City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 20, 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. Council Member absent: 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: Koski, Romano, Schmidt, Skrzyniarz, Taylor, Notte. Absent: Ziarko. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the upcoming holiday weekend and stated City offices and 41-A District Court Building would be closed for the entire Memorial Day weekend including Friday, May 23, 2014. There will be no refuse collection on Monday only. Refuse collection will resume on Tuesday and will be delayed one day through the end of the week. Regular City Council Meeting Tuesday, May 20, 2014 Page 2 Mr. Vanderpool reminded residents that Sterling Heights' 35th Annual Memorial Day Parade will be held on Monday, May 26. Festivities begin with a 9 a.m. Memorial Day Ceremony in the courtyard between City Hall and the Police Department. The ceremony features remarks from the 2014 Grand Marshall/retired Michigan Army National Guard Lieutenant Colonel Timothy Malone, Mayor Richard Notte and Cultural Commission Chairman Donald Schinzing. He stated nearly 100 entries, including numerous floats, veterans group, community organizations and five local high school marching bands will head south to Heritage Junior High. The Moslem Shriners along with their team of volunteer clowns, cowboys, musicians, motorcyclists and more will also make their annual appearance in the Sterling Heights Memorial Day Parade. Mr. Vanderpool reminded residents of the required Park Permits if they are planning a family or group picnic at Dodge Park this summer. He pointed out the permit is required whether or not a pavilion is rented. Mr. Vanderpool reported the Parks and Recreation Department offers four picnic pavilions for rental: two pavilions at Dodge Park, one at Nelson Park and one at Farmstead Park. Mr. Vanderpool announced the Parks and Recreation Department rents picnic kits from Memorial Day until Labor Day. They can be reserved, picked up and dropped off at the Parks and Recreation building. The Picnic Kit includes: frisbee, football, volleyball, whiffleball & bat, base set, basketball, soccer ball, ring toss, tug-O-war rope, softballs, bocce ball, 6 burlap sacks for races, kickball, 6 wooden eggs & spoons, dodge ball and bean bag toss. Regular City Council Meeting Tuesday, May 20, 2014 Page 3 Mr. Vanderpool reminded residents that pets must be kept on a 6 foot leash while in the parks. Mr. Vanderpool reported the SHINE Program is in full swing and inspectors are out looking for violations. He stated any grass over 6" is ticketed and cut within a couple of days. He asked residents to call 446-CITY if they are aware of any grass in their neighborhood that needs cutting. Mr. Vanderpool gave an update on the new Rental Inspection Program and stated there are approximately 2000 rental homes in the community. The City is making sure the property is maintained to the City standards. ORDINANCE ADOPTION 1. Moved by Romano, seconded by Schmidt, RESOLVED, to adopt an ordinance approving the First Amended and Restated Development Plan and Tax Increment Financing Plan for the Corridor Improvement Authority for the City of Sterling Heights pursuant to and in accordance with the provisions of Act 280 of the Public Acts of the State of Michigan of 2005, as amended: CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN ORDINANCE NO. 434 Regular City Council Meeting Tuesday, May 20, 2014 Page 4 AN ORDINANCE OF THE CITY OF STERLING HEIGHTS AMENDING CHAPTER 2 OF THE CITY CODE, ENTITLED “CORRIDOR IMPROVEMENT AUTHORITY,” TO APPROVE AND INCORPORATE INTO THE CITY CODE THE FIRST AMENDED AND RESTATED DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN FOR THE CORRIDOR IMPROVEMENT AUTHORITY IN ACCORDANCE WITH ACT 280 OF THE PUBLIC ACTS OF THE STATE OF MICHIGAN OF 2005, AS AMENDED. THE CITY OF STERLING HEIGHTS ORDAINS: SECTION 1. Sections 2-150.9A and 2-150.9B of Division 8 of Article III, Chapter 2 of the Code of Ordinances shall be amended to read as follows: 2-150.9A DETERMINATION AND FINDINGS. Having provided notice of and conducted a public hearing in accordance with the requirements of Section 22 of the Act; and, having provided through this hearing the fullest opportunity for expression of opinion, for argument on the merits, and for consideration of documentary evidence pertinent to a proposed First Amended and Restated Development Plan and Tax Increment Financing Plan as recommended by the authority; and, having considered all the information presented in the course of the public hearing; the Council has determined that the First Amended and Restated Development Plan and Tax Increment Financing Plan constitute a public purpose; and, the Council further finds that: (A) The methods of financing the proposed improvements within the development area are feasible and the authority has the ability to arrange the financing; (B) The proposed improvements within the development area are reasonable and necessary to carry out the purposes of the Act; (C) The land included within the development area to be acquired, if any, is reasonably necessary to carry out the public purposes of the First Amended and Restated Development Plan and the Act in an efficient and economically satisfactory manner; (D) The First Amended and Restated Development Plan is in reasonable accord with the master land use plan of the city; (E) Public services, such as fire and police protection and public utilities are and will be adequate to service the development area; and, (F) Changes in zoning, streets, street levels, intersections, and utilities are reasonably necessary for the city and the development area situated therein. (Ord. No. 387 § 1, 12-19-06; Ord. No. 434, §1, 5-20-14) Regular City Council Meeting Tuesday, May 20, 2014 Page 5 2-150.9B. APPROVAL OF FIRST AMENDED AND RESTATED DEVELOPMENT PLAN AND TAX INCREMENT FINANCING PLAN. A First Amended and Restated Development Plan and Tax Increment Financing Plan for the authority is approved and incorporated by reference into the ordinances of the city as if fully set forth here. A copy shall be maintained at the office of the city clerk for inspection by members of the public. (Ord. No. 387 § 1, 12-19-06; Ord. No. 434, §1, 5-20-14) SECTION 2. All other provisions of the Code of Ordinances not specifically amended shall remain in full force and effect. SECTION 3. This ordinance shall become effective immediately upon publication of a notice of adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 6th day of May, 2014, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 20th day of May, 2014. _______________________________ RICHARD J. NOTTE, Mayor _______________________________ MARK CARUFEL, City Clerk INTRODUCED: 05-06-14 ADOPTED: 05-20-14 PUBLISHED: 05-25-14 EFFECTIVE: 05-25-14 Yes: Romano, Schmidt, Skrzyniarz, Taylor, Koski, Notte. Absent: Ziarko. 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 May 6, 2014, as presented. Regular City Council Meeting Tuesday, May 20, 2014 Page 6 B: To approve payment of the bills as presented: General Fund - $330,601.69, Water & Sewer Fund - $990,161.89, Other Funds - $948,318.84, Total Checks - $2,269,082.42. C. RESOLVED, to award the bid for print shop paper and envelopes to Xpedx Paper & Graphics, Inc., 1376 Rankin, Troy, MI 48083, for the period of six months from date of bid award at the unit prices bid, and authorize the City Manager to exercise the option to extend the bid period for an additional six- month period, upon mutual consent. D. RESOLVED, to split the award of the bid for the purchase, maintenance and rental of generators as follows: (a) To American Generators Sales and Service LLC, 6158 Delfield Drive, Suite C, Waterford, MI 48329, for the purchase of one Blue Star JD-200- 01 three-phase trailer mounted diesel generator in the amount of $76,311 and authorize a budget amendment using Water & Sewer retained earnings for this purchase; (b) To GenPower Products, Inc., 29905 Anthony Drive, Wixom, MI 48393, for the maintenance of twelve generators for a two-year period, with an option to extend the bid award one-year upon mutual consent, at the unit prices bid; and, (c) To GenPower Products, Inc., 29905 Anthony Drive, Wixom, MI 48393, for the rental of generators for a two-year period, with an option to extend the bid award one-year upon mutual consent, at the unit prices bid. Regular City Council Meeting Tuesday, May 20, 2014 Page 7 E. RESOLVED, to award the bid for the rental of portable toilets and sinks to Greenwood Enterprises, Inc., d/b/a Jay's Septic Tank Service, 2787 Greenwood Road, Lapeer , MI 48446, at the unit prices bid for a one-year period, with an option for the City Manager to extend the bid award for three one-year terms upon mutual consent under the same terms and conditions. F. RESOLVED, to approve the purchase of six 2014 Chevrolet Caprice police patrol vehicles from Berger Chevrolet, 2525 28th Street S.E., Grand Rapids, MI 49512, through the Oakland County cooperative bid at a total cost of $158,238 and to authorize a budget amendment using reserves from the Capital Project Fund. G. RESOLVED, to award the bid for pavement striping to R.S. Contracting, Inc., 9276 Marine City Highway, Casco Township, MI 48064, for a three-year period at unit prices bid. H. RESOLVED, to waive the competitive bidding process in accordance with City Code §2-217(A)(9)(a) and purchase mowing and maintenance services for designated public right-of-ways from Green Meadows Lawnscape, Inc., 47515 Ryan Road, Shelby Township, MI 48317 through November 30, 2014 at unit costs of $4,175 and $4,285 per revolution and authorize a budget amendment to Major Road Fund reserves. I. RESOLVED, to adopt the resolutions in support of the applications by the City of Sterling Heights for fiscal year 2017 Local Bridge Program Funding for preventative maintenance work on: Regular City Council Meeting Tuesday, May 20, 2014 Page 8 (a) 15 Mile Road Bridge over the Red Run Drain and the Maple Lane Bridge over the Red Run Drain; and (b) Riverland Bridge over the Clinton River. ~ RESOLUTION ~ A resolution in support of the application by the City of Sterling Heights for Local Bridge Program Funds to facilitate the rehabilitation of the 15 Mile Road Bridge over the Red Run Drain and the Maple Lane Drive Bridge over the Red Run Drain  The city of Sterling Heights is a large municipality whose population according to the U.S. Census in 2010 is 129,699;  The 15 Mile Road Bridge over the Red Run Drain is located east of Schoenherr Road and serves as a critical connection for east-west vehicular traffic. This bridge facilitates access to manufacturing and commercial properties along Van Dyke and Mound Road, including major automotive manufacturing facilities employing a substantial workforce. Residential areas with substantial population densities also lie in the immediate vicinity of this structure. This bridge is traversed daily by emergency medical vehicles dispatched from Fire Station No. 4 situated just west of the bridge. The Freedom Hill Amphitheater is located within one mile of this bridge and attracts a large number of patrons for its summer outdoor concerts and events.  The Maple Lane Bridge over the Red Run Drain is located north of 14 Mile Road and serves as a critical north-south connection for vehicular traffic. This bridge facilitates the movement of traffic to industrial, commercial, and residential destinations within the City.  The cumulative economic, as well as practical, importance of these two structures is significant;  The 15 Mile Road Bridge was built in 1992. The average daily traffic (ADT) in 2007 was 20,593 vehicles per day with a projected ADT of 23,400 vehicles by 2020;  The Maple Lane Drive Bridge was built in 1985. The average daily traffic (ADT) in 2007 was 11,575 vehicles per day with a projected ADT of 13,200 vehicles by 2020;  The 15 Mile Road and Maple Lane Drive Bridges over the Red Run Drain have each experienced a significant amount of deterioration to their expansion joints, as Regular City Council Meeting Tuesday, May 20, 2014 Page 9 noted during recent inspections. The deterioration of the expansion joints has led to the gradual deterioration of the substructure beneath the bridge decks as water leaks down through the joints. This deterioration will increase until the expansion joints are replaced; and,  It is important to the health, safety, and welfare of the residents and businesses of this community to complete preventative maintenance work on these bridges; NOW, THEREFORE, BE IT RESOLVED, that the Sterling Heights City Council, for and on behalf of its manufacturing and commercial businesses and residents, does hereby endorse and support the application to secure Local Bridge Program Funds for the rehabilitation of the 15 Mile Road Bridge over the Red Run Drain and Maple Lane Bridge over the Red Run Drain Adopted this 20th day of May, 2014. Ayes: Koski, Romano, Notte, Schmidt, Skrzyniarz, Taylor Nays: Absent: Ziarko Mark Carufel, City Clerk/Risk Manager ~ RESOLUTION ~ A resolution in support of the application by the City of Sterling Heights for Local Bridge Program Funds to facilitate the rehabilitation of the Riverland Drive Bridge over the Clinton River Regular City Council Meeting Tuesday, May 20, 2014 Page 10  The city of Sterling Heights is a large municipality whose population according to the U.S. Census in 2010 is 129,699;  The Riverland Drive Bridge over the Clinton River is located east of Van Dyke Road (M-53) and serves as critical connection for east-west vehicular traffic. This bridge facilitates access to manufacturing and commercial properties along Van Dyke and Mound Road, including major automotive manufacturing facilities employing a substantial workforce. Residential areas with substantial population densities also lie in the immediate vicinity of this structure. The economic, as well as practical, importance of this structure is significant;  The Riverland Drive Bridge was originally built in 1964 and rebuilt in 1998. The average daily traffic (ADT) in 2007 was 13,254 vehicles per day with a projected ADT of 17,100 vehicles by 2020;  The Riverland Drive Bridge is constructed of unpainted self-weathering ASTM A588 steel beams and diaphragms. Throughout the steel superstructure, light rusting has been observed. Of particular note is the pack rust that has begun to develop beneath the leaking expansion joint over the center pier. In order to preserve the integrity of the structural steel beneath the expansion joint and elsewhere, the cleaning and coating of the structural steel including the beams, diaphragms, stiffeners and bearings, as well as the replacement of the expansion joint gland, is necessary; NOW, THEREFORE, BE IT RESOLVED, that the Sterling Heights City Council, for and on behalf of its manufacturing and commercial businesses and residents, does hereby endorse and support the application to secure Local Bridge Program Funds for the rehabilitation of the Riverland Drive Bridge over the Clinton River. Adopted this 20th day of May, 2014. Ayes: Koski, Romano, Notte, Schmidt, Skrzyniarz, Taylor Nays: Absent: Ziarko Mark Carufel, City Clerk/Risk Manager Regular City Council Meeting Tuesday, May 20, 2014 Page 11 K. RESOLVED, to receive the lawsuit, Langstaff vs. City of Sterling Heights, et al; United States District Court Case No. 2:13-cv-14487-PJD-DRG. Yes: Koski, Romano, Schmidt, Skrzyniarz, Taylor, Notte. Absent: Ziarko. The motion carried. CONSIDERATION 3. Mr. Charlie Piscopink and Mr. Tom Wolshon from St. Malachy Men's Club explained their request for recognition as a local nonprofit organization for the purpose of obtaining a State of Michigan charitable gaming license. Moved by Schmidt, seconded by Skrzyniarz, RESOLVED, that the request from St. Malachy Men's Club, of Sterling Heights, County of Macomb, asking that they be recognized as a nonprofit organization 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 Sterling Heights should not be listed on any promotional materials associated with their charitable gaming activities. Yes: Schmidt, Skrzyniarz, Taylor, Koski, Notte, Romano. Councilwoman Schmidt stated that she’s familiar with the St. Malachy Men’s Club and requested an explanation of the charitable programs the Men’s Club supports. Mr. Charlie Piscopink stated that St. Malachy Men’s Club provides scholarships for high school seniors, dinner for the homeless, sponsorship of community families for Christmas food and gifts, as well as providing help for senior citizens. Councilwoman Schmidt stated that she has respect for St. Malachy Men’s Club. Regular City Council Meeting Tuesday, May 20, 2014 Page 12 Absent: Ziarko. The motion carried. 4. Moved by Koski, seconded by Schmidt, RESOLVED, to approve the minutes of the Special Meeting of the City Council for April 14, 2014, as corrected. Yes: Koski, Schmidt, Skrzyniarz, Taylor, Notte, Romano. Absent: Ziarko. The motion carried. 5. Mayor Notte recommended the nomination of Edward Kopp, Jeffrey Norgrove and Leonard Reinowski to the Planning Commission for a term ending June 30, 2017. Moved by Schmidt, seconded by Romano, RESOLVED, to nominate Edward Kopp, Jeffrey I. Norgrove and Leonard Reinowski for consideration as appointees to the Planning Commission at the June 3, 2014 regular City Council meeting. Yes: Schmidt, Romano, Skrzyniarz, Taylor, Koski, Notte. Absent: Ziarko. The motion carried. Moved by Romano, seconded by Skrzyniarz, RESOLVED, to nominate Laura Szpont for consideration as an appointee to the Zoning Board of Appeals at the June 3, 2014 regular City Council meeting. Yes: Romano, Skrzyniarz, Taylor, Koski, Notte, Schmidt. Absent: Ziarko. The motion carried. Moved by Skrzyniarz, seconded by Schmidt, RESOLVED, to nominate John P. Pitrone for consideration as an appointee to the Board of Ordinance Appeals at the June 3, 2014 regular City Council meeting. Yes: Skrzyniarz, Schmidt, Taylor, Koski, Notte, Romano. Absent: Ziarko. The motion carried. Regular City Council Meeting Tuesday, May 20, 2014 Page 13 Moved by Schmidt, seconded by Romano RESOLVED, to nominate Al L. Kollmorgen for consideration as an appointee to the Board of Ordinance Appeals II at the June 3, 2014 regular City Council meeting. Moved by Romano, seconded by Notte, RESOLVED, to nominate Stephen Bilan and Raymond Nadolski for consideration as appointees to the Board of Review at the June 3, 2014 regular City Council meeting. Yes: Romano, Notte, Schmidt, Skrzyniarz, Taylor, Koski. Absent: Ziarko. The motion carried. Moved by Schmidt, seconded by Romano, RESOLVED, to nominate Robert C. Maleszyk for consideration as an appointee to the Pension Board - Police and Fire Departments at the June 3, 2014 regular City Council meeting. Yes: Schmidt, Romano, Skrzyniarz, Taylor, Koski, Notte. Absent: Ziarko. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Charles Jefferson - Park security, bicycle speed limits; Noise ordinance as it relates to grass cutting; Need for Yield or Stop Sign at Hartwick and Westminster. Mr. James Stajos, owner of Pro Fireworks - Plastic Bag advertising containing summary of City ordinance as it relates to the use of fireworks. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Bahorski. Mr. Vanderpool responded to Mr. Jefferson's question as it relates to the times allowed for grass cutting - 7:00 a.m. is the earliest and up until 9:00 p.m. Regular City Council Meeting Tuesday, May 20, 2014 Page 14 UNFINISHED BUSINESS There was no Unfinished Business discussed at this time. NEW BUSINESS 1. Councilwoman Schmidt complimented the DPW on the use and success of the new patching equipment on the south side of 15 Mile Road between Schoenherr and Moravian Drive. 2. Councilman Taylor discussed the fact that residents of Sterling Heights may not be adequately protected against discrimination in their employment, housing, public accommodations and in their jobs. He believes there is a gap in protection as it relates to sexual orientation and there is no recourse. Councilman Taylor stated it is protection that should be afforded to people that is not afforded to them in Sterling Heights or many other places in the State of Michigan. He pointed out 33 cities in Michigan have adopted non-discriminatory ordinances and he hopes Sterling Heights could be the 34th. Councilman Taylor read the Council Rules and Ethnics and what is expected of the City Council and stated they have an opportunity to live up to the Council rules and ethics. He would like to have the Administration present an ordinance closing the gaps and protecting our residents. He stated he would like that ordinance to be presented at the first meeting in June. Councilman Romano questioned a person's legal rights to claim discrimination based on their sexual orientation. He requested Mr. Bahorski present the City Council with some case studies as it relates to the gap in the law for gay-lesbian rights. Regular City Council Meeting Tuesday, May 20, 2014 Page 15 Councilwoman Schmidt questioned enforcement and the cost incurred by the City. Councilwoman Koski had the same concern about enforcement. ADJOURN Moved by Romano, seconded by Schmidt, to adjourn the meeting. Yes: Romano, Schmidt, Skrzyniarz, Taylor, Koski, Notte. Absent: Ziarko. The motion carried. The meeting was adjourned at 8:05 p.m. MARK CARUFEL, City Clerk