City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, FEBRUARY 5, 2013 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 Mark Carufel, Interim 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: Walter C. Blessed, Acting City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, Interim City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Councilman Smith requested that Consent Agenda Item G be made Consideration Item 5. Moved by Koski, seconded by Romano, to approve the Agenda as amended. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the new school safety initiative/partnership with Utica Community Schools (UCS). Effective January 28, Sterling Heights police officers, as part of their routine patrols, are visiting schools in the City twice a day by stopping inside the buildings as part of their daily beat. An increase in police presence is now seen at the district’s 3 junior high and 11 elementary schools. This joint initiative by both the Sterling Heights Police Department and UCS is an effort to better provide safety to our students with the highest level of police protection possible at all times. Mr. Vanderpool discussed crime statistics nationwide and reported out of 432 cities ranked, 34 communities were considered the safest and Sterling Heights was one of them. In communities across the country with a population over 100,000, Sterling Heights ranked 12th safest in the United States. Out of 13 cities in Michigan with populations over 75,000, Sterling Heights ranked 2nd safest community, behind Canton Township. Mr. Vanderpool commended the Police Chief and Police Department for making the City of Sterling Heights one of the safest cities in the country. Regular City Council Meeting Tuesday, February 05, 2013 Page 2 Mr. Vanderpool reported citizens are now able to access Wi-Fi in the Council chambers, the Senior Center, Parks and Recreation and soon in the Court and Police Departments. Mr. Vanderpool reported on the Special City Council Meeting/Strategic Planning Session to be held on Tuesday, February 12 in the Council Chambers commencing at 7 pm. ORDINANCE ADOPTION 1. Moved by Romano, seconded by Notte, BE IT ORDAINED, to adopt the ordinance amending Chapters 11, 33 and 51 of the City Code to revise and consolidate provisions relating to the prevention and destruction of noxious weeds. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 424 AN ORDINANCE TO AMEND CHAPTERS 11, 33 AND 51 OF THE CITY CODE TO REVISE AND CONSOLIDATE PROVISIONS RELATING TO THE PREVENTION AND DESTRUCTION OF NOXIOUS WEEDS. THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Section 11-87 of the Code of Ordinances shall be amended to add, revise, or delete the following sections of the International Property Maintenance Code (including local amendments) as follows: The following definition of “noxious weeds” shall be added in alphabetical sequence to the definitions set forth in the Local Amendments to Section 202 of the International Property Maintenance Code as set forth in Section 11-87 of the City Code: NOXIOUS WEEDS: Canada thistle (Cirsium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard, and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), giant hogweed (Heracleum mantegazzianum), ragweed (Ambrosia elatior l.), and poison ivy (Rhus toxicodendron), poison sumac (Toxicodendron vernix), grasses in excess of six (6) inches in height, and all other grasses. annual plants, weeds and vegetation, except regularly maintained and weeded lawn areas, regularly trimmed, pruned and maintained trees and shrubs, cultivated flowers and vegetables, weeded beds and gardens, or fields devoted to growing any grain crop such as wheat, oats, barley, or rye, or to agricultural fields or fruit or vegetable gardens devoted to fruits and vegetables that will be harvested during the current growing season. All plants defined to be weeds are deemed by the City Council to be noxious and a common nuisance in accordance with Public Act 359 of 1941, MCL 247.61 et seq., the Michigan Noxious Weed statute. The following amendments, additions, and deletions shall be incorporated into the Local Amendments: 106.2 Notice of violation. The Code Official may serve a notice of violation or order prior to taking any of the enforcement actions available under § 11-141 of the Code of Ordinances. Notice with respect to removal of noxious weeds may be given in accordance with the provisions of the Michigan Noxious Weeds statute, currently MCL 247.61 et seq., the substantive provisions of which have been incorporated into Section 302.4.1 of this Property Maintenance Code. 301.3 Vacant structures and land. All vacant buildings and structures and their premises, or vacant land, shall be maintained in a clean, safe, secure, and sanitary condition so as to not Regular City Council Meeting Tuesday, February 05, 2013 Page 3 contribute to blighting or adversely affect the public health or safety. During the period when any residential, commercial, or industrial building is vacant, closed, or otherwise not open for business or occupancy for more than 30 consecutive days, the owner or party-in-interest or other responsible parties shall be subject to the following regulations: (1) If any exterior openings of the building are boarded up or required to be boarded up, such shall be done in a neat and workmanlike manner using one-half inch water resistant plywood (or such other material approved by the Code Official) sized to fit within the exterior openings, which shall be securely fastened in place and coated with an appropriate neutral color which blends with or harmonizes with the exterior color of the building so as to be as inconspicuous as possible. Intact windows on vacant or unused buildings shall not be covered or obstructed with newsprint or newspaper. In the absence of traditional window treatments such as blinds or curtains, such windows may be covered on the inside only with neutral colored construction paper that blends with and is harmonious with the exterior color of the building so as to be as inconspicuous as possible, and only in conjunction with interior renovations undertaken with a valid building permit. The Code Official shall request the owner or responsible party to replace any broken glass and repair, replace, or paint the plywood material or paper window coverings within a period not exceeding ten working days. The exterior premises adjacent to any vacant building shall be maintained in a clean, aesthetically pleasing condition, including maintenance of signage, lighting, parking areas, sidewalks and other common areas. The owner or responsible party shall be subject to the penalties and abatement procedures as provided in this Code and other applicable provisions of the Code of Ordinances. (2) The responsible party shall comply with all other applicable provisions of this article relating to vacant commercial and industrial buildings. 301.4. General maintenance and exterior property and premises. All exterior property and premises shall be maintained in a neat, orderly, and attractive condition, including but not limited to the regular removal of trash and debris from the exterior property and premises and the maintenance of landscaping and removal of weeds as required by Section 302.4 of this Property Maintenance Code. 302.4 Landscaping and removal of weeds. All landscaping located on the exterior property and premises shall be maintained in a neat, orderly, and attractive condition, including but not limited to, the regular mowing of lawn areas, periodic trimming and pruning of trees and shrubs, the watering and weeding of lawn and landscaped areas, the removal and replacement of dead or diseased trees, shrubs, and plants, the removal of weeds in parking lots, driveways, sidewalks and other public areas and the regular removal of trash and debris from premises. All premises and exterior property shall be maintained free from noxious weeds as defined in this Property Maintenance Code in accordance with Section 302.4.1 of this Property Maintenance Code. 302.4.1 Noxious Weeds. The following regulations and procedures shall apply to noxious weeds and their removal: 1. The owner, agent, or occupant of (a) any subdivided land (lot) in a subdivision in which buildings have been erected on 60% of the lots, or (b) a lot or parcel adjacent to a paved street or road used or open to the public upon which noxious weeds are found growing shall destroy such noxious weeds before they reach seed bearing stage or six (6) inches in height, and prevent their regrowth, or prevent them from becoming a detriment to public health for a depth of the lot or parcel, or the depth of 10 rods (165 feet), whichever is less in accordance with the provisions of this Section 302.4.1 and where such parcel abuts a subdivision, for a distance of at least 24 feet from the perimeters of the subdivision. 2. If the owner, agent, or occupant of the lot or parcel upon which noxious weeds are found fails to destroy the weeds as required by the notice given in accordance with subsection 302.4.1.3 below, the city or its agent may enter the lot or parcel and destroy the noxious weeds to the depth of the lot or parcel, or the depth of 165 feet (165’), whichever is less and for a distance of at least 24 feet from the perimeter of the subdivision as set forth in subsection 302.3.1.1. The city may use mechanical Regular City Council Meeting Tuesday, February 05, 2013 Page 4 equipment or other reasonable methods that do not damage the property or adjacent sidewalk. The city may cut or destroy weeds as many times as is necessary each year and may charge the expenses incurred by the city to the property owner as provided in subsection 302.4.1.4. 3. The city may give notice of the obligation of an owner of a lot or parcel to destroy noxious weeds by publishing a notice in a newspaper of general circulation in the county during the month of March advising that weeds which are not cut by May 1 of that year will be cut by the city and that the owner of the lot or parcel will be charged with the cost of doing so as provided in subsection 302.4.1.4 below. The notice shall contain all information required by the Michigan Noxious Weeds statute, currently MCL 247.64. Alternatively, the city may give notice to the owner of a lot or parcel of his obligation to destroy noxious weeds by certified mail with return receipt requested (or equivalent). 4. The expenses incurred by the city in destruction of the noxious weeds shall be paid by the owner of the lot or parcel, and the city shall have a lien upon the lot or parcel for the amount of the expense, including administrative expenses, attorney fees, recording fees and other expenses incurred in connection with imposition of the lien, and applicable penalties and interest until the amount of the lien is collected. The lien may be enforced in the manner provided by the city charter, Michigan laws applicable to the enforcement of tax liens, or city ordinance adopted by the city council. SECTION 2. Section 33-1 of the Code of Ordinances shall be amended to read as follows: 33-1. SCOPE OF CHAPTER. (A) Various nuisances are defined and prohibited in this and other chapters of this Code and in other city ordinances. It is the intent of the city in enacting this chapter to provide the general means to abate nuisances which are defined and authorized to be abated in the City Codes and other city ordinances unless there is a more specific procedure set forth in the chapter defining the conduct or condition that constitutes a nuisance. (B) Nothing in this chapter is intended to supersede the regulation of: (1) New building construction in Chapter 11; (2) Fire prevention and safety in Chapter 20; and (3) Property maintenance of existing structures, exterior property, and premises in Chapter 11. This includes enforcement as well as appeal procedures as set forth in Chapters 11 and 20. SECTION 3. The item entitled “Weeds, Noxious” listed as item (x) in the list of activities or conditions that constitute a “Public Nuisance” as defined in Section 33-2 of the Code of Ordinances shall be amended to read as follows: [PUBLIC NUISANCE. Any act, omission or condition which injuriously affects the health, safety or morals of the public or causes some substantial annoyance, inconvenience or injury to the public, including but not limited to the following: . . .] (X) Weeds, noxious. Growth of noxious weeds as defined in the Local Amendments to the International Property Maintenance Code adopted by the city council as set forth in Section 11-87 of the City Code. Regular City Council Meeting Tuesday, February 05, 2013 Page 5 SECTION 4. Article II of Chapter 51 of the Code of Ordinances shall be deleted and repealed. SECTION 5. All other provisions of the Code of Ordinances not specifically amended by this ordinance amendment shall remain in full force and effect. SECTION 6. This ordinance shall become effective immediately after 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 15th day of January, 2013, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 5th day of February, 2013. WALTER C. BLESSED, City Clerk INTRODUCED: 01/15/13 ADOPTED: 02/05/13 PUBLISHED: 02/10/13 EFFECTIVE: 02/10/13 Councilman Smith requested a further explanation of the ordinance and whether it addressed dandelions. Mr. Sal Conigliaro, Public Works Director, responded it does not specifically address dandelions, but if they are below 6”, there are ok. Councilman Smith hoped the businesses, as well as the City of Sterling Heights, are held responsible for their properties. Yes: All. The motion carried. CONSENT AGENDA 2. 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 15, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $788,267.29, Water & Sewer Fund - $1,158,319.91, Other Funds - $782,886.95, Total Checks - $2,729,474.15. C. RESOLVED, to adopt the resolution directing the City Clerk to give notice of the public hearing in accordance with Chapter 47 of the City Code and to schedule a public hearing for the March 5, 2013 regular City Council meeting to hear comments from members of the public and those property owners affected by the proposed Regular City Council Meeting Tuesday, February 05, 2013 Page 6 improvements to Gardner Street Asphalt Paving Special Assessment District AP-12- 01. RESOLUTION Gardner Street Special Assessment District Resolution made and adopted at a regular meeting of the Council of the City of Sterling Heights, Macomb County, Michigan, held at the City Offices on the 5th day of February, 2013 at 7:30 p.m., Eastern Daylight Savings Time. Members Present: Koski, Romano, Notte, Schmidt, Smith Taylor, Ziarko. Members Absent: None. The following preamble and resolution was offered by Member Koski and supported by Member Romano: WHEREAS, this City Council has been presented with information concerning the undertaking of certain local public improvements consisting of street paving together with all necessary appurtenances and attachments, the cost of which improvements are to be paid in whole or in part by the levy of a special assessment; and WHEREAS, Chapter 47 of the City Code of Ordinances requires the preparation and presentation of certain information before the Council determines to make any such local public improvement to be defrayed by special assessment: NOW, THEREFORE, BE IT RESOLVED THAT: 1. The plans, estimates of cost, and other pertinent information heretofore presented by the City Engineer for the following improvements shall be filed with the City Clerk, which improvements and estimates of cost are as follows: Special Assessment Number AP-12-01 Estimate of Cost $315,000.00 Location From To Gardner Street Ryan Road 1,600 ft. + East 2. The City Council hereby declares its intention to make the aforesaid improvements and to assess a part of the whole of the cost of improvements according to benefits against the properties hereafter described, collectively to be known as Special Assessment Number AP-12-01. Description of Lots and Parcels of Land: 10-17-301-008 10-17-302-009 10-17-301-011 10-17-302-010 10-17-301-012 10-17-302-015 Regular City Council Meeting Tuesday, February 05, 2013 Page 7 10-17-301-024 10-17-302-016 10-17-301-026 10-17-302-017 10-17-301-027 10-17-302-018 10-17-301-028 10-17-302-020 10-17-301-029 10-17-302-021 10-17-301-031 10-17-304-026 10-17-301-032 10-17-305-017 10-17-302-004 10-17-326-003 10-17-302-005 10-17-326-004 10-17-302-006 10-17-327-006 10-17-302-007 10-17-327-007 10-17-302-008 3. The City Council will meet on the 5th day of March, 2013, at 7:30 p.m. Eastern Standard Time, at the City Hall, 40555 Utica Road, Sterling Heights, Michigan to hear any person to be affected by the proposed improvements and to hear objections to the necessity of public improvements, and to the special assessment district thereof. 4. The City Clerk shall give notice of said hearing by causing such notice to be published not less than ten (10) days prior to said hearing in the official newspaper of the City, which notice shall state that the plans and estimates of cost of said improvements and related pertinent information are on file with the City Clerk and shall contain a description of the proposed Special Assessment District. 5. The City Clerk shall give further notice of said hearing by certified or registered mail, return receipt requested, to all property owners in the proposed district as shown by the current assessment roll of the City. AYES: Koski, Romano, Notte, Schmidt, Smith Taylor, Ziarko. NAYS: None. ABSTAINED: None. ABSENT: None. Resolution declared and adopted. CERTIFICATION I hereby certify that the above Resolution is a true and correct copy of a Resolution entered in the Minutes of the Sterling Heights City Council, held at a meeting of said Council on the 5th day of February, 2013. WALTER C. BLESSED, City Clerk D. RESOLVED, to approve Contract #12-5545 between the Michigan Department of Transportation and the City of Sterling Heights for concrete pavement repairs to Ryan Road from Metropolitan Parkway to 18 ½ Mile Road, City Project #11-222, and authorize the Mayor and City Clerk to sign it on behalf of the City. Regular City Council Meeting Tuesday, February 05, 2013 Page 8 E. RESOLVED, to approve Michigan Department of Transportation Contract #12-5562 in connection with the Delco Drive Resurfacing Project, City Project #12-234, and authorize the Mayor and City Clerk to sign it on behalf of the City. F. RESOLVED, to split the award of the bid for janitorial supplies between the following vendors based on the unit prices bid:  Section I – Cleaning Products & Supplies (all items except trash can liners) – to HP Products Corporation, 4220 Saguaro Trail, Indianapolis, IN 46268;  Section I – Cleaning Products & Supplies (trash can liners) – to Central Poly Corporation, 2400 Bedle Place, Linden, NJ 07036;  Section II – Fire Department Supplies (all items except trash can liners) – to HP Products Corporation, 4220 Saguaro Trail, Indianapolis, IN 46268;  Section II – Fire Department Supplies (trash can liners) – to Central Poly Corporation, 2400 Bedle Place, Linden, NJ 07036;  Section III – Paper Products & Rags – to HP Products Corporation, 4220 Saguaro Trail, Indianapolis, IN 46268. G. Moved to Consideration Item 5. Yes: All. The motion carried. CONSIDERATION 3. Mr. Sal Conigliaro, Public Works Director, made a presentation in regard to Amendment No. 2 to the Water Service Contract between the City of Detroit and the City of Sterling Heights. Moved by Taylor, seconded by Ziarko, RESOLVED, to approve Amendment No. 2 to the Water Service Contract between the City of Sterling Heights and the City of Detroit and authorize the Mayor and City Clerk to sign the amendment on behalf of the City. Councilman Taylor hoped the Amendment would not impact the City of Sterling Heights too much. Councilman Smith stated Mr. Conigliaro’s presentation addressed the comparison by monthly average water bills and we don’t have monthly bills; we have quarterly bills. He asked in the future for a comparison based upon quarterly bills and unit costs. Regular City Council Meeting Tuesday, February 05, 2013 Page 9 Mayor Notte pointed out the former Director of Public Works Guy Kebbe worked very hard on this agreement with the City of Detroit and he feels it is a good agreement. Yes: All. The motion carried. 4. Mr. Vanderpool made a presentation explaining the Memorandum of Understanding between the City of Sterling Heights and Michigan Association of Public Employees Executive Group and UAW Local 412, Unit 41 Supervisory Professionals. Moved by Taylor, seconded by Notte, RESOLVED, to approve the Memorandum of Understanding between the City of Sterling Heights and Michigan Association of Public Employees Executive Group and authorize the Mayor and City Manager to sign it on behalf of the City. Councilman Taylor explained the City is in a position, due to the economic concerns, where we have not been able to hire and rehire to fill positions like we would have. He stated this is a good way to retain the institutional knowledge and save taxpayers money. Mayor Notte agrees with the comments made by Councilman Taylor and stated this is a cost savings for the City of $460,000. Councilman Smith believes the City has taken itself into a situation where it has contracted for people to retire at a very young age with 20-25 years of service. Since this retirement age is so low, we have been sold into the idea that we will have young and inexperienced people in management positions. Councilman Smith believes employees should retire in accordance with their contracts or exercise their right to work beyond their retirement age. Vote on motion to approve the Memorandum of Understanding between the City of Sterling Heights and Michigan Association of Public Employees Executive Group: Yes: All. The motion carried. Moved by Taylor, seconded by Notte, RESOLVED, to approve the Memorandum of Understanding between the City of Sterling Heights and UAW Local 412, Unit 41 Supervisory Professionals and authorize the Mayor and City Clerk to sign it on behalf of the City. Regular City Council Meeting Tuesday, February 05, 2013 Page 10 Councilman Taylor stated it is important to make sure this is not something we want to continue into the future. We have very knowledgeable directors and that is the reason we are doing this now. Councilwoman Ziarko agreed with Councilman Taylor’s comments. She stated we are letting people retire at an early age because they started at an early age. The City lowered the age and years in order to get some people to retire so we could save money. There was the need to make cuts and still provide services. Councilwoman Ziarko stated in the future we are going to have to stop the cutting and do more rebuilding. Councilman Romano stated we have first-rate directors and very knowledgeable people. The best part for the City is there is no more retirement for them, no benefits and they are required to work so many hours per week. He hopes those second in command would learn more and when the time comes, the transition would be easier and we would have experienced people to take their place. Councilwoman Koski asked Mr. Vanderpool to elaborate for the residents why the City is doing this and whether there are plans to make sure we are able to fill these charter- required positions. Councilman Smith discussed young and inexperienced people in management positions. Vote on motion to approve the Memorandum of Understanding between the City of Sterling Heights and UAW Local 412, Unit 41 Supervisory Professionals: Yes: All. The motion carried. 5. Item G from the Consent Agenda: Moved by Romano, seconded by Schmidt, RESOLVED, to award the bid for the purchase of a police investigative vehicle at a total cost of $22,983.00. Councilman Smith hoped a representative from the Police Department would have been available for questions. He disagrees with this item being on the Consent Agenda in light of the amount of money involved. Councilman Smith spoke against the purchase of this vehicle and stated it is possible to replace the decoy vehicle under $1,000. Councilman Taylor disagrees with the comments made by Councilman Smith and stated we want to provide our Police Department, in particular our undercover police officers Regular City Council Meeting Tuesday, February 05, 2013 Page 11 who are out dealing with criminals, the best equipment possible so as not to jeopardize their lives. He is 100% in support of this purchase. Councilwoman Ziarko asked Mr. Carufel to clarify that this purchase would be made with drug forfeiture money. Mr. Carufel responded part of the purchase is with drug forfeiture money and the purchase was budgeted for in the Police Department budget. Councilman Smith spoke against the purchase of this vehicle. Councilman Romano stated to the public and audience, from time to time the Council members ask administration to provide answers to their questions in writing. He read comments from Councilman Smith and the response from the Police Chief. Councilwoman Schmidt is in total support of this motion. She stated part of the reason the City of Sterling Heights is ranked as one of the safety cities is because our Police and Fire Departments have the equipment they need to keep everyone safe. Vote on motion to award the bid for a police investigative vehicle: Yes: Romano, Schmidt, Taylor, Ziarko, Koski, Notte. No: Smith. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Jeffrey Norgrove – Need for Police and Fire millage. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no reports from Mr. Bahorski or Mr. Vanderpool at this time. UNFINISHED BUSINESS/NEW BUSINESS 1. Councilwoman Schmidt requested Administration research the possibility of an optional three-year dog tag to coincide with the rabies shots. 2. Councilman Smith questioned the justification for the $13.00 difference in the dog tag fee for a dog that has been sterilized. 3. Councilman Smith discussed a letter he received from the Sterling Heights Area Chamber of Commerce welcoming a new member into the Chamber of Commerce, and that new member was a Woman’s Care Clinic. He disagrees with the Chamber putting the name of Sterling Heights on an abortion clinic. Regular City Council Meeting Tuesday, February 05, 2013 Page 12 Councilman Romano expressed concern with the comments being made by Councilman Smith without a representative from the Chamber being present to respond. He disagrees with bringing religion into the Council chambers. Mayor Notte agreed there should be a separation of Church and State and asked for a Council member to make a motion to adjourn. ADJOURN Moved by Romano, seconded by Schmidt, to adjourn the meeting. Yes: Romano, Schmidt, Ziarko, Koski, Notte. No: Smith, Taylor. The motion carried. The meeting was adjourned at 8:27 p.m. MARK CARUFEL, Interim City Clerk