City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MARCH 19, 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, 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 Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on commercial properties showing improvement in the community:  The former site of the Macomb Group at 34400 Mound Road was vacated as the company took on their expansion project on 15 Mile Road. The site has been vacant and up for lease for some time. At nearly 100,000 square feet, this site has been the largest available vacant site in the City. The City has recently learned that VSE Corporation has signed a 5-year lease to breathe new life into this site. VSE is a multi-national corporation focused on the provision of engineering and technical support services for Department of Defense systems and equipment. VSE is a long-standing member of the Sterling Heights business community whose growth plans sparked a need to identify larger real estate in the area. He stated they are happy the company chose to stay in Sterling Heights and will now have a significant presence on Mound Road. There will initially be 75 employees with additional job growth anticipated as more contracts flow to the site, made possible by the additional space they now have to pursue new work. The Regular City Council Meeting Tuesday, March 19, 2013 Page 2 company is also working on its plans to invest in the site to meet the demands of their business.  Mr. Vanderpool reported Art Van Pure Sleep celebrated their grand opening this morning at the corner of Hayes and M-59.  LA Fitness is under construction in the former Farmer Jack site at M-59 and Mound Road.  The former Ping On site on Van Dyke, just north of 18 ½ Mile Road, has a new owner. We should see some construction activities there throughout the summer.  The Jim Muir site is going through an extension reconstruction as well.  La-Z Boy is reoccupying the site they vacated a couple years ago and making improvements to the site. Mr. Vanderpool reported the City of Sterling Heights would begin its 22nd year offering separate curbside collection of yard waste on Monday, April 1, 2013. Homeowners are asked to use either garbage containers labeled with city “yard waste” stickers or paper yard waste bags. Mr. Vanderpool reported there would be a low cost vaccination clinic at Freedom Hill on March 23rd in response to the City’s commitment to encourage responsible dog ownership. Mr. Vanderpool reported in observance of the Easter holiday, City offices would be closed Friday, March 29 as an employee unpaid furlough day. Mr. Vanderpool reported at the conclusion of the regular business portion, he and the City Attorney are requesting the City Council convene in closed session for the purpose of discussing strategy in connection with the negotiation of a collective bargaining agreement. PRESENTATION Mr. Steve Bernier, principal of Davis Junior High School, was present to accept the resolution of the Sterling Heights City Council acknowledging and congratulating the Davis Junior High School 2011 and 2012 football teams for two consecutive undefeated seasons. He pointed out their academic efforts as well and congratulated the coaches. Regular City Council Meeting Tuesday, March 19, 2013 Page 3 Mayor Notte presented the resolution to Mr. Bernier, while Councilman Romano read the resolution into the record and personally announced the name of each of the Raiders. Moved by Romano, seconded by Schmidt, RESOLVED, to adopt the resolution acknowledging and congratulating the 2011 and 2012 Davis Junior High School football teams for their outstanding academic and athletic performance: ~ Resolution ~ Sterling Heights City Council A resolution of the Sterling Heights City Council acknowledging and congratulating the Davis Junior High School 2011 and 2012 football teams for two consecutive undefeated seasons. The 2011 and 2012 Davis Junior High School Raiders football teams have completed consecutive outstanding seasons highlighted by the following achievements in the classroom and on the field:  Two consecutive perfect season records of 6-0;  Outscoring their opponents by a cumulative 188-24;  The first team defense did not allow a single touchdown to be scored against them;  17 different players scored throughout the season;  Most notably, the football team broke the Davis Junior High School record for “A-Stickers”, an award given to students for their positive academic performance, collectively earning 213 stickers in two years. In recognition of these academic and athletic triumphs, it is fitting and proper to acknowledge Head Coach Gary Chapp, Assistant Coach Gary Chapp, Sr., and the following Raiders: Sean Beyer Tyler Boatwright Gaige Bodnar Melvin Booker David Clark Lawrence Clark-Terleski Jared Counts Zachary Cronk Justin Doroslovak Angelo Essak Luke Gorniak Daren Gross Juan Guzman Joseph Haddad Myles Hall Tristan Harris Archie Highgate Christopher Highgate Mark Hill Alex Karam Matthew Kraeyveld Jacob Lage Saivi’on Lee Bobby Leone Frank Lombardo Brandon Maxson Luke McGuire Colin McKnight Michael Moore Niko Nickson Evan O’Brien Brad O’Meara Andrew Piasecki Darien Reed Jacob Romain Armin Saroki Noah Skrok Jordan Smith TJ Smith Steven Tamburo NOW, THEREFORE, BE IT RESOLVED, that the Sterling Heights City Council hereby acknowledges and congratulates the 2011 and 2012 Davis Junior High School football teams for their outstanding academic and athletic performance. Approved at the March 19, 2013 City Council Meeting by the Sterling Heights City Council. IN WITNESS WHEREOF, I have set my official signature, this 19th day of March 2013. MARK CARUFEL, City Clerk Yes: All. The motion carried. ORDINANCE INTRODUCTION Regular City Council Meeting Tuesday, March 19, 2013 Page 4 1. Mr. Donald Mende, City Planner, made a presentation on the conditional rezoning request from R-60 to C-1 for property located at 34781 Ryan Road and developed with the former St. Nicholas K of C hall. The petitioner wants to convert the hall into a traditional restaurant. This case was originally heard by the City Council in November of 2012. Councilman Romano had made a motion to introduce the map amendment, but his motion lost for lack of support and no other motions were made. The petitioner would like an opportunity to make their case before the City Council. Mr. Mende pointed out the petitioner is only slightly modifying the conditions originally offered to the City. Specifically, they have eliminated a proposed 6,800 square foot expansion of the vacant K of C building as well as a proposed parking lot expansion. The balance of the petitioner’s conditional rezoning request remains the same. Mayor Notte opened the discussion to the audience. Mr. Jeffrey Norgrove had spoke against this rezoning in November. He doesn’t know their plans for a liquor license and wants to say good luck to them and pointed out there are a lot of restaurants in this area. He stated if it is just a restaurant and they stick with all the City codes and ordinances, he is in favor of it. Mr. Ralph Dallo, 41243 Allspice, the petitioner, stated this would be their third business in the City. They would be installing new landscaping and putting up decorative awnings. They would keep it as a restaurant only, closing at 12 am on weekdays and 1 am on Friday and Saturday. Mr. Al Burbary, 34128 Ryan Road, was in support of the restaurant at the November meeting until he heard them talk about a banquet center. He pointed out the area is surrounded by residential and he believes the property could be developed as R-1. Moved by Romano, seconded by Koski, RESOLVED, to deny introduction of the map amendment to conditionally rezone property on the west side of Ryan Road between Fifteen Mile Road and Rhoten Drive in Section 31 from R-60 (One Family Residential) to C-1 (Local Convenience Business District); Case No. Z-1123. Regular City Council Meeting Tuesday, March 19, 2013 Page 5 Councilman Romano pointed out the property is surrounded by a lot of residential and he can’t see rezoning this piece of property when it can be utilized in its current zoning. Councilwoman Koski agreed with Councilman Romano that it is residential in this area and the property could be developed in a residential manner. Her concern is with the hours of operation, the additional traffic that would be brought into the area and the affect on the surrounding neighborhood. Mayor Notte spoke against the motion on the floor. He questioned what would be done with the existing building on that site if it were to be used as an R-60. Councilman Smith questioned the motion for denial and what would happen if it were approved. Mr. Bahorski responded under this motion, if it fails, we would not need to do anything. Councilman Smith pointed out all the vacant buildings in the shopping center at 15 Mile and Ryan and suggested the petitioner occupy one of those stores. Roll call vote on motion to deny introduction of the map amendment: Yes: Romano, Koski, Schmidt, Smith, Taylor, Ziarko. No: Notte. The motion carried. CONSENT AGENDA 2. Mr. George Hamzik discussed Item D and asked the City Manager to provide information for the public about what is being done to alleviate the mosquito problems and the steps being taken. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of March 5, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $679,915.97, Water & Sewer Fund - $2,078,322.94, Other Funds - $565,611.35, Total Checks - $3,323,850.26. C. RESOLVED, to split the award of the bid for ALS/Medical and First Aid Supplies to:  Bound Tree Medical LLC, 5000 Tuttle Crossing, Dublin OH 43016  J & B Medical Supply, 50496 W. Pontiac Trail, Wixom, MI 48393  Henry Schein, Inc., P.O. Box 3227, Irmo, SC 29063 Regular City Council Meeting Tuesday, March 19, 2013 Page 6 at unit prices bid for the items awarded for a one-year period. D. RESOLVED, to award the bid for the mosquito control program to Custom Personalized Lawn Care, 5289 North Genesee Road, Flint, MI 48506, for a three- year period based on unit prices bid as follows: Bid Item Unit Cost Bid Item “A” Adult mosquito control and monitoring $368.33/week Bid Item “B” Application of alternate Vectolex CG granular in standing water $436.49/application Bid Item “C” Granular larvicide application (150 acres) $39.13/acre Yes: All. The motion carried. CONSIDERATION 3. Mr. Vanderpool made a presentation as it relates to the Memorandum of Understanding between the City of Sterling Heights and Michigan Association of Public Employees Technical/Office Union. He stated the City Council received a presentation at the February 12th Strategic Planning Session on a plan for enhanced property maintenance initiatives to be launched in the spring of 2013. An integral component of the new initiatives under the Sterling Heights Initiative for Neighborhood Excellence (SHINE) banner was a proposal to proactively address the exterior maintenance of non-homestead, single-family residences. A new ordinance facilitating this exterior property maintenance program was adopted by City Council at the March 5, 2013 regular City Council meeting. To implement the new program, the City is hiring additional part-time code enforcement officers. These new part-time employees will be members of the MAPE Technical/Office Union. Under the current collective bargaining agreement between the City and Union, the ratio between full-time and part-time employees cannot exceed 65% full time to 35% part time. The hiring of three additional part-time code enforcement officers places the City very close to the allowable ratio. To facilitate the hiring of the new part-time employees and implementation of the program, the City and Union met to negotiate a Memorandum of Understanding. This MOU provides that the part-time enforcement officers (5 in total) will not be counted towards the allowable ratio. In return, the City has agreed to define the positions of Clerk Regular City Council Meeting Tuesday, March 19, 2013 Page 7 Typist, Account Clerk and Library Clerk as entry-level positions that upon opening may be filled by the City, in its sole discretion, with a full-time or part-time employee. Whenever a position other than the entry-level position opens and the City elects to fill the position, it will be posted in accordance with the collective bargaining agreement as a full-time promotional opportunity for qualified members. If no member is qualified for the promotion or the promotional opportunity is declined by all qualified members, the City can proceed to fill the position with a part-time or full-time applicant from outside the membership. The MOU also extends the collective bargaining agreement for one year through June 30, 2015 with no wage or benefit increases. The City Administration is recommending approval of the memorandum of understanding. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve the Memorandum of Understanding between the City of Sterling Heights and Michigan Association of Public Employees Technical/Office Union and authorize the Mayor and City Clerk to sign it on behalf of the City. Councilwoman Schmidt thanked the membership of this union and administration for working together to come to a resolution and help the City move forward in these troubling times. Councilman Smith questioned when this agreement really needs to be in place. Mr. Vanderpool responded it is time sensitive in that we are currently recruiting for the part-time positions. We want to have the program up and running this spring. Councilman Smith inquired whether the MOU could be postponed until April 2nd or signed and ratified after March 27th, which is when the Freedom to Work Act is implemented. Moved by Smith, seconded by Taylor, that this action be postponed until the next regular City Council meeting on April 2, 2013. Roll call vote: Yes: Smith, Taylor. No: Koski, Notte, Romano, Schmidt, Ziarko. The motion FAILED. Vote on original motion to approve the MOU: Regular City Council Meeting Tuesday, March 19, 2013 Page 8 Yes: Schmidt, Ziarko, Koski, Notte, Romano, Smith, Taylor. The motion carried. 4. Mr. Vanderpool made a presentation as it relates to the collective bargaining agreement between the City of Sterling Heights and UAW Unit 40 of Local 412 – Professional Technical Employees for the period of July 1, 2013 to June 30, 2016. He pointed out some of the highlights of the wage and benefit concessions. Mr. Vanderpool acknowledged the willingness of this bargaining unit to address the significant financial challenges facing the City. The new collective bargaining agreement greatly enables the City to realize wage and benefit savings critically important to the success of the long-term financial plan. Moved by Ziarko, seconded by Romano, RESOLVED, to approve the collective bargaining agreement between the City of Sterling Heights and UAW Unit 40 of Local 412 – Professional and Technical Employees for the period of July 1, 2013 through June 30, 2016 and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Councilwoman Ziarko thanked the employees and administration for their hard work. Councilwoman Schmidt thanked the employees and administration for working together. Councilman Smith stated this is a three-year contract and he sees no reason for signing this within the next eight days. Moved by Smith, seconded by Taylor, that this action be postponed until June 2nd. Roll call vote: Yes: Smith, Taylor. No: Notte, Romano, Schmidt, Ziarko, Koski. The motion FAILED. Vote on original motion to approve the collective bargaining agreement: Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Jeffrey Norgrove – Farmer’s market during Sterlingfest or City events; Citizen presence at City Council meetings. Mr. Joel Thomas – Second Amendment rally/assault weapons protest. Regular City Council Meeting Tuesday, March 19, 2013 Page 9 Mr. Charles Jefferson – Rumors of Mr. Vanderpool hiring people from Chicago; Mr. Carufel’s contract; Appointment of Mr. Bilan; Coalition of Mayors; Councilman Taylor’s discussion on political signs. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to the questions from Mr. Hamzik about the mosquito control program. There was no report from Mr. Bahorski at this time. UNFINISHED BUSINESS There was no Unfinished Business discussed at this time. NEW BUSINESS 1. Councilman Taylor addressed the comments made by Mr. Jefferson as it relates to the Emergency Finance Manager and Right to Work. 2. Councilman Taylor discussed the sign ordinance and requested that the issues of the size of the signs and setbacks be brought back at the next City Council meeting as an agenda item so they could be voted on separately. Councilman Smith stated as far as the size of the signs, he objects to any increasing of the size. Quite a bit of work is needed on the setback issue and it needs to be made more uniform and fair. Councilwoman Schmidt stated she would prefer to have the two size issues separate. Moved by Taylor, seconded by Romano, RESOLVED, to introduce an ordinance at the next Council meeting, increasing the size limit on residential, increasing the size limit on commercial political signs, and moving the setback on commercial properties to 5 feet rather than 12 feet, and to bring that back as three separate items. Yes: All. The motion carried. 3. Councilman Taylor discussed the Consent Form requirement and stated in his opinion this is an unconstitutional restraint on free speech and it is the most egregious part of the sign ordinance. He stated the ordinance targets the property owner, not the candidate and restrains free speech when they have to file the Consent Form at City Hall and disclose in writing the support of a candidate. He stated that since the property owner signs the Consent Form, he is the one that is giving approval for the Regular City Council Meeting Tuesday, March 19, 2013 Page 10 sign on his property and he would be the one that would be penalized if there is a violation. Councilman Taylor doesn’t believe the City should be involved in this and putting themselves in the middle of a dispute between two candidates and a property owner regarding multiple signs. He proposes removal of the Consent Form requirement in a situation where there would never be a dispute. Councilman Taylor stated in a situation where a property owner has given approval for multiple signs, he proposes a quick and efficient way of the City enforcing the ordinance by tagging the signs, waiting 48 hours, and then going back and removing all the signs. He stated removing the Consent Form requirement from owner-occupied single-tenant commercial properties would make the ordinance easier to enforce for the City. He made a comparison to 43,000 residential properties where there is no Consent Form requirement. He believes property owners should not be required to get permission from City Hall to support a candidate. Councilman Taylor requested that removal of the Consent Form requirement be placed on the agenda for the next City Council meeting if there is no objection from the other City Council members. Councilwoman Ziarko stated she has not had any resident or business owner tell her that they didn’t like our sign ordinance for political signs. She stated it is the responsibility of the candidate, not the business owner, to get written permission to place a political sign on the property, not the other way around, and the ordinance does not require the business owner to come into City Hall to get permission. Councilwoman Ziarko does not want to bring this back before the City Council. Mayor Notte stated he spoke to Councilman Taylor and Mr. Vanderpool about the Consent Form. He stated Mr. Vanderpool thinks we need the Consent Form, especially on property where there might be an absentee owner. The Code Enforcement officer uses the Consent Form to insure compliance with the sign ordinance and it makes their job easier. He asked Mr. Vanderpool to address this issue. Mr. Vanderpool stated they have had very few complaints about the Consent Form process. He met with the code inspectors and was advised enforcement would be Regular City Council Meeting Tuesday, March 19, 2013 Page 11 difficult without the Consent Form process. He added the Consent Form process is not onerous, and there were about 150 Consent Forms filed during the last election season. He stated the Consent Form process has been in place a long time and it is not unreasonable, other communities have the Consent Form process, and he recommends that the Consent Form process on commercial properties continue. Councilman Smith proposed that no political signs be placed on any vacant lots. There should be no Consent Forms whatsoever for any building that is occupied. Councilwoman Schmidt also objects to bringing this back to the table. She stated the property owner could decide whether they want the sign on their property. She stated it has nothing to do with freedom of speech; it has to do with them making a decision on what candidate they want to be allowed to place a sign on their property. Councilwoman Schmidt is in favor of keeping it the same way that it is now. Councilwoman Koski is in favor of the Consent Forms because property owners were asking for help with people that were not asking for permission to put up signs on their property. Councilman Romano pointed out the large number of signs removed by Mr. Hamcik. He doesn’t want to bring this back and is in favor of the Consent Form. 4. Councilman Smith responded to Mr. Thomas’ comment on the Second Amendment rallies and said he can attend the rallies, but it really will not change the outcome one way or the other because it would not pass the House of Representatives. 5. Councilman Smith responded to comments from Mr. Norgrove and stated he believes they have a Farmer’s Market at Freedom Hill, so it would be redundant to have one of our own. 6. Councilman Smith responded to comments from Mr. Jefferson as it relates to Proposal 2 and the Right to Work Act and an Emergency Finance Manager. 7. Mayor Notte discussed a call he received from a resident about the Canine Units and presented a number of questions to Mr. Vanderpool. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Regular City Council Meeting Tuesday, March 19, 2013 Page 12 Moved by Ziarko, seconded by Notte, to recess to closed session for the purpose of discussing strategy in connection with the negotiation of a collective bargaining agreement. Roll call vote: Yes: Ziarko, Notte, Schmidt, Smith, Taylor, Koski, Romano. The motion carried. The meeting was recessed at 9:12 p.m. ADJOURN Moved by Taylor, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:41 p.m. MARK CARUFEL, City Clerk