City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 17, 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, Michael C. Taylor, Barbara A. Ziarko. Council Member absent at roll call: Paul Smith (arrived at 7:35 p.m.). 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: Koski, Romano, Taylor, Ziarko, Notte, Schmidt. Absent: Smith. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported the Sterling Heights Housing Commission recently received their Score Report from the U.S. Department of Housing and Urban Development. They did very well, scoring 98 out of a possible 100 points. The score is based on the fiscal year financial submission, a physical assessment of building conditions, appropriate use of capital fund dollars and management practices. A brief video was shown at this time Regular City Council Meeting Tuesday, September 17, 2013 Page 2 highlighting Schoenherr Towers Senior Center. Mr. Vanderpool recognized members of the Housing Commission for their hard work (Pete Mattera, Marv Miller, Roz Suwinski, Mike Venetis and Wanda Walker. He thanked the management team from Fourmidable, Inc. for the outstanding job managing Schoenherr Towers and Denice Gerstenberg for working very closely with the Commission. Mr. Vanderpool reported SimonCRE has purchased the 260,000 square foot shopping center for $7.6 million anchored by Target and MJR Theaters and plans to make landscaping updates, parking lot repairs and overall building improvements while recruiting several national, regional and local prospective tenants to occupy vacancies in the center. Mr. Simon stated, “We are investing in not only the Market Place Shopping Center, but also in the City for the long term”, further stating, “There are few developers who are paying attention to Detroit and its surrounding areas because of the stigma associated with bankruptcy. We view this property as a diamond in the rough knowing that with focused improvements and the correct retailer mix, it will again be a thriving shopping center.” Mr. Vanderpool welcomed Mr. Simon to the City of Sterling Heights. Mr. Vanderpool reported on another interesting site along the Van Dyke corridor for redevelopment in the longtime-vacant Lone Star Restaurant with Vibe Credit Union. He stated the recently submitted plans include complete demolition of the current structure resulting in a major improvement on the Van Dyke corridor. Mr. Vanderpool highlighted a unique new business off Metropolitan Parkway in a vacant manufacturing building. A video was shown at this time to introduce the Greg Grant Basketball Training Center. Regular City Council Meeting Tuesday, September 17, 2013 Page 3 Mr. Vanderpool reported the City of Sterling Heights has reached the six-month point in the curbside recycling program. Mr. Pat Greve from Waste Management made a video presentation highlighting the program’s success. Mr. Vanderpool complimented Mr. Greve for his hard work on this project. Mr. Vanderpool reported on a special upcoming event with the Sterling Heights Police Department, in partnership with Warren Consolidated School District, and invited parents of Sterling Heights students to attend the free seminar, “Protecting Your Kids”, next Tuesday, September 24th. The seminar is from 7 – 9 p.m. at the Sterling Heights Performing Arts Center. He pointed out there would be free childcare for school age children. PRESENTATION Councilman Taylor presented the Nice Neighbor award to Bonus Tire, located at 43300 Van Dyke Avenue in Sterling Heights. Owner Mark Bonus, along with his great support team, was nominated by Sterling Heights resident L’Nora Bieske. Parks & Recreation Supervisor Mark DiSanto made a presentation explaining the work done by Ian McKinnon at the Sterling Heights Nature Center and showed pictures of the improvements he made. Councilwoman Koski presented Ian McKinnon with the Nice Neighbor award. Councilman Romano acknowledged Ian’s parents and his Boy Scout leader in the audience. Councilwoman Schmidt presented a resolution congratulating Jacob Arche on his selection as the Macy’s Great American Marching Band drum major. Regular City Council Meeting Tuesday, September 17, 2013 Page 4 Jacob Arche explained how the selection was made. He thanked the band boosters of Sterling Heights High School, the boosters of Sterling Heights High School and the District of Warren Consolidated Schools for their financial support. He thanked his bandleader of six years, Mr. Anthony Imbronone for the years of teaching and guidance, his parents and brother for their never-ending support and the Sterling Heights City Council for this recognition and everyone present for their support. Moved by Schmidt, seconded by Romano, RESOLVED, to adopt the resolution congratulating Jacob Arche on his selection as the Macy’s Great American Marching Band drum major. ~ Resolution ~ Sterling Heights City Council A resolution of the Sterling Heights City Council congratulating Jacob Arche on his selection as the Macy’s Great American Marching Band drum major. On November 28, 2013, the Macy’s Great American Marching Band will once again take part in the 87th annual Macy’s Thanksgiving Day Parade. Since its inception in 2006, the Macy’s Great American Marching Band has been honoring America’s finest high school musicians and is comprised of select students from each of the 50 states. The musicians are under the direction of Auburn University’s Dr. Richard Good and Assistant Director, Barry Houser, from the University of Illinois. The 185 musicians will be complemented by approximately 40 flags and dancers. The Macy’s Thanksgiving Day Parade, watched by more than 50 million TV viewers, is internationally recognized as the official start of the holiday season and world-famous as a uniquely American entertainment extravaganza. Sterling Heights resident Jacob Arche was hand-selected and recruited as a drum major to participate with this year’s Macy’s Great American Marching Band, and will be representing Michigan and the city of Sterling Heights with this prestigious honor. Jacob has an impressive resume as a senior at Sterling Heights High School: Regular City Council Meeting Tuesday, September 17, 2013 Page 5  attends the Macomb Mathematics Science Technology Center in Warren for three hours of his high school day and is a member of the MMSTC Senior Council  is a member of the Varsity soccer team  has been a member of the Sterling Heights High School band for four years  has been accepted to attend the University of Michigan in the fall, where he will audition for their band as a freshman NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby congratulates Jacob Arche on his selection as the Macy’s Great American Marching Band drum major. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Sterling Heights to be affixed hereto on this 17th day of September 2013. ________________________________ Mark Carufel, City Clerk Yes: All. The motion carried. ORDINANCE INTRODUCTION 1. Mr. Mark Carufel made a presentation explaining the ordinance amendment to Chapter 8 of the City Code to require veterinarians located with the City of Sterling Heights to report all rabies vaccinations administered to dogs and provide dog licensing options to residents for durations of 1, 2 or 3 years. Ms. Linda Godfrey inquired whether the licensing issue problems have been rectified and whether the people are satisfied. Mr. Joe Rimarcik questioned the language in the ordinance and inquired whether the veterinarian was responsible for the licensing information. Regular City Council Meeting Tuesday, September 17, 2013 Page 6 Mayor Notte pointed out Mr. Bahorski is taking notes and will address this issue before the final reading if a correction is required. Moved by Romano, seconded by Schmidt, RESOLVED, to introduce the ordinance amending Chapter 8 of the City Code to require veterinarians located within the City to report all rabies vaccinations administered to dogs and provide dog licensing options to residents for durations of 1, 2 or 3 years. Councilman Romano discussed an incident that occurred last year when a person’s dog was attacked by another dog. He pointed out that dog was not vaccinated and as a result had to be put down. He stated if owners really care for their animals, they would have them vaccinated. Councilman Smith can’t imagine how a City could enact an ordinance telling veterinarians the way to run their business. He discussed the past practice of licensing animals and pointed out it cost $6.00 a year to have the application processed and a license obtained. The cost is now going up and he doesn’t see any justification for it. Councilman Smith stated he couldn’t approve this ordinance amendment. Councilman Taylor pointed out the City is contracting out dog licensing to a company in Texas and he inquired whether there is a fee for them to do this. Mr. Carufel explained the present process and the way it used to be. He pointed out Pet Data handles all of the licensing now, as well as the phone calls. He stated the City now has a database available to them. The cost to process a license is $3.90. The fees cover that processing and cost of the animal control officers. Regular City Council Meeting Tuesday, September 17, 2013 Page 7 Mr. Vanderpool reminded the audience and residents at home that this is a very involved process. He pointed out the strong correlation between responsible dog owners and licensing. He believes there has been a decline in some of the more serious dog bite cases in the community as a direct result of the increased licensing efforts. Mr. Vanderpool pointed out the City does not have the manpower to perform some of these services in house. Councilman Taylor inquired whether there is any reason why we should be requiring veterinarians in the City of Sterling Heights to be transmitting data on dogs from people that live outside Sterling Heights. Mr. Carufel responded it only covers dogs whose owners reside in the City of Sterling Heights. They will make that clear in the final draft of the ordinance amendment. Councilman Taylor questioned the burden this would place on the veterinarians and clinics or if they are used to doing this already. Mr. Carufel responded it is the same information they have on a rabies vaccination certificate. Councilman Taylor referred to the language Mr. Rimarcik was referring to and asked him to point that out to him after the meeting, since he couldn’t find it in the ordinance amendment. Councilwoman Koski inquired whether Mr. Carufel has contacted any of the veterinarians in Sterling Heights and talked to them about this process. Mr. Carufel responded he has not spoken to any of them. He stated there is a requirement and it is not overly burdensome as they already provide this information to the customers. Regular City Council Meeting Tuesday, September 17, 2013 Page 8 Councilwoman Koski inquired whether there is a charge to the veterinarian for providing this information and how the City would obtain the information. Mr. Carufel responded there is no charge to them and the information would go directly to Pet Data, not the City. Councilwoman Koski inquired whether a resident would be able to obtain a new license for three years or renew their license if they lost their rabies certificate. Mr. Carufel responded a phone call to Pet Data is all that should be required, since the information would be on file. Councilwoman Schmidt has used Pet Data with no problems and is happy with the prospect of getting a three-year license. She expressed concern with the aluminum tags lasting the full three years. Mr. Carufel responded they are looking at a stainless steel tag that would last the three years. Yes: Romano, Schmidt, Taylor, Ziarko, Koski, Notte. No: Smith. The motion carried. CONSENT AGENDA 2. Ms. Christine Sovay, Southeast Community Coordinator with Welcoming Michigan, thanked Mayor Notte and members of the City Council for considering this resolution (Item D) in recognition of National Welcoming Week. She stated they look forward to continuing the partnership with the City of Sterling Heights Ethnic Community Committee. Regular City Council Meeting Tuesday, September 17, 2013 Page 9 Ms. Deborah Garrett, representing Care of Southeast Michigan and Greater Macomb Project Vox, thanked the City Council for considering the proclamation (Item C) declaring September 2013 as National Recovery Month in the City of Sterling Heights. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of September 3, 2013, as presented. B. To approve payment of the bills as presented: General Fund - $401,519.90, Water & Sewer Fund - $1,179,115.98, Other Funds - $1,433,813.68, Total Checks - $3,014,449.56. C. RESOLVED, to adopt the resolution designating September 13, 2013 as National Recovery Month in the City of Sterling Heights: ~ Resolution ~ Sterling Heights City Council A resolution of the Sterling Heights City Council designating the month of September 2013 as National Recovery Month in the City of Sterling Heights Mental and substance use disorders affect all communities nationwide, but with commitment and support, people with these disorders can achieve healthy lifestyles and lead rewarding lives in recovery. National statistics indicate that in 2011, 2.3 million people aged 12 or older received specialty treatment for an illicit drug or alcohol use problem and 31.6 million adults aged 18 or older received mental health services. By seeking help, people who experience mental and/or substance use disorders can embark on a new path toward improved health and overall wellness. The focus of National Recovery Month (Recovery Month) this September is to celebrate their journey. Recovery Month spreads the message that behavioral health is an essential part of health and one’s overall wellness, and that prevention works, treatment is effective, and people recover. Through Recovery Month, people become more aware and able to recognize the signs of mental and/or substance use disorders, which can lead more people into Regular City Council Meeting Tuesday, September 17, 2013 Page 10 needed treatment. Managing the effects of these conditions can help people achieve healthy lifestyles, both physically and emotionally. For 24 years, Recovery Month has worked to improve the lives of those affected by mental and/or substance use disorders by raising awareness and educating communities about prevention, treatment, and recovery resources that are available. For the above reasons, we encourage all citizens to observe National Recovery Month. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby designates the month of September 2013 as National Recovery Month in the City of Sterling Heights to raise awareness about mental and substance use disorders and support programs providing resources for recovery. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Sterling Heights to be affixed hereto on this 17th day of September 2013. ________________________________ Mark Carufel, City Clerk D. RESOLVED, to adopt the resolution designating September 15th – 22nd, 2013 as National Welcoming Week in the City of Sterling Heights: ~ Resolution ~ Sterling Heights City Council A resolution of the Sterling Heights City Council designating September 15th through September 22nd, 2013 as National Welcoming Week in the City of Sterling Heights. Welcoming Michigan, a local affiliate of Welcoming America, has requested that the City designate September 15th through September 22nd, 2013 as National Welcoming Week in Sterling Heights. Welcoming America is a national, grassroots-driven collaborative that works to promote mutual respect and cooperation between foreign-born and U.S.-born Americans. The ultimate goal of Welcoming America is to create a welcoming atmosphere – community Regular City Council Meeting Tuesday, September 17, 2013 Page 11 by community – in which immigrants are more likely to integrate into the social fabric of their adopted hometowns. During the week of September 15th through 22nd, 2013, Welcoming America and its partners across the country will host National Welcoming Week, a nationwide event that will highlight the contributions of immigrants to American communities. Throughout the country, these events will bring together immigrants and U.S.-born community members in a spirit of unity through service projects focusing on:  Community Beautification – such as painting a community mural or organizing a park or school clean-up.  Healthy Communities – such as organizing a food drive or a community garden project.  Connected Communities – such as organizing a citizenship drive or serving food at a naturalization ceremony. At its September 5, 2013 meeting, the Sterling Heights Ethnic Community Committee unanimously endorsed the request by Welcoming Michigan and recommends adoption of this resolution. The City of Sterling Heights has demonstrated that it is a welcoming community through the establishment of the Ethnic Community Committee in 1990, numerous outreach programs including the annual Cultural Exchange, Sister City partnerships, the establishment of the Sterling Heights Outreach Program (SHOP) in 2008, and partnering in Welcoming Michigan ~ Sterling Heights. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby designates the September 15th through September 22nd, 2013 as National Welcoming Week in the City of Sterling Heights and encourages all residents to strengthen the fabric of the community by helping to create a welcoming atmosphere. IN WITNESS WHEREOF, I have set my hand and caused the Official Seal of the City of Sterling Heights to be affixed hereto on this 17th day of September 2013. ________________________________ Mark Carufel, City Clerk Regular City Council Meeting Tuesday, September 17, 2013 Page 12 E. To receive the lawsuit, Thomas James Utash v. Sterling Heights Police Department; 41A District Court Case No. S-13-3722-GZ. Yes: All. The motion carried. CONSIDERATION 3. Ms. Lisa Harness, President of the Sterling Heights High School Booster Club, was present along with Treasurer Christine Close, to request City Council approval for recognition as a local nonprofit organization for the purpose of obtaining a State of Michigan charitable gaming license. Mr. Mike Lombardini spoke in support of this organization and stated the request is within the law. He stated within the City there are certain gambling houses that are allowed to operate for the benefit of the designated charities. He inquired whether there is a limit on the number of charities that each particular gambling house could service and whether there is a limit on how many charities the City recognizes. Mayor Notte pointed out they are not having millionaire parties, bingo or charitable game tickets; they only checked off raffle on their application. Moved by Ziarko, seconded by Taylor, RESOLVED, that the request from Sterling Heights High School Booster Club of Sterling Heights, County of Macomb, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license be considered for approval; provided, however, that this action is not an endorsement of the organization and the City of Regular City Council Meeting Tuesday, September 17, 2013 Page 13 Sterling Heights should not be listed on any promotional materials associated with their charitable gaming activities. Councilwoman Ziarko pointed out the City Council has done these before and made it perfectly clear that the reason they are doing this is because they need this particular recognition in order to get a raffle license. The City Council is happy to help them out. Councilwoman Schmidt stated she has a child at Sterling Heights High School, so she would be abstaining from the vote. Councilman Smith stated there are a number of events with 50/50 raffles held in the City and he inquired whether all of the organizations go through this process. Mr. Bahorski pointed out it is required activity under state law, but they are not the licensing governing agency. The City is only required to recognize them. Councilman Smith asked for details on the raffles they plan on having. Ms. Harness responded they are basically 50/50 raffles and they will be obtaining x- boxes and other electronics as it gets closer to the holidays, charging $1.00 a ticket and offering them to students. Councilman Smith discussed the small percentage of organizations that come before the City Council to obtain this approval. He asked for some assurance that once this certificate is issued they would not be having Texas Holdum, Blackjack, Bingo, etc. Ms. Harness responded this would not be a free for all; it is limited right now to raffles. They would have to come back to the City Council for approval on any other activities. Mr. Bahorski pointed out their application states only raffles at this time. Regular City Council Meeting Tuesday, September 17, 2013 Page 14 Councilman Smith stated in answer to Mr. Lombardini we are well beyond the 365-day speculation that these gambling rooms have a rope or barrier down the middle and have two different activities run by two different charities at the same time. Councilman Romano read the main purpose for the Booster Club and stated they have rules and checks that they have to abide by. Councilman Taylor stated this is totally a nonprofit organization that is active in this community and he would be voting yes on the motion. He stated when a legal license is granted by the State of Michigan, those organizations get four 4-day events over the course of a year. The number of organizations that make use of all those days keep all the poker establishments busy for months in advance. There is pretty much legalized gambling in the City and State of Michigan. With regard to raffles, the reason there might be a lot of raffle activities going on and they are not all coming before the City of Sterling Heights is because they don’t all have to come before the City. They are either doing it illegally or have already received a license at an earlier time or from another municipality. Yes: Ziarko, Taylor, Koski, Notte, Romano, Smith. Abstain: Schmidt. The motion carried. COMMUNICATIONS FROM CITIZENS Mayor Notte stated at the last meeting Mr. Judnick called him out of order for speaking during Communications From Citizens and he stated he was right and he would not let that happen again. Regular City Council Meeting Tuesday, September 17, 2013 Page 15 Mr. Joe Judnick – Granting of variances/time lapses; Personal Property Tax/$11 million loss; Millage for Police, Fire and Roads; Floating Lanterns/Balloon Launch at Sterlingfest; Time limit on Citizen communications. Ms. Jennifer Abed – Response to emails; Purpose for Millage increase/Purchase of new equipment; Time card issue in Police Department. Mr. Joe Rimarcik – Real numbers as it relates to the Millage, Police & Fire budgets. Mr. Charles Jefferson – Use of recycling points for the Boy Scouts; Intersections of 19 Mile and Schoenherr and 18 Mile and Van Dyke; Millage for Police, Fire and Roads; Explanation of time limit lights being used for Communications From Citizens. Ms. Linda Godfrey – Millage, October symposium, Binding Arbitration. Mr. Jeffrey Norgrove – Support for the millage. Mrs. Joyce Fitch came up to the podium and placed her briefcase over the time limit light bar. She was instructed by Mayor Notte to remove her briefcase from the light bar. She refused and Mayor Notte called a recess at 9:35 p.m. to allow her time to remove the briefcase. Mrs. Fitch removed the briefcase and the meeting reconvened at 9:36 p.m. Mrs. Fitch – Number of 2013 Fall Magazines printed; number of 2012 Fall Magazines printed; Number of flyers printed and distributed in regard to the November 5th millage question; Whether they are still being distributed and who paid for the signs on City property; Status of police arbitration; Actual wages and benefits of police officers. Regular City Council Meeting Tuesday, September 17, 2013 Page 16 REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Bahorski stated there are no items for closed session. He responded to Mr. Judnick, the City Council grants the variances for contract rezonings, not the BZA. He will provide a more detailed answer. Mr. Vanderpool stated in response to the questions from Mr. Rimarcik, at the Council’s request, he could respond to some of the financial questions or he could have Mr. Baker provide an overview at a subsequent City Council meeting. Councilman Taylor stated to Mr. Rimarcik, his analysis is good, but it shows that there is a misunderstanding about what the proposed millage is all about. The City is taking in tax revenue, as well as other revenue. One of the significant sources of revenue has been money coming from insurance reserves. The City is spending down reserves at an alarming pace and this cannot go on year after year. The financial plan accounts for that money to run out and when it does, there will be a significant shortfall in the budget in terms of revenue. The $42 million figure (he believes it would be lower if it is only police and fire) is not money that is going to supplement on top of the budget as it is right now. You will not be seeing 5% increases; you will likely see decreases or stabilization of these budgets. Councilman Taylor stated there would be full disclosure. Councilman Taylor stated in regard to comments from Ms. Godfrey, she claimed there is no designation of funds and this is just wrong. If the millage passes, the money raised from that millage, the 1.7 mills is dedicated to police and fire. It cannot be used for any other activity whatsoever. If the millage passes, the money would be spent to keep 45 police officers and 20 firefighters in their jobs. If it does not pass, the City will have a Regular City Council Meeting Tuesday, September 17, 2013 Page 17 revenue shortfall and will have to reduce those positions. Councilman Taylor still believes reductions need to be made in the police and fire department budgets, but the third option of reducing costs is no longer a viable option because of Act 312 arbitration. The residents have to make a decision. Mayor Notte stated one of the residents placed literature on the Clerk’s desk and it was allowed for this evening, but he doesn’t believe we should be setting a precedent by allowing this to happen without review and approval by the City Council. Councilman Taylor stated it is not a good idea to allow residents to drop off material on the Clerk’s desk for public distribution, but he would not object to them handing out material outside of the Council chambers. Councilman Smith voiced his disapproval of Mayor Notte’s recommendation. Mayor Notte asked for a motion to adjourn. ADJOURN Moved by Romano, seconded by Ziarko, to adjourn the meeting. Yes: Romano, Ziarko, Koski, Notte, Schmidt, Smith. No: Taylor. The motion carried. The meeting was adjourned at 9:53 p.m. MARK CARUFEL, City Clerk