City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 16, 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. Mayor Notte called for a moment of silence for the Boston Marathon tragedy. 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 gave an update on the Board of Review activity that recently occurred. He pointed out this year, the number of appeals reached a 10-year low with less than 1% (or 374) of total property owners filing appeals. Mr. Vanderpool used graphs to illustrate the changes in the number of appeals in this 10-year period from 2003 to 2013. He stated it appears the housing market has bottomed out and this is a good sign. Another graph illustrated the changes in the poverty exemption from a high of 86 in 2009 to 11 in 2013. Mr. Vanderpool reported a Community Pride and SHINE Day is planned for Saturday, May 18. Residents and businesses are being encouraged to make their residential and commercial properties “SHINE” with a spring-cleaning after the long winter months. Mr. Vanderpool stated if any property owner is unable to clean up their property, there are volunteer groups that can help them out. Those interested in volunteering or to request assistance may contact the Community Relations Department at 586-446-2470. Regular City Council Meeting Tuesday, April 16, 2013 Page 2 Mr. Vanderpool, along with the City Attorney, is requesting that City Council convene in closed session at the conclusion of the regular business portion of tonight’s agenda to discuss pending litigation in the case of Donaldson vs. City of Sterling Heights. PRESENTATION Councilman Smith presented the Nice Neighbor award to Al and Jennifer Burbary, nominated by their neighbor, John Barnhart. Moved by Smith, seconded by Romano, RESOLVED, to present Al and Jennifer Burbary with the Nice Neighbor award in recognition of their efforts to assist the community and contributions in making Sterling Heights’ overall quality of life second to none. Yes: All. The motion carried. Councilwoman Ziarko presented a resolution recognizing and commending the T.E.A.M. Youth volunteer mentors. Mr. Tim Doppel, president of the organization, accepted the resolution. He was joined by board members: Kevin Brender, Maggie Zito, Janel Mariani, Katie Bushe and Beth Craig. Moved by Ziarko, seconded by Romano, RESOLVED, to adopt the resolution recognizing and commending the T.E.A.M. Youth volunteer mentors for their efforts in making a difference in the lives of young people through mentoring: RESOLUTION STERLING HEIGHTS CITY COUNCIL A resolution recognizing and commending the T.E.A.M. Youth volunteer mentors • Mentoring strengthens young people and builds bonds that ensure a better future for them as well the communities making this invaluable investment. A mentor offers valuable encouragement, motivation and support for making positive life choices. • T.E.A.M. Youth is a Sterling Heights-based mentoring group which derives its name from its four core mentoring functions: Tutoring, Enriching, Affirming and Mentoring. In 2001, T.E.A.M. Youth committed itself to mentoring a class at Lincoln Elementary School in the Van Dyke Public School District from first grade through graduation from high school. • In the intervening years, T.E.A.M. Youth’s 60 mentors and volunteers have provided programs to this group of young people, including weekly mentor sessions, homework help, classroom support, summer enrichment opportunities, team building outings and other activities. • The product of this investment is priceless as these twenty students near their graduation from high school in June, 2013. Of the 20 students currently in the program, 17 students have committed to higher education at a college or trade school. To complete their Regular City Council Meeting Tuesday, April 16, 2013 Page 3 mission, the members of T.E.A.M. Youth have worked countless hours fundraising to bestow $25,000 in scholarships to fund secondary education for these students. • TEAM Youth’s sustained effort to be a positive influence in the lives of these students is a lesson on caring and selflessness. Despite the fact that these mentors will tell you that they have received far more from mentoring than what they have given, they richly deserve our thanks and recognition. • Oprah Winfrey describes a mentor as “…someone who allows you to see the hope inside yourself.” It is clear that the members of T.E.A.M Youth are not just mentors for these twenty students, but for all who can learn from their example. NOW, THEREFORE, BE IT RESOLVED, to recognize and commend the mentors and volunteers from T.E.A.M. Youth for their commitment to making a difference in the lives of children through mentoring. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 16th day of April, 2013. MARK CARUFEL, City Clerk Yes: All. The motion carried. Beautification Commissioner Aaron Wawrzyniak presented the Mayor and City Council with the commemorative 2012 flag in recognition of the City of Sterling Heights’ 28th consecutive designation as a Tree City USA. He introduced other commission members in attendance: Patrick Francis, Theodora Netza, Steve Duncan and Ruth Ann Schinzing. Commissioner Wawrzyniak reported the Commission is now welcoming nominations for their annual beautification awards to be presented in October of 2013. He stated the Community Relations Department would accept digital photographs from people who go above and beyond. Moved by Romano, seconded by Schmidt, RESOLVED, to accept the commemorative 2012 flag being presented in recognition of the City of Sterling Heights’ 28th consecutive designation as a Tree City USA and its outstanding commitment to an effective community forestry program in conjunction with our annual observance of Arbor Day, April 26, 2013. Yes: All. The motion carried. ORDINANCE ADOPTION 1. Moved by Taylor, seconded by Romano, BE IT ORDAINED, to adopt the ordinance amending Article 28, Section 28.13, Paragraph D of Zoning Ordinance No. 278 to  Regular City Council Meeting Tuesday, April 16, 2013 Page 4 increase the allowable aggregate square footage and limit the allowable square footage per sign for political and opinion signs placed on parcels in Commercial, Office and Industrial zoned districts, Case No. Z-1125. CITY OF STERLING HEIGHTS COUNTY OF MACOMB, MICHIGAN ORDINANCE NO. 278-TT AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 278 OF THE CITY OF STERLING HEIGHTS, SPECIFICALLY ARTICLE 28, SECTION 28.13, PARAGRAPH D TO MODIFY THE CHART TO ESTABLISH A MAXIMUM SIZE FOR A POLITICAL SIGN OR OPINION SIGN IN NON-RESIDENTIAL ZONING DISTRICTS, AND ALLOW A LARGER AGGREGATE SQUARE FOOTAGE FOR POLITICAL SIGNS AND OPINION SIGNS IN NON-RESIDENTIAL ZONING DISTRICTS. Section 1. Article 28, Section 28.13, Paragraph D of Zoning Ordinance No. 278 shall be amended to revise the chart to read as follows: SIGN REGULATION TABLE Use Districts One and Multiple Family Commercial Office Industrial Parking Type of Sign Two Family & Mobile Home Including District Residential Office Research Agricultural 1 0 0 0 0 Sales Sign 1 16J 16J Billboard 0 0 0 0 1 0 B Business Sign 1 1 0 32D 32D, E, F A, F, G A, F, G A, F, G Community 1 0 1 1 0 0 Bulletin Board 300P 300P 300P Directional L L L L L L Sign 4 4 4 4 4 4 Festoon Sign M M M M M 0 Flashing 0 0 0 0 0 0 Sign  Regular City Council Meeting Tuesday, April 16, 2013 Page 5 SIGN REGULATION TABLE (Continued) Use Districts One and Multiple Family Commercial Office Industrial Parking Type of Sign Two Family & Mobile Home Including District Residential Office Research Identification 1 1 1 1 1 0 and Name Plate 6 6 6 6 6 Marquee 0 0 1 1 1 0 4 4 4 Opinion Sign 3 3 3 3 3 0 9I 12I 24I 24I 24I Political 3 3 3 3 3 0 9I 12I 24I 24I 24I Real Estate 1 1 1 1 1 0 6H 16 16 16 16 Real Estate C 1 1 1 1 0 Development Sign 32 32 32 32 32 Residential 1 0 0 0 0 0 Development I.D. 25N Sup Reg Mall 0 0 1 0 0 0 Blvd Entrance 48Q Sup Reg Mall 0 0 1 0 0 0 Directional 32R Sup Reg Mall 0 0 0 0 0 Festoon Sign S Sup Reg Mall 0 0 1 0 0 0 Primary Entrance 300T SIGN REGULATION TABLE (Concluded) Use Districts One and Multiple Family Commercial Office Industrial Parking Type of Sign Two Family & Mobile Home Including District Residential Office Research Temporary M 1 1 1 1 0 32K 32K 32K 32K Vehicle 0 0 0 0 0 0 Business Sign  Regular City Council Meeting Tuesday, April 16, 2013 Page 6 Maximum Number of Signs with Conditions KEY Maximum Square Footage Area Each Sign with Conditions Relating to Signs Section 2. All other provisions of Zoning Ordinance No. 278 not amended in this amendment shall remain in full force and effect. Section 3. This amendment shall become effective seven days after publication of this amendment or a notice of adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 2nd day of April, 2013, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 16th day of April, 2013. MARK CARUFEL, City Clerk INTRODUCED: 04/02/13 ADOPTED: 04/16/13 PUBLISHED: 04/21/13 EFFECTIVE: 04/28/13 [seven days after publication of notice of adoption] Councilman Taylor stated he is comfortable with the ordinance as presented. Yes: Taylor, Romano, Schmidt, Ziarko, Koski, Notte. No: Smith. The motion carried. Moved by Taylor, seconded by Romano, BE IT ORDAINED, to adopt the ordinance amending Article 28, Section 28.13, Paragraph C.13. and Footnote I. 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. CITY OF STERLING HEIGHTS COUNTY OF MACOMB, MICHIGAN ORDINANCE NO. 278-UU AN ORDINANCE TO AMEND ZONING ORDINANCE NO. 278 OF THE CITY OF STERLING HEIGHTS, SPECIFICALLY ARTICLE 28, SECTION 28.13, PARAGRAPH C. 13. TO REDUCE THE MINIMUM SETBACK FOR TEMPORARY SIGNS ON MAJOR AND REGIONAL ROADS; AND TO AMEND ARTICLE 28, SECTION 28.13, PARAGRAPH D, FOOTNOTE I. WHICH FOLLOWS THE CHART TO ESTABLISH A MAXIMUM SIGN SIZE FOR A POLITICAL SIGN OR OPINION SIGN IN A NON-RESIDENTIAL ZONING DISTRICT AND CLARIFY THAT THE NUMBER AND SQUARE FOOTAGE OF ALL POLITICAL SIGNS AND ALL OPINION SIGNS ON A LOT OR PARCEL MUST BE COMBINED TO DETERMINE WHETHER SUCH SIGNAGE COMPLIES WITH THESE REGULATIONS. Section 1. Article 28, Section 28.13, Paragraph C. 13. of Zoning Ordinance No. 278 shall be amended to read as follows:  Regular City Council Meeting Tuesday, April 16, 2013 Page 7 13. Permanent freestanding signs may be located in the required front yard if they are at least twelve feet (12') from the public right-of-way as shown in the Master Road Plan or five feet (5') back from the curb or pavement of any private street. Temporary freestanding signs may be located in the required front yard if they are at least five feet (5') from the public right-of- way as shown on the Master Road Plan or five feet (5') back from the curb or pavement of any private street. Section 2. Article 28, Section 28.13, Paragraph D., Footnote I. of Zoning Ordinance No. 278 which follows the Chart shall be amended to read as follows: I. The maximum size of any political sign or opinion sign in a non-residential zoning district shall be 12 square feet, provided that the aggregate square footage for such signs shall not exceed 24 square feet. The number and square footage of all political signs and all opinion signs erected on one lot or parcel shall be combined to determine whether the total number and aggregate square footage of political signs and opinion signs on a lot or parcel conform with the number and square footage regulations set forth in the Chart. Section 3. All other provisions of Zoning Ordinance No. 278 not amended in this amendment shall remain in full force and effect. Section 4. This amendment shall become effective seven days after publication of this amendment or a notice of adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 2nd day of April, 2013, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 16th day of April, 2013. MARK CARUFEL, City Clerk INTRODUCED: 04/02/13 ADOPTED: 04/16/13 PUBLISHED: 04/21/13 EFFECTIVE: 04/28/13 [seven days after publication of notice of adoption] Yes: All. The motion carried. CONSENT AGENDA 2. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes from the Regular Meeting of April 2, 2013, as presented. B. To approve payment of the bill as presented: General Fund - $303,710.07, Water & Sewer Fund - $894,381.08, Other Funds - $500,433.38, Total Checks - $1,698,524.53. C. RESOLVED, to approve an amendment to the City of Sterling Heights’ 2012/13 Community Development Block Grant One Year Action Plan for the purpose of reallocating funds in the amount of $12,800 from the 2010 Baumgartner Park ADA restroom improvement project to code enforcement for inspection activities on properties in low to moderate income census tract service areas. Regular City Council Meeting Tuesday, April 16, 2013 Page 8 D. RESOLVED, to extend the bid award to American Rentals, Inc., 4901 W. Grand River Ave., Lansing, MI 48906, for rental of tents, tables, chairs and accessories for City events at unit prices bid for a one-year period. E. RESOLVED, to award the bid for street sweeping services to United Sweep, LLC, 62170 Van Dyke, Washington, MI 48094, at unit prices bid for a two-year period. F. RESOLVED, to award the bid for overhauling bus, light truck and automobile transmissions to Tecumseh Fleet Engineering, 10106 Grinnell St., Detroit, MI 48213, based on unit prices bid for a two-year period. G. RESOLVED, to approve the Mission, Goals and Objectives Statement for the Ethnic Community Committee, as amended, to provide for three-year, staggered terms for the appointed members. H. RESOLVED, to receive the lawsuit, Cozy Spa, LLC, et al vs. City of Sterling Heights, et al; Macomb County Circuit Court Case No. 13-1085-CZ. Yes: All. The motion carried. CONSIDERATION 3. Mr. Vanderpool made a presentation highlighting the wage and benefit concessions achieved through the new collective bargaining agreement with the Sterling Heights Police Command Officers Association. Moved by Romano, seconded by Schmidt, RESOLVED, to approve the collective bargaining agreement between the City of Sterling Heights and the Sterling Heights Police Command Officers Association for the period of July 1, 2012 through June 30, 2015, and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Councilman Romano thanked the command officers for their consideration and the reductions they have taken percent-wise. He pointed out this agreement is for the command officers only, which is Sergeants and above. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Joel Thomas – Need for citizen participation in City government. Regular City Council Meeting Tuesday, April 16, 2013 Page 9 Mr. Charles Jefferson – Lack of citizen participation; Voter registration cards; Percentage of voters in last City election. Mr. Jeffrey Norgrove – Lack of citizen participation; Petition to develop Nelson Park South into an 18-hole Frisbee golf course. Mr. George Hamcik – Order of speakers under Communications From Citizens. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski at this time, other than the request for closed session. There was no report from Mr. Vanderpool at this time. Councilman Taylor responded to Mr. Jefferson, we had 21,332 voters in the 2011 General election out of 85,000 registered voters. UNFINISHED BUSINESS There was no unfinished business discussed at this time. NEW BUSINESS 1. Councilman Smith stated at the first budget hearing we heard from a representative of S.E.M.C.O.G. about the state trying to obtain more tax dollars from the City and she left before the City Council could ask any questions or make any comments. 2. Councilman Smith questioned the need for rebuilding the 17 Mile overpass over the Conrail tracks. 3. Councilman Smith questioned the need for rebuilding Van Dyke from 15 to 18 Mile Roads. 4. Councilman Smith pointed out the City provides the tennis courts and the organizations manage their own leagues. He suggested the same could apply to the Frisbee golf courses. 5. Councilman Smith stated the Zoning Board of Appeals is meeting Thursday to discuss the animated twenty-four hour, full color video display mega sign to be placed at Freedom Hill. This sign is in conflict with about four ordinances that they are asking for variances from. He hopes the Zoning Board of Appeals protects the City from this kind of sign. Regular City Council Meeting Tuesday, April 16, 2013 Page 10 CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Romano, to recess to closed session to discuss pending litigation in the case of Donaldson vs. City of Sterling Heights Roll call vote: Yes: Ziarko, Romano, Smith, Taylor, Koski, Notte, Schmidt. The motion carried. The meeting was recessed at 8:18 p.m. ADJOURN Moved by Schmidt, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 8:37 p.m. MARK CARUFEL, City Clerk