City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 2, 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 Councilman Smith pulled Consent Agenda Item F and made it 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 the Sterling Heights Employee Recognition Program is designed to honor and reward outstanding performance and exemplary service by City government full-time & part-time employees, volunteers, and boards & commissions members. Nominations are welcome from all citizens, community and business organizations, and City employees to honor those individuals who have gone “beyond the call of duty” in serving the public. Recommendations may be made directly to the Community Relations Department by calling 586-446-2489 or Recognition E-forms are available on the City’s official website: www.sterling-heights.net. Mr. Vanderpool reported on the yard waste collection program, which began on April 1, 2013. He reminded residents that they could not use the clear plastic bags, only paper bags or containers with the proper sticker attached. Mr. Vanderpool reported this week they started litter control efforts with crews on the medians to pick up litter and the mowing program would begin in a few weeks. Mr. Vanderpool reported the City budget hearings would be held on April 9 and April 15. Regular City Council Meetings Tuesday, April 2, 2013 Page 2 PRESENTATION Councilwoman Koski presented the Nice Neighbor award to Chuck Morin, nominated by his neighbor Frank Emmerich. Councilman Romano nominated and presented the Nice Neighbor award to Ike’s Restaurant, owned by Ike El-Alam and located at 38550 Van Dyke Avenue in Sterling Heights. Ms. Jennifer Loschek, a volunteer at Turning Point, made a presentation on behalf of Turning Point, Inc. She pointed out sexual assaults are one of the most under-reported crimes in our nation and it is more important than ever for victims to have access to resources and assistance needed to recover from sexual assault. They believe it can be prevented through education and pointed out they provided 15 educational sessions to 224 students in the Sterling Heights area. Ms. Loschek stated Turning Point would be opening a new emergency shelter to provide a safe place for women and children with an Open House in June. She provided council members with a teal ribbon to wear sometime during the month of April. Moved by Schmidt, seconded by Romano, RESOLVED, to adopt the resolution designating April, 2013 as National Sexual Assault Awareness Month in the City of Sterling Heights and encourage all residents to support programs that assist victims in finding the help and healing they need: RESOLUTION STERLING HEIGHTS CITY COUNCIL A resolution of the City Council designating April, 2013 as National Sexual Assault Awareness Month • The month of April has been designated as Sexual Assault Awareness Month (SAAM) in the United States. The goal of SAAM is to raise public awareness and to educate communities and individuals on how to prevent sexual violence. • One out of six women and one out of thirty-three men will be sexually assaulted in their lifetime. College age women are 4 times more likely to be sexually assaulted. • Turning Point, Inc. provides support services to residents of Sterling Heights who seek assistance as a result of sexual assault. • The City of Sterling Heights encourages all victims to seek immediate assistance through agencies like Turning Point, Inc., which operates a crisis line 24 hours a day / 7 days a week at 586/463-6990. NOW, THEREFORE, Regular City Council Meetings Tuesday, April 2, 2013 Page 3 BE IT RESOLVED, to designate April, 2013 as National Sexual Assault Awareness Month in the city of Sterling Heights and encourage all residents to support programs that assist victims in finding the help and healing they need. This Resolution was approved at the April 2, 2013 Sterling Heights City Council meeting. MARK CARUFEL, City Clerk Councilwoman Schmidt spoke in support of Turning Point and the services they provide. Yes: All. The motion carried. ORDINANCE INTRODUCTION 1. Suggested Action No. 1: Moved by Taylor, seconded by Romano, RESOLVED, to introduce an ordinance amending Article 28, Section 28.13, Paragraph D of Zoning Ordinance No. 278 to increase the allowable aggregate square footage for political and opinion signs placed on parcels in One and Two Family residentially zoned districts, Case No. Z-1125. Councilman Taylor explained the ordinance amendment, which would amend the sign ordinance to allow for 12 square feet of signage on residentially zoned properties. He stated he would be happy to amend the ordinance to limit the size of each individual sign on the residential parcels to 6 square feet or something smaller if Council members have a concern or their vote would depend on this limit. Councilman Romano suggested those council members who do not want to see this approved be the first to speak. Councilman Smith believes the matrix charts should be shown for the residents, if they are part of the motion. Councilman Taylor pointed out the City Council votes on ordinances, but never puts the body of the ordinance on the screen. The backup material is available on the City’s website and every resident could access that information. Councilwoman Ziarko pointed out she has not received any request from any resident or property owner to increase the signage; therefore, she would vote no on the increase. She is happy with the ordinance as it reads at the present time. Mayor Notte has no problem going from 9 square feet to 12 square feet. Regular City Council Meetings Tuesday, April 2, 2013 Page 4 Councilwoman Koski sees no reason to increase the size of the signs from 9 square feet to 12 square feet because we are not increasing the number of signs. It would still be 3 signs per parcel and she will not vote in favor of the motion. Councilwoman Schmidt is comfortable with the policy as it is right now for residential. Her biggest concern was not having a 12 square foot political sign on a front lawn. Roll call vote on motion: Yes: Taylor, Romano, Notte. No: Koski, Schmidt, Smith, Ziarko. The motion FAILED. Suggested Action No. 2: Moved by Taylor, seconded by Notte, RESOLVED, to introduce an ordinance amending Article 28, Section 28.13, Paragraph D of Zoning Ordinance No. 278 to increase the allowable aggregate square footage for political and opinion signs placed on parcels in Commercial, Office and Industrial zoned districts, Case No. Z-1125. Councilman Taylor pointed out there is a much larger area that the property occupies in a commercial, office or industrial area and more frontage on roadways, so a 12 square foot sign would not be too large for these districts. He stated he would be willing to amend the ordinance if any council member has concerns or their vote would depend on whether it is limited to 12 square feet per sign. Mayor Notte stated from 12 to 24 square feet gives more than one candidate an opportunity to put their sign on one single industrial or commercial property. Councilwoman Schmidt wanted assurance from Mr. Mende that the 3 signs total would remain part of the sign ordinance. She stated she is more comfortable with increasing the size of the signs in the commercial districts, but would like to see it limited to 12 square feet per sign. Councilman Smith is opposed to the motion and feels that all oversized signs should be reviewed. Councilman Romano pointed out if a sign is to be placed on a commercial piece of property, written permission would still be required. He is in favor of the motion. Regular City Council Meetings Tuesday, April 2, 2013 Page 5 Moved by Taylor, seconded by Romano, RESOLVED, to amend the motion on the floor to further amend the ordinance to limit the size of any single political or opinion sign on parcels in commercial, office or industrial zoned districts to 12 square feet total per sign. Yes: All. The motion carried. Moved by Taylor, seconded by Notte, RESOLVED, to introduce an ordinance amending Article 28, Section 28.13, Paragraph D of Zoning Ordinance No. 278 to increase the allowable aggregate square footage for political and opinion signs placed on parcels in Commercial, Office and Industrial zoned districts, Case No. Z-1125, as amended Yes: Taylor, Notte, Romano, Schmidt, Koski. No: Smith, Ziarko. The motion carried. Suggested Action No. 3: Moved by Taylor, seconded by Notte, RESOLVED, to introduce an ordinance amending Article 28, Section 28.13, Paragraph C.13. and Footnote 1. of Zoning Ordinance No. 278 to reduce the minimum setback for temporary signs on major roads and clarify the procedure for calculating square footage for political and opinion signs, Case No. Z- 1125. Councilman Taylor pointed out this amendment would decrease the setback on major roads from 12 feet to 5 feet. Mayor Notte spoke in favor of decreasing the setback from 12 feet to 5 feet. Councilman Smith doesn’t believe this would be a solution to the problem and stated we need to work on this. We don’t have a clear definition of what road would be a major road, whether the house is a residence or a residence converted into a business and where the setback would be. Roll call vote on motion: Yes: Taylor, Notte, Ziarko, Koski, Romano, Schmidt. No: Smith. The motion carried. CONSENT AGENDA 2. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: Regular City Council Meetings Tuesday, April 2, 2013 Page 6 A. To approve the minutes from the Regular City Council Meeting of March 19, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $526,689.47, Water & Sewer Fund - $1,659,407.20, Other Funds - $2,401,431.20, Total Checks - $4,587,527.87. C. RESOLVED, to approve the application by American and Import Auto Parts, Inc. for renewal of a junk yard license at 6785 Metropolitan Parkway, Sterling Heights, MI 48312. D. RESOLVED, to approve the Interlocal Service Agreement (Renewal) for Use of Gun Range between the cities of Troy and Sterling Heights and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. E. RESOLVED, to authorize the purchase of road salt for the 2013/14 and 2014/15 winter seasons as follows: 1) 1,500 tons early delivery through the State of Michigan MiDeal Program cooperative bid for 2013/14; and, 2) 2,000 tons through the State of Michigan MiDeal Program cooperative bid for 2013/14; and 3) 3,500 tons through the Road Commission of Oakland County cooperative bid for 2013/14; and 4) 3,500 tons through the Road Commission of Oakland County cooperative bid for 2014/15. F. Moved to Consideration Item 5. G. RESOLVED, to approve the property and liability insurance program with the Michigan Municipal Risk Management Authority for the period of May 1, 2013 through May 1, 2015 at an annual first year premium of $597,722 and second year premium of not-to-exceed $627,608. Yes: All. The motion carried. CONSIDERATION Regular City Council Meetings Tuesday, April 2, 2013 Page 7 3. Ms. Stephanie Burgess, HUD Program Coordinator, made a presentation on the Community Development Block Grant Program and gave a summary of the recommendations by category: Administrative Activity, limited to 20%; Public Service limited to 15% and the balance for Capital Projects. The Citizens Advisory Committee is recommending the following projects for the 2013/14 Community Development Block Grant Program: $57,500 for Administration, $2,700 for Macomb Homeless Coalition, $18,000 for Special Recreation, $18,000 for Home Chore, $6,000 for the Library book collection, $9,500 for Single Parent/Displaced Homemaker Program, $5,000 each for MCREST, MATTS, Macomb County Warming Center and Ray of Hope Day Center and the Hope Center of Macomb, $2,500 for Care House, $2,000 for Turning Point, $12,958 for Senior Center Programming, $15,000 for Minor Home Repair, $20,000 for Home & Property Improvement Program, $348,898 for Indigo Drive Road Improvements and $60,000 for Code Enforcement. Ms. Burgess thanked the Citizens Advisory Committee members for their participation in the process. Mr. Jeffrey Norgrove also thanked the committee and pointed out the outstanding work by Stephanie Burgess and stated he would be available for questions. Moved by Ziarko, seconded by Romano, RESOLVED, to approve the fiscal year 2013/14 Community Development Block Grant Program One Year Action Plan as recommended by the Citizens Advisory Committee and City Administration based on an estimated entitlement of $593,056 and authorize the City Administration to complete the Federal application and secure the funds. Councilwoman Ziarko questioned how the different groups find out about the applications to apply for funding and how they are notified. Ms. Burgess responded they put notifications in the newspapers and send applications to groups that have previously applied for the program. Councilwoman Ziarko questioned whether there were more groups that applied and were unable to obtain funds. Ms. Burgess indicated not in this area. She went on to state Regular City Council Meetings Tuesday, April 2, 2013 Page 8 everyone that applied got some portion of what they were requesting. They could not give everyone what they asked for. Councilwoman Ziarko appreciates the committee putting money into code enforcement, road improvements and parks. Councilman Romano questioned whether any of the Macomb County programs are located in Sterling Heights. Ms. Burgess responded there are no homeless shelters in Sterling Heights. If the person is homeless, it has to be that their last residence was Sterling Heights. They only pay for the Sterling Heights residents who are participating in the programs in Macomb County. Councilman Romano questioned why the amount for code enforcement could not be increased to $80,000 to allow for additional part time Code Enforcement Officers. Ms. Burgess stated it is only for CDBG eligible service areas. They could not fund all Code Enforcement for the entire City. Councilman Romano questioned the actual salary for the Macomb Homeless Coalition Continuing Care Coordinator. Ms. Burgess responded she believes it is $20.00 per hour. It’s a full time position and he gets other funds through the state. Councilman Romano stated he appreciates the work done by Ms. Burgess and stated it takes a lot of work and effort. Councilwoman Koski questioned how the money is received and spent, whether the total allotted funds are used every year, if there is ever any money left and carried over to the next year and what happens if we get more funds than expected. Ms. Burgess responded they could only carry over certain funds, depending on the type of activity. Public Services does not carry over because of the 15% limitation and it has to be spent in that fiscal year. Councilwoman Koski questioned whether the money is paid back for the housing rehabilitation and used again. Ms. Burgess responded that money is paid back when they no longer own and occupy the property and it is used again, sometimes for road improvements. She stated if more or Regular City Council Meetings Tuesday, April 2, 2013 Page 9 less money is received, the Citizens Advisory Committee has designated certain activities that would be increased or decreased. Councilwoman Schmidt questioned the number of current residents in the Housing Rehabilitation program, how many have applied in the past year and whether there is a waiting list. Ms. Burgess responded there are 60 on the books and twelve have applied in this past year. Councilwoman Schmidt questioned whether the committee was able to fulfill all of those requests. Ms. Burgess responded all of them are in various stages of the program right now. Councilwoman Schmidt questioned whether there is a waiting list and Ms. Burgess responded there is a small waiting list, but they have enough funds to service them. Councilwoman Schmidt commended Ms. Burgess for the great job she does. Yes: All. The motion carried. 4. Mr. Frank Palazzolo, counsel for the applicant, explained the request. He introduced Mr. Baddie Hanna, the sole member of the applicant. Mr. Harry Marchlones questioned why a newly obtained license is being transferred into Sterling Heights. Mr. Palazzolo responded it is not a new license. The liquor licensing year goes from May 1 of one year to May 1st of the next year so they are within the 2012-13 licensing year. Moved by Romano, seconded by Ziarko, RESOLVED, that the request with the Michigan Liquor Control Commission to transfer ownership of 2013 Class C liquor license, located in escrow at 88 Macomb Street, Mt. Clemens, MI 48043, from Craig S. Jones to Great Corner, Inc., d/b/a/ Majesta Bistro, and transfer location to 44951 Schoenherr Road, Sterling Heights, MI 48313 is recommended for approval. Councilman Romano questioned the length of the lease and Mr. Palazzolo responded 3 years with an option to renew. Regular City Council Meetings Tuesday, April 2, 2013 Page 10 Councilwoman Ziarko pointed out the restaurant actually faces Hall Road, but has a Schoenherr address. She stated there was a liquor license in this building before and she wishes them all the luck. Councilwoman Schmidt discussed a discrepancy in the hours of operation. She stated a letter from the petitioner shows 11 am to 10 pm and the information presented by Mr. Palazzolo shows 11 am to 11 pm. Mr. Palazzolo stated it is from 11 am to 11 pm. Yes: All. The motion carried. 5. Item F from the Consent Agenda: Moved by Taylor, seconded by Schmidt, RESOLVED, to: A. Award the bid for two (2) Dodge Charger police vehicles to Sterling Heights Dodge, 40111 Van Dyke Avenue, Sterling Heights, MI 48313, at a total cost of $46,527.00; and B. Award the bid for two (2) Ford Police Interceptor police vehicles to Gomo Ford, 22025 Allen Road, Woodhaven, MI 48183, at a total cost of $46,990.00. Councilman Taylor stated this is the most important thing a community can do for the police officers protecting its residents. The Police Department is trying something new by trying different types of vehicles to see what is best for the DPW mechanics and the City at large. Councilman Taylor agrees with this testing phase and spoke in favor of the motion. Councilman Smith stated the streets in the City are getting very old and in need of repair. There is no definite time when a street is worn out and there is no definite time when a car is worn out. He stated the Dodge Magnum and the Ford Interceptor are new and untested cars and the City should not be in the car testing business. Councilman Smith stated this is bad judgment and he recommends a vote against this purchase. Councilwoman Ziarko asked Chief Reese to verify that the police department is not buying Dodge Magnums. Chief Reese clarified they are buying Dodge Chargers. She pointed out it is not only about mileage; it is about age also. She stated we need to rotate our inventory and make sure we have good vehicles for our police officers. Yes: Taylor, Schmidt, Ziarko, Koski, Notte, Romano. No: Smith. The motion carried. Regular City Council Meetings Tuesday, April 2, 2013 Page 11 COMMUNICATIONS FROM CITIZENS Mr. Harry Marchlones – Public Safety millage. Mr. Charles Jefferson – Voter rights; Council’s Oath of Office; Article 14 of the Constitution; Safety on bike trails. Mr. Jeffrey Norgrove – Aggressive use of police vehicles; Against suggestion for Volunteer Fire Department and Sheriff intervention. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski or Mr. Vanderpool at this time. Both Councilman Taylor and Councilman Smith responded to comments from Mr. Jefferson as it relates to the Emergency Finance Manager laws. Councilman Smith reported on a very important meeting of the Zoning Board of Appeals on April 18 at 7:00 p.m. He stated they are having a very precedent setting meeting to approve a package of variances to bring in the giant 24-hour megatron video sign on 16 Mile Road. He hopes someone would show up at this meeting and stick up for the City. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:11 p.m. MARK CARUFEL, City Clerk