City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JANUARY 17, 2012 IN CITY HALL Mayor Richard J. Notte called the meeting to order at 7:30 p.m. Mayor Notte led the Pledge of Allegiance to the Flag and Walter C. Blessed, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Richard J. Notte, Joseph V. Romano, Maria G. Schmidt, Paul Smith, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark D. Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Walter C. Blessed, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Councilman Romano requested that Consent Agenda Items D, E and F be pulled and made Consideration Items 3, 4 and 5 respectively. Councilman Smith requested that Consent Agenda Item C be pulled and made Consideration Item 6. Moved by Koski, seconded by Romano, to approve the Agenda as amended. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported the City was successful in refinancing its existing 2005 road bonds due to the City’s outstanding bond rating and favorable market conditions. This refinancing will save taxpayers and the Major Road Fund $333,877 in lower interest payments over the next eight years. The City has now successfully refinanced four bonds over the past several years, saving $1.2 million in lower interest costs. Mr. Vanderpool reported the Community Relations Department is utilizing technology to enhance and improve upon a traditional city service. This past year, the City introduced an interactive City Calendar on its official website. Found on the homepage of www.sterling-heights.net, the City Calendar not only is a printable version of the long- time printed calendar once mailed to homes, but it features a host of customizations that really makes this a much more beneficial tool for residents. Regular City Council Meeting Tuesday, January 17, 2012 Page 2 Mr. Vanderpool reported on the new library service called Overdrive, which is paid for by the Friends of the Library. Overdrive is a service that provides ebooks and downloadable audio books for residents to borrow, just like the print versions in the library. The link to this service is on the Library’s website: www.shpl.net. He stated we have been participating in this service for five years now. All that is needed is a Sterling Heights Public Library card and PIN. Residents can download to Kindle, iPad, iPod, Nook, Sony eReader and many other devices that are listed on the Overdrive website. Mr. Vanderpool reported in December, 395 Sterling Heights residents borrowed 1,635 ebooks or downloadable audio books. There are approximately 10,000 titles in the current collection and it is growing weekly. Mr. Vanderpool reported on the 2012 Cultural Exchange scheduled for Friday, February 3 at 6-10 p.m. in the Senior Activity Center. This event will feature a wide array of ethnic music and dance, cuisine from city restaurateurs and educational cultural displays from area groups and retailers. Mr. Vanderpool reported the City has teamed up with the Sterling Heights Regional Chamber of Commerce and Industry to sponsor a series of “Sterling Edge” awards recognizing businesses in Sterling Heights. Nominations can be submitted for companies that meet the criteria in any one of the following five categories: “Buy Local Company of the Year” – This award goes to a Sterling Heights firm that best utilizes local products and services. Nominations are limited to firms with 50 or fewer employees. “Dream Big Company of the Year” – Honors a company that has shown exceptional growth. “Blue Ribbon Company of the Year” – Recognizes a company that demonstrates outstanding public service. “Green Company of the Year” – This award goes to a firm that utilizes green technology in its business practices. “Best Place to Work 2012” – Recognizes a company that provides an attractive working environment. Regular City Council Meeting Tuesday, January 17, 2012 Page 3 He stated applications are due Friday, March 30. The awards will be presented at the Sterling Heights Regional Chamber of Commerce and Industry’s annual Business Expo Wednesday, May 23. Mr. Vanderpool requested City Council convene in closed session at the conclusion of the regular agenda to discuss labor strategy and negotiations as well as pending litigation in the case of Command Officers vs. City of Sterling Heights. CONSENT AGENDA 1. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of January 3, 2012, as presented. B. To approve payment of the bills as presented: General Fund - $382,029.48,Water & Sewer Fund - $715,032.75, Other Funds - $1,513,637.11, Total Checks - $2,610,699.34. C. Moved to Consideration Item 6. D. Moved to Consideration Item 3. E. Moved to Consideration Item 4. F. Moved to Consideration Item 5. G. RESOLVED, to approve the Agreement for Macomb County Animal Shelter Services between the County of Macomb and City of Sterling Heights and authorize the City Manager to sign it on behalf of the City. H. RESOLVED, to award the bid for print shop paper and envelopes to Xpedx Paper & Graphics, Inc., 28030 Groesbeck Highway, Roseville, MI 48066 for the period of six months from date of bid award at the unit prices bid, and authorize the City Manager to exercise the option to extend the bid period for an additional six-month period, upon mutual consent. Yes: All. The motion carried. CONSIDERATION 2. Mrs. Zeana Attisha, owner of the Sahara Restaurant, explained their intent to move from their 15 Mile and Ryan location to a larger location at 16 Mile and Dequindre and requested Council approval of their liquor license. Regular City Council Meeting Tuesday, January 17, 2012 Page 4 Mr. Gerald Sieja questioned the type of restaurant, entertainment and hours of operation. Moved by Smith, seconded by Taylor, RESOLVED, that the request to transfer ownership of escrowed 2011 Resort Class C license, issued under MCL 436.1531(2), [original 550 Resort, not issued at its original location, must have minimum seating for 100 and meet food requirements], with Dance-Entertainment Permit, located at 4359 Highland, Waterford Township, MI 48328, Oakland County from J.W. Investments, Inc. to Sahara of Sterling Heights, Inc.; transfer location to and governmental unit to 2390 Metropolitan Parkway, Sterling Heights, MI 48310, Macomb County be considered for approval. Councilman Smith questioned whether this is a chain or franchise. Mrs. Attisha responded it is an independent business. Councilman Smith questioned whether this request involved any tax abatements or any recommending efforts by the Sterling Heights Economic Development Corporation, Velocity, etc. Mrs. Attisha responded it is their independent decision. Councilwoman Schmidt questioned the percentage of food to liquor. Mrs. Attisha responded right now it is 100% food, but she believes liquor will only be 20- 30%. Councilwoman Schmidt questioned the hours of operation. Mrs. Attisha responded 11 a.m. to 1 a.m. and possibly to 2 a.m. on Friday and Saturday. Councilwoman Koski questioned whether they would be closing the location at 15 Mile and Ryan. Mrs. Attisha responded they are going to try and sell it if they receive approval of their request. Councilwoman Koski questioned the timeframe for construction. Mrs. Attisha responded the menu is ready for the new location, they have the layout and architectural drawings completed and it is a matter of six to nine months to open. Councilwoman Koski questioned the seating capacity. Mrs. Attisha responded between 200 and 250. Regular City Council Meeting Tuesday, January 17, 2012 Page 5 Councilwoman Koski questioned the type of food being served. Mrs. Attisha responded Mediterranean and Middle Eastern. Mayor Notte questioned the total square footage of all the establishments they have at 16 Mile and Dequindre and stated he is in favor of the request. Mrs. Attisha responded the restaurant is 9,600 square feet, the meat market is 3,200 square feet and the Sahara Market is 8,000 square feet. Yes: All. The motion carried. 3. Item D from the Consent Agenda. Mr. Gerald Sieja questioned the amount of the grant and inquired whether it would cover the whole cost of the street sweeper. Mr. Geoff Gariepy questioned the possibility of purchasing a used street sweeper at roughly half the cost and recommended the Council give the Administration time to research a lower cost alternative. Moved by Romano to approve the acknowledgement form in connection with the City of Sterling Heights’ application for 2013/2014 CMAQ Program funding to purchase a diesel street sweeper and authorize the Mayor to sign it on behalf of the City. Mayor Notte suggested a delay for a couple weeks to allow for further research. Moved by Romano, seconded by Schmidt, to postpone this item. Mr. Vanderpool stated it would be inappropriate to use this funding for any other purpose. It cannot be used for any operational things whatsoever or any other equipment. He stated road funding from the Federal government is paid in large part through Federal gas taxes and then passed back to states across the country and then distributed to the cities. He recommended the Council allow them to report back on questions asked this evening and to at least file the application, stating it can always be withdrawn. Councilman Romano withdrew his motion to postpone. Moved by Romano, seconded by Schmidt, RESOLVED, to approve the acknowledgement form in connection with the City of Sterling Heights’ application for 2013/2014 CMAQ Program funding to purchase a diesel street sweeper and authorize the Mayor to sign it on behalf of the City. Councilman Romano disagrees with the use of general fund reserves for the $44,000. Regular City Council Meeting Tuesday, January 17, 2012 Page 6 Councilman Smith discussed the fact that both this item and item E talk about providing cleaner emissions and less fuel usage to justify the purchase. He agrees with the comments made by Mr. Gariepy. Councilman Taylor questioned the deadline for submission of the application. He questioned the condition of the street sweeper and the position the City would be in if the third street sweeper is down. Mr. Vanderpool responded the street sweeper is a necessity. Mr. Mark Carufel, Purchasing Manager, explained the condition of the street sweeper as a result of an accident a few months back. He pointed out it is a 1996 unit and he isn’t sure how much longer it will last. Councilman Taylor explained the main problem with the City budget and financial problems has to do with losses in revenues and the real estate market. He stated one of the most important roles the City has is to provide the proper infrastructure and he will vote in favor of the request. He wants additional research to determine whether we can use the grant funds to purchase a used or lightly used unit. Councilwoman Koski questioned the possibility of sharing our street sweeper with another city. Mr. Vanderpool responded he had that discussion with the DPW director and that is something they will explore. Councilwoman Koski stressed the importance of keeping the three street sweepers in working order. Yes: Romano, Schmidt, Taylor, Ziarko, Koski, Notte. No: Smith. The motion carried. 4. Item E from the Consent Agenda. Mr. Geoff Gariepy spoke against the intersection improvements along 15 Mile Road and questioned the need. Mr. Gerald Sieja questioned the number of grants available to the City. He expressed his opposition to this item and stated he cannot agree to spend the money at this time. Moved by Romano, seconded by Ziarko, RESOLVED, to approve the acknowledgement form in connection with the City of Sterling Heights’ application for 2013/2014 CMAQ Regular City Council Meeting Tuesday, January 17, 2012 Page 7 Program funding for intersection improvements along 15 Mile Road and authorize the Mayor to sign it on behalf of the City. Councilman Romano stated he pulled this item to allow for audience participation, but he would be voting against it. Councilwoman Ziarko discussed complaints she has received about this area and spoke in favor of moving forward with this application. Councilman Taylor doesn’t believe a right turn lane would alleviate the congestion in this area. He stated it is good enough for motorists right now and he cannot vote in favor of the request. Councilman Smith stated widening streets where you do not need it is not saving the roads. He would rather see this project held back and used to save roads that are broken. Councilwoman Schmidt inquired whether this request would come back before the City Council if the grant is approved. She stated the Council could approve or disapprove it at that time. Councilwoman Koski spoke in favor of moving forward with the application. Roll call vote: Yes: Ziarko, Koski, Notte, Schmidt. No: Romano, Taylor, Smith. The motion carried. 5. Item F from the Consent Agenda. Mr. Geoff Gariepy recommended the postponement of the air tanks to a time when the economy is improved and stated we have 262 air tanks right now and that should be sufficient. Moved by Romano, seconded by Notte, RESOLVED, to award the bid for self-contained breathing apparatus and components to Argus-Hazco, Inc., 46400 Continental Drive, Chesterfield, MI 48047 for a two-year period at unit prices bid. Councilman Romano stated he would rather be safe than sorry. Yes: Romano, Notte, Schmidt, Smith, Ziarko, Koski. No: Taylor. The motion carried. 6. Item C from the Consent Agenda. Mr. Gerald Sieja questioned the Complete Street policy for the City and inquired whether this is something new. He questioned the cost involved, how it would be implemented, whether we would be working with the County and if it is for the mile roads. Regular City Council Meeting Tuesday, January 17, 2012 Page 8 Mr. Donald Mende, City Development Director, explained the Complete Street policy is a best practices planning tool with federal and state support that calls upon municipalities to consider, in the design/redesigning of road infrastructure projects, all potential users. Complete Street policies ensure that roadways are designed and operated to enable safe access along and across a street for all users of all ages and abilities including pedestrians, bicyclists, transit users and those with disabilities, in addition to automobiles. Mr. Harry Marchlones inquired whether the passing of this resolution is creating a condition where the City is required to follow something we may have been doing on a voluntary basis. Mr. Mende responded the law does not mandate that we do anything; we are agreeing to communication with other agencies. Councilman Smith stated he doesn’t fully understand this or see any benefit in it. Moved by Ziarko, seconded by Schmidt, RESOLVED, to adopt the resolution in support of the Complete Streets policy for the City of Sterling Heights. ~ RESOLUTION ~ A resolution of the Sterling Heights City Council in support of the Complete Streets Policy WHEREAS, Complete Streets are defined as a design framework that enables safe and convenient access for all users, including pedestrians, bicyclists, transit riders, and drivers of all ages and abilities; and WHEREAS, the Michigan Legislature has passed Complete Streets legislation that requires the Michigan Department of Transportation and local governments to consider all users in transportation related projects; and WHEREAS, Complete Streets principles have been and continue to be adopted nationwide at state, county, and city levels in the interest of proactive planning and adherence to federal regulation that guide transportation planning organizations to promote multi-modal transportation options and accessibility for all users; and WHEREAS, Complete Streets are achieved when transportation agencies routinely plan, design, construct, re-construct, operate, and maintain the transportation network to improve travel conditions for bicyclists, pedestrians, transit, and freight in a manner consistent with, and supportive of, the surrounding community; and WHEREAS, Complete Streets support economic growth and community stability by providing accessible and efficient connections between home, school, work, recreation, and retail destinations by improving pedestrian and vehicular environments throughout communities; and WHEREAS, Complete Streets enhance safe walking and bicycling options for school-age children, in recognition of the national Safe Routes to School programs and Healthy Kids Healthy Michigan; and Regular City Council Meeting Tuesday, January 17, 2012 Page 9 WHEREAS, the City of Sterling Heights recognizes the importance of street infrastructure and modifications such as sidewalks, crosswalks, shared use paths, bicycle paths, signage, and accessible curb ramps, that enable safe, convenient, and comfortable travel for all users; and NOW, THEREFORE, BE IT RESOLVED, to support the Complete Streets Policy for use by the city of Sterling Heights in the design, planning, and construction of public infrastructure improvements. The foregoing resolution was adopted at the regular meeting of the City Council Meeting on the 17th day of January, 2012. IN WITNESS WHEREOF, I have set my official signature, this 17th day of January, 2012: WALTER C. BLESSED, City Clerk Yes: Ziarko, Schmidt, Taylor, Koski, Notte, Romano. No: Smith. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Harry Marchlones – Realistic and sustainable budget; Simple and transparent wage and benefit program for the City; Elimination of “drop” program; Elimination of Longevity. Mr. Geoff Gariepy – Cuts in employee wages and hours; animosity between workers. Mr. Charles Jefferson – Improvements to north end of Van Dyke. Ms. Mary Szostak, emergency dispatcher – Unprofessional conduct by council member. Mr. Gerald Sieja – Sterling Plaza liquor license application, EMS transport, Command officers’ lawsuit, Financial condition of the City, Placing road issue on the ballot. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski at this time. Mr. Vanderpool responded to questions from residents as it relates to wages and benefits for City employees, the “drop” program, longevity and the financial condition of the City. UNFINISHED BUSINESS 1. Councilman Taylor responded to the comment from a resident that the Council ambushed residents in regard to a liquor license at Sterling Plaza and stated that statement is misleading. 2. Councilman Romano stated in regard to the Command Officers Association there has been communication between the City Administration and the Command Officers and he appreciates that. Regular City Council Meeting Tuesday, January 17, 2012 Page 10 3. Councilman Romano stated the thirty-hour workweek is the last thing they want. The City is exploring other options in order to balance the budget. 4. Councilman Smith stated to the dispatchers he has an open mind toward that issue. 5. Councilman Smith stated in regard to the thirty-hour workweek, the employees would still receive their wages and benefits and this is a good deal for the employees. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Schmidt, to recess to closed session to discuss labor strategy and negotiations as well as pending litigation in the case of Command Officers vs. City of Sterling Heights. Roll call vote: Yes: Ziarko, Schmidt, Koski, Notte, Romano, Smith, Taylor. The motion carried. The meeting was recessed at 9:37 p.m. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:16 p.m. WALTER C. BLESSED, City Clerk