City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 15, 2014 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, Doug Skrzyniarz, 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 began his report with a video presentation highlighting 3 new startup companies under the Business Spotlight. The companies, Coupon Wallet, Splash 360 and Mobile Data Holdings are all located in the Macomb OU INCubator. Coupon Wallet allows the user to load coupons onto their mobile phone and take it to the store for redemption. This company provides a lot of in-store marketing materials, has a lot of exterior marketing for all the clients they work with, primarily running ads in Facebook, their own local ad network "pocket sense" and other online media. The ability to test and measure different marketing channels is also something that Coupon Wallet provides. Splash 360 focuses on helping small and medium size businesses build their brand, engage more customers and grow their sales. By integrating all these capabilities in one Regular City Council Meeting Tuesday, April 15, 2014 Page 2 solution it allows them to pass on the savings to the client. They believe the future for Splash 360 is very promising and customers are finding value in it. Mobile Data Holdings is a data acquisition company that produces video synchronized with GPS and packages that transmits that video live while recording for playback at a later time. This would allow for anything on the data system to be synchronized with the vehicle location. They measure the performance, gather the video and show the data. Universal Macomb Ambulance Company is going to be their first pilot. They will be able to connect dispatch to that vehicle, see the patient live and give access to the health care professionals. Mr. Vanderpool reported on a special event to be held Friday, May 9 from 11:30 a.m. to 2:00 p.m. at Velocity, which is home of the INCubator, located at 6633 18 Mile Road to discuss a new and powerful economic development tool used to fund, support and grow local businesses. The concept is called Crowd Funding and it provides for an easy way for people to invest in businesses. The cost is $20 and includes a box lunch. He encouraged residents to attend. Mr. Vanderpool gave an update on road conditions and road funding with a short video. Mr. Vanderpool reported this Thursday at 10:00 a.m. the Mayor and City Council, along with other local elected leaders across Macomb County will be participating in a press conference at Comp Tech, a Macomb County Community Center located at Cass Avenue and Groesbeck, to implore the state legislators to finally address this problem. There is an estimated need for $2 billion more to get all the roads into good condition. The City of Sterling Heights has done all it can do with the neighborhood roads. The residents stepped up to the plate and approved a road millage for neighborhood roads and the Council recently approved the purchase of new equipment to address pot holes, but this is not a long term solution. Regular City Council Meeting Tuesday, April 15, 2014 Page 3 PRESENTATION Councilwoman Schmidt presented the Nice Neighbor award to Phil Baraga, nominated by his neighbors, Karen Miller and Nancy Recksiedler. Ms. Michelle Murphy, Executive Director of the Sterling Heights Community Foundation, was present to accept a donation from Dooley's Tavern. Mr. Jim Arnone, owner of Dooley's Tavern, explained the fund raiser they held on St. Patrick's Day and wanted to donate to the City and Mayor Notte suggested the Sterling Heights Community Foundation. Ms. Murphy announced that the proceeds are going directly to the Richard J. Notte Scholarship for Public Service. Moved by Schmidt, seconded by Romano, RESOLVED, to acknowledge the donation by Dooley's Tavern to the Sterling Heights Community Foundation in the amount of $500.00 to benefit the Mayor Richard J. Notte Scholarship for Public Service. Yes: All. The motion carried. Mr. Mike Sheridan, retired Sterling Heights Postal worker, requested food donations for the National Association of Letter Carriers National Food Drive to be held on Saturday, May 10th. Moved by Romano, seconded by Ziarko, RESOLVED, to adopt the resolution recognizing Saturday, May 10, 2014 as Letter Carriers Food Drive Day in the City of Sterling Heights and encouraging residents to donate food to this worthy cause. Yes: All. The motion carried. ORDINANCE INTRODUCTION 1. Mr. Donald Mende, City Planner, made a presentation on the request for a map amendment to Zoning Ordinance No. 278 to conditionally rezone property on the north Regular City Council Meeting Tuesday, April 15, 2014 Page 4 side of Fifteen Mile Road between Ryan Road and Shell Drive in Section 30 from R-60 to O-1, Case No. PZ14-1127. Mr. Victor Saroki, architect for the Chaldean Community Foundation, explained the function of the foundation to help people with legal issues, education, housing, etc. The site is about 1.8 acres and is a reasonable request given the surrounding uses. Mr. Martin Manna from the Chaldean Community Foundation explained the programs they have developed to help the refugees that have come to this country. He stated their mission is to serve people to the best of their ability. Moved by Romano, seconded by Ziarko, RESOLVED, to introduce a map amendment to conditionally rezone property on the north side of Fifteen Mile Road between Ryan Road and Shell Drive in Section 30 from R-60 (One-Family Residential District) to O-1 (Business & Professional Office District); Case No. PZ14-1127, and direct the Petitioner to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the May 6, 2014 regular meeting. Councilman Romano questioned the number of people in this organization and whether this office is connected to any other office within the state. Mr. Manna responded the Chaldean population is primarily in Macomb and Oakland County. Councilman Romano questioned the size of the meeting room at 57 x 27 and inquired what they are doing with such a large meeting room. Mr. Manna responded the majority of their work is education and they teach English as a second language, renewed citizen courses and utilize that room for those purposes. Councilwoman Ziarko asked whether people have to live in Sterling Heights to participate in the services offered by the Chaldean Community Foundation. Mr. Manna indicated no, it is open to everyone. Regular City Council Meeting Tuesday, April 15, 2014 Page 5 Councilwoman Ziarko stated with the diverse community we have in Sterling Heights, she views them as a resource and believes this is a good idea. She inquired whether they would add additional staff and open on Wednesdays if their project grows. Mr. Manna responded he would appreciate the City using him as a resource. He can't say right now whether they would open up on Wednesdays. It is something they can consider at a later time. They have about 13 staff members right now and it might go up to 17 or 18 once the new facility is open. Councilman Taylor questioned the number of Chaldeans that live in Sterling Heights. Mr. Manna responded they did a survey with United Way and Walsh College in 2008 and it was anticipated that 12-15 % of the City of Sterling Heights population would be Chaldean. Councilman Taylor requested Mr. Manna explain the services they provide. Mr. Manna responded the goal of their program is to assist people in becoming independent of government subsidy. They are given 8 months worth of federal assistance and then they are on their own. After a year they have to apply for citizenship and they assist them with that. They provide health care and housing opportunities. Councilman Taylor expressed his pride in having the Chaldean Community Foundation in Sterling Heights and stated he was happy to help them grow. Councilwoman Koski questioned the qualifications to obtain services. Mr. Manna stated his doors are open, they receive some state funding and don't turn anyone away. Councilwoman Koski questioned what they actually do at their offices. Mr. Manna responded their office is more of an evaluation process, where they link them to other agencies. Regular City Council Meeting Tuesday, April 15, 2014 Page 6 Councilwoman Koski questioned the membership of the Chaldean Community Foundation. Mr. Manna responded 900 members that represent 3500 businesses. Councilwoman Koski questioned the ingress/egress to the building. Mr. Saroki responded there is one approach on the west end of the property, which allows for two-way traffic. Councilwoman Koski expressed concern with someone coming out of the center and suggested they contact the County to have the light reactivated so the people coming out of the center could go east. Councilwoman Schmidt questioned whether the services would be open to children. Mr. Manna responded there are several different levels of ESL classes and they offer a wide range. They have a wonderful working relationship with both the Utica Community Schools and Warren Consolidated School districts. Councilman Skrzyniarz thanked Mr. Manna for doing the summit and for choosing Sterling Heights. He stated their reputation is well known and he is happy to support them. Mayor Notte pointed out they have been doing a great job for the past 3 years and he knows they will do a better job in the future. He thanked them for all their efforts. Vote on motion to introduce the map amendment: 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 of the Regular Meeting of April 1, 2014, as presented. Regular City Council Meeting Tuesday, April 15, 2014 Page 7 B. To approve payment of the bills as presented: General Fund - 372,046.62, Water & Sewer Fund - $45,515.34, Other Funds - $1,476,385.46, Total Checks - $1,893,947.42. C. RESOLVED, to award the bid for the purchase and planting of street trees to Marine City Nursery Company, 5304 Marine City Highway, China Twp., MI 48054 for the period April 16, 2014 through December 31, 2015 at unit prices bid. D. RESOLVED, to award Sections 1 through 5 of the bid for the purchase and installation of floor coverings at the Sterling Heights Police Department facility to Conventional Carpet, Inc., 7155 19 Mile Road, Sterling Heights, MI 48314, in the amount of $50,900 and authorize a budget amendment from Capital Projects Fund reserves in the amount of $27,320. E. RESOLVED, to approve the lease between the City of Sterling Heights and Pitney Bowes Inc., One Elmcroft Road, Stamford, CT 06926-0700, for the Connect+3000 postage meter through the State of Michigan MiDeal cooperative bid, Contract #071B3200013, at a cumulative cost of $27,222 and authorize the City Manager to sign all documents required in conjunction with this approval. F. RESOLVED, to approve the lease between the City of Sterling Heights and Dell Financial Services, LLC, One Dell Way, Round Rock, TX 78682, for Dell AppAssure back-up, replication and recover software through the State of Michigan Higher Education Compact cooperative bid, Contract #45ABZ, at a cumulative cost of $35,233.05 and authorize the City Manager to sign all documents required in conjunction with this approval. G. RESOLVED, to approve the Consent Special Assessment Agreement in conjunction with the 2012 Sidewalk Gap Completion Program, City Project #11- 217, Special Assessment District SW-14-01. Regular City Council Meeting Tuesday, April 15, 2014 Page 8 H. RESOLVED, to approve the contract #2014-0206, between the Michigan Department of Transportation and the City of Sterling Heights to enable the use of Roads and Risks Reserve funds in the amount of $864,000 for the reconstruction of 19 1/2 Mile Road, between Merrill Road to Utica Road, City Project #14-255, and authorize the Mayor and City Clerk to sign the contract on behalf of the City. I. RESOLVED, to: (A) Award the bid for the 2014 Concrete Sectional Replacement Program, Indigo Drive and West Elmcrest Drive Reconstruction, and DPW Wash Bay, to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185 as follows: Section 1 "Local Roads" and Section II "Sidewalk (Ramps & Repairs)" in the cumulative amount of $1,702,500; Section III "Major Roads" in the amount of $392,000; Section IV "Indigo Drive and West Elmcrest Drive Reconstruction" in the amount of $341,000; and Section V "DPW Wash Bay" in the amount of $72,960, and direct the Mayor and City Clerk to sign all documents required in conjunction with this bid award; (B) Authorize a budget amendment to use $44,600 of Water and Sewer Fund Reserves to complete Section V of the contract. J. RESOLVED, to acknowledge and accept the donation by Sears Hometown & Outlet Stores to the Sterling Heights Fire Department in the amount of $744.00. Yes: All. The motion carried. CONSIDERATION 3. Mayor Notte recommended the appointment of Dale A. Studnicka to the Corridor Improvement Authority to a term ending August 15, 2015. Regular City Council Meeting Tuesday, April 15, 2014 Page 9 Moved by Ziarko, seconded by Romano, RESOLVED, to appoint Dale A. Studnicka to the Corridor Improvement Authority to a term ending August 15, 2015, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Mayor Notte recommended the appointment of Norman J. Birr and Phillip K. Hunsberger to the Corridor Improvement Authority to a term ending August 15, 2016. Moved by Ziarko, seconded by Romano, RESOLVED, to appoint Norman J. Birr and Phillip K. Hunsberger to the Corridor Improvement Authority to a term ending August 15, 2016, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Mayor Notte recommended the appointment of Robert W. Artymovich to the Corridor Improvement Authority to a term ending August 15, 2017. Moved by Ziarko, seconded by Romano, RESOLVED, to appoint Robert W. Artymovich to the Corridor Improvement Authority to a term ending August 15, 2017, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. 4. Mr. Donald Mende, City Planner, made a presentation on a rezoning agreement for property situated on the southwest corner of Saal Road and 19 Mile Road in Section 12; Case No. Z-1080. He stated Mr. Greg Windeland from Lombardo Homes is present to answer questions. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the Second Amended Conditional Rezoning Agreement between the City of Sterling Heights and S.E. Regular City Council Meeting Tuesday, April 15, 2014 Page 10 Michigan Land Holding, L.L.C. and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City, Case No. Z-1080. Councilwoman Ziarko believes this is a good idea and she wishes them good luck. Councilman Romano questioned how they were able to add 7 homes. Mr. Windeland responded through a reconfiguration of the Phase 2 area. Councilman Skrzyniarz questioned pedestrian access to surrounding parks for the residents living in Phase 2. Mr. Windeland responded there are sidewalks 5' wide throughout the interior streets and a pathway along Saal and 19 Mile Road. Yes: All. The motion carried. 5. Mr. Mende, City Planner, made a presentation on the request for approval of a fifth amendment to the Conditional Rezoning Agreement to approve the use and operational characteristics for Taco Bell, Case No. Z-1095. Mayor Notte opened the discussion to the audience. Mr. Phil Ruggeri, appearing on behalf of the petitioner and as one of the partners in this development, further explained the history of this property. He pointed out 5 of the 6 partners are in attendance. He stated they have exhausted every avenue they could to develop this property. Taco Bell has been the only tenant to come through and they have been a viable business since the inception. Mayor Notte opened the discussion to the audience. The following residents spoke against the request, citing increased traffic, loitering, safety of residents, noise, debris concerns and the previous promise of no Taco Bell: Mr. Mike Lorano, 6043 Higgins Mr. Harry Marchlones Mr. Charles Jefferson Regular City Council Meeting Tuesday, April 15, 2014 Page 11 Mr. Kevin Spelich, 6133 Poplar Mrs. Frances Madalinski, 6010 Poplar Ms. Diane Dapparello from Clinton Township (Daughter of Mrs. Malinowski) Mrs. Fiorella Adair, 6091 Poplar Mr. Giulio Russo Ms. Samantha Stocker , 6141 Higgins Mr. Tony Bartley, 6059 Higgins Mr. Harley Pilarski, 6015 Poplar Mr. Jeffrey Norgrove believes the property owner has gone over and above working with the residents in this area and supported the developer property rights. Mrs. Kelly Rhea, partner in Poplar Properties, hoped the Council would approve the request. Moved by Schmidt, seconded by Ziarko, RESOLVED, to deny the Fifth Amended Conditional Rezoning Agreement between the City of Sterling Heights and Poplar Properties, LLC, Case No. Z-1095. Councilwoman Schmidt is not comfortable with this development and doesn't believe it is the right fit for the residents. She stated the zoning was multiple low rise when the property was purchased and the investors knew that going in. She stated the traffic and safety issues are real and she has a problem with a Taco Bell and drive through adjacent to homes. Councilwoman Schmidt stated the City Council has a responsibility to the residents to help them maintain their properties and no one should have to live next to a drive through. Councilwoman Ziarko agrees with the comments made by Councilwoman Schmidt and stated it is not the right fit for the neighborhood. She doesn't want it in her backyard and Regular City Council Meeting Tuesday, April 15, 2014 Page 12 will not put it in the residents' backyard. She also made reference to the fact that the third amendment stated there would not be a Taco Bell. Councilman Romano stated to Ms. Adair that he does not have any personal interest in Poplar Properties and that he has never owned, leased, been a partner in or any part of this and her comments are incorrect. Councilman Taylor stated to Ms. Adair that he never made the comments that the residents did not do their homework or didn't know what they were buying into. He had said that Mound Road is an industrial corridor and heavy traffic road. He believes in individual property rights and we need to let people develop their properties to the highest and best use and he stated the market shows that Taco Bell would be the best use. He will be voting no on the motion on the floor. Councilman Skrzyniarz stated the Council's first priority is to the residents and not to private investors. He will not make a decision that will decrease the quality of life for the residents that pay taxes here. He will be supporting the motion on the floor. Councilwoman Koski will be supporting the motion on the floor for the same reasons as Councilwoman Schmidt. She is not comfortable with a fast food restaurant so close to the residents. Mayor Notte also agrees that a Taco Bell will not fit in this location. He discussed the hours of operation and the fact that they would be open until 4:00 in the morning. He stated the residents have just as much invested in their property as the petitioners. He wouldn't want it in his backyard either. Roll call vote on motion to deny the Fifth Amended Conditional Rezoning Agreement: Yes: Schmidt, Ziarko, Koski, Notte, Skrzyniarz. Abstain: Romano. No: Taylor. Regular City Council Meeting Tuesday, April 15, 2014 Page 13 The motion carried. Mayor Notte called a five minute recess at 9:58 p.m. Mayor Notte reconvened the meeting at 10:08 p.m. COMMUNICATIONS FROM CITIZENS Mr. Harry Marchlones - Retire/Rehire program. Mr. Jeffrey Norgrove - Record snowfall/commended DPW for street clearing and pot hole patching; Urged residents to attend the next Budget workshop. Mr. Giulio Russo - Need for light at intersection of Dobry and Merrill; Placement of arrows on pavement at the end of Catalpa and driveway into Walmart; Gravel piling up on private property from road patching. Mr. Joe Judnick - Expressed appreciation to Mayor Notte and Councilman Romano for their kind words on the passing of his wife. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no reports at this time. ADJOURN Moved by Romano, seconded by Skrzyniarz, to adjourn the meeting. Yes: Romano, Skrzyniarz, Taylor, Koski, Notte, Schmidt. Absent: Ziarko. The motion carried. The meeting was adjourned at 10:17 p.m. MARK CARUFEL, City Clerk