electors of the City at the State Primary Election to be held on Tuesday, August 4, 2026. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The City Council hereby proposes to amend Section 9.1 of the Charter to read as follows: “Section 9.1 Power to Tax; Tax Limit. The City shall have the power to assess taxes and levy and collect rents, tolls and excises. Exclusive of any levies authorized by statute to be made beyond Charter tax rate limitations, the annual ad valorem tax levy for general budget purposes shall not exceed 1.6 percent of the assessed value 8 03-23-2026  of all real and personal property subject to taxation in the City. In addition, the City shall have the power to levy not to exceed 0.2 percent of the assessed value of all such real and personal property for not to exceed ten years, beginning in 2027, for purposes of necessary public residential street rights-of-way repair and reconstruction, and related sewer repair and reconstruction.” 2. The City Clerk of the City (the "City Clerk") be and is hereby authorized to submit the hereinbefore proposed Charter amendment to the Governor and the Office of Attorney General of the State of Michigan pursuant to the provisions of the Home Rule City Act. 3. Subject to the approval of the Governor and the Office of Attorney General of the State of Michigan of the proposition set forth in Exhibit A hereto, the City Council proposes that the City Charter amendment be submitted to the electors of the City by being placed on the ballot of the State Primary Election to be held in the City on Tuesday, August 4, 2026. 4. The City Clerk is hereby directed to give notice of the election and notice of registration therefore in the manner prescribed by law and to do all things and to provide all supplies necessary to submit the Charter amendment to the vote of the electors as required by law. 5. The form in which the proposed Charter amendment question described in this Resolution shall appear on the ballot, is hereby determined to be the form set forth in Exhibit A hereto. 6. The canvass and determination of the votes of the proposition set forth in Exhibit A hereto shall be made in accordance with laws of the State of Michigan and the Charter of the City. 7. All resolutions and parts of resolutions, insofar as they conflict with the provisions of this Resolution, are hereby repealed. AYES: Members________________________________________________________________ NAYS: Members_______________________________________________________________ RESOLUTION DECLARED ADOPTED. City Clerk, City of Madison Heights I hereby certify that the attached is a true and complete copy of a resolution adopted by the City Council of the City of Madison Heights, County of Oakland, State of Michigan, at a regular meeting held on the 23rd day of March, 2026, and that said meeting was conducted and public notice of said meeting was given pursuant to Act No. 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act. City Clerk, City of Madison Heights 9 03-23-2026  EXHIBIT A PROPOSAL R-4 TO AMEND CITY CHARTER Shall Section 9.1 of the Charter of the City of Madison Heights be amended to provide for public residential street right-of-way repair and construction, and related sewer repairs and reconstruction, by levy and collection of two (2.00) mills per year for ten years, beginning in 2027? If approved, it is estimated that 2.00 mills would raise approximately $2,416,754 when first levied in 2027. [ ] Yes [ ] No Motion made by Councilor Rohrbach, Seconded by Mayor Pro Tem Mier. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-68. City Clerk - Appointments to the Zoning Board of Appeals. Motion to approve the appointments of Jeff Hilliard and Omar Hussien as regular members to the Zoning Board of Appeals with terms expiring February 28, 2027. Motion made by Councilwoman Aaron, Seconded by Mayor Pro Tem Mier. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-69. Director of Public Services - 2026 Watermain Replacement Pipe and Parts. Motion to award the bid for the 2026 water main replacement pipe and parts to the lowest responsible bidder who bid on all items listed, Core & Main, of Shelby Township, Michigan, for the unit prices specified. Staff also request that the Council motion include extending this bid to the upcoming proposed stand-alone water main projects at the unit prices identified, subject to FY 2027 Budget approval. Motion made by Councilor Rohrbach, Seconded by Mayor Pro Tem Mier. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-70. Director of Public Services - Fire Station 1 HVAC Replacement Budget Amendment. 10 03-23-2026  Motion to approve a Budget Amendment to account 101-336-987-0000 in the amount of $206,200. This represents originally budgeted funding for the Police HVAC Phase. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Wright. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. CM-26-71. Director of Public Services - Fire Station 1 HVAC Replacement. Motion to award the Fire Station 1 HVAC Replacement project, including Alternate 1 to Denny’s Heating and Cooling, of Troy, for a total project amount of $361,200. Motion made by Mayor Pro Tem Mier, Seconded by Councilor Wright. Voting Yea: Mayor Haines, Mayor Pro Tem Mier, Councilwoman Aaron, Councilman Fleming, Councilor Geralds, Councilor Rohrbach, Councilor Wright Motion carried. COUNCIL COMMENTS: Councilman Fleming had no comments this evening. Councilor Geralds had no comments this evening. Councilor Rohrbach had no comments this evening. Deputy City Clerk Boucher had no comments this evening. City Manager Marsh reported that water rate increase notification postcards will reach residents by the end of March. She also noted that a subcommittee has been formed to negotiate with the Great Lakes Water Authority (GLWA) regarding the water main breaks, seeking reimbursement for approximately $600,000 in local costs. Assistant City Attorney Burns announced that City Attorney Larry Sherman’s father celebrated his 98th birthday today. Councilor Wright promoted the Adaptive Game Night on March 25, 2026. He reported on his attendance at the SEMCOG General Assembly regarding the Oakland County Enhancement Education Millage. Councilor Wright highlighted collective municipal opposition to State House Bills 5529-5532, which threaten local zoning authority. He also reminded residents to watch for motorcyclists on the road. Mayor Pro Tem Mier announced a Historical Commission open house on Saturday, March 28th from 10:00 AM to 1:00 PM and noted a vacancy on the Historical Commission, encouraging applications. Councilwoman Aaron reminded the community that March is National Nutrition Month and highlighted the 15% discount partnership with Seros restaurant. 11 03-23-2026 Mayor Haines congratulated 168 Food Hall and Iron Body Gym on their recent grand openings. He announced upcoming "Spring Cleanup Days with the Mayor," planned for late April or early May. ADJOURNMENT: Having no further business, Mayor Haines adjourned the meeting at 7:01 p.m. Corey K. Haines, Mayor Phommady A. Boucher, Deputy City Clerk 12 03-23-2026