City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JUNE 3, 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 reported Cedar Point tickets may be purchased at a savings of $13.50 off the gate price at the Parks & Recreation Office. Mr. Vanderpool reported State law prohibits the City from regulating the use of "consumer fireworks" on the day before, the day of, and the day after a national holiday. This means that everyone has a right to "use" the type of fireworks that discharge into the air for 30 days each year. The national holidays are: New Year's Day, Martin Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day. During these days, legal fireworks can only be discharged from 8:00 am to 12:00 am and only on private property with permission. The City has enacted an ordinance, which prohibits the use of these same "consumer fireworks" for the remaining 335 days each year. He pointed out there are also a number of other restrictions in terms of where they could be set off, distance from buildings, public property, private property, etc. and this information is available on the City's web page. Regular City Council Meeting Tuesday, June 4, 2014 Page 2 Mr. Vanderpool reported the City of Sterling Heights is celebrating 39 years of musical excellence and the 2014 Music in the Park concert series will be held most of June and part of July at 7 pm at the Dodge Park Band Shell. The schedule is as follows: June 12, June 19, June 26, July 3, July 10 and July 17. The bands include Party Band, Country, Oldies, Variety, 80's and a Tribute to Rod Stewart. He pointed out there are children's activities also at each music event. The last one will conclude with a "Cool Car" Rally. PRESENTATION Police Chief Mike Reese congratulated Police Sgt. and Author, Paul LaBaere, for his 25- year dedication to the Sterling Heights Police Department and for the publication of his new book, Brick by Brick--Building Our Family's Mission. A short video was shown explaining how the book idea started, that it is geared to students in the 2nd to 5th grades and provides a good opportunity for parents to read along and begin a dialog about establishing their family's goals. The book portrays police officers in a positive light to allow children to change their perceptions on how they perceive police officers. Sgt. LaBaere presented four copies of his book to the Sterling Heights Public Library Director Tammy Turgeon. He thanked the City Council for their support in getting him closer to his goal and gave each a copy of his book for their own children or grandchildren. Moved by Romano, seconded by Schmidt, RESOLVED, to acknowledge and accept the donation of two copies of Brick by Brick--Building Our Family's Mission to the Sterling Heights Public Library Children's Collection by author, Sgt. Paul LaBaere, of the Sterling Heights Police Department. Yes: All. The motion carried. Mr. Vanderpool made a presentation explaining the Sterling Heights' 2030 Vision Statement and Guiding Principles. He stated the City needed to take a hard look at its future and the City Administration determined that the best way to prepare for the future was to undergo a thorough visioning process. Over the course of the last six months, the visioning process has proceeded with the help of the 20 member visioning team. He stated the final product would be presented to the City Council this evening. He Regular City Council Meeting Tuesday, June 4, 2014 Page 3 introduced Ms. Ginger Juncker of the Southeast Michigan Council of Governments to further explain the process. Ms. Juncker explained she would reviewing the visioning process and the timeline, Lt. Dale Dwojakowski would be updating the SWOT (Strengths, Weaknesses, Opportunities and Threats) diagram, Tammy Turgeon would be reviewing the Vision Statement and Guiding Principles and Mr. Vanderpool would discuss the plan. She asked the 20 members of the team to stand up at this time: Jeff Bahorski, Brian Baker, Brent Bashaw, Walt Blessed, Mark Carufel, Jason Castor, Sal Conigliaro, Steve Deon, Dale Dwojakowski, Steve Guitar, Barry Hicks, Kyle Langlois, Chris Martin, Mike Moore, Mike Reese, Kathryn Ribant-Payne, Dan Rizek, Tammy Turgeon, Mark Vanderpool and Jennifer Varney. Ms. Juncker used a PowerPoint presentation to explain the process in detail. She explained how the process began with the assembling of the Visioning Team, the resources used, that included the recently conducted Citizen Service Satisfaction Survey, prior versions of existing formal plans as well as supporting SEMCOG data to develop a strengths, weaknesses, opportunities and threats analysis. The Team engaged in various stakeholder groups including businesses, residents, City officials and employees. The Team accomplished this effort through Focus Groups and Surveys. The Visioning Team gathered feedback on the initial SWOT diagram and gained insight and understanding of the stakeholders' values. The vision process and timeline was as follows: Presentation to the City Council January 28, 2014, Visioning Team Kick-Off February, 2014, SWOT Diagram, February, 2014, Focus Groups & Surveys March, 2014, Vision/Strategic Plan Development April/May, 2014 and Report to City Council June 3, 2014. Ms. Juncker introduced Lt. Dale Dwojakowski to review the SWOT diagram. Lt. Dwojakowski thanked Ms. Juncker for all her hard work in fostering this process. He explained the SWOT analysis and visioning feedback which resulted in the following strengths: Central location, Public Safety Services, Quality of Life-Services, Diverse Community, Low cost, full-service government organization, Good schools, Industry, manufacturing, defense, Parks - land/green space and Safety. Lt. Dwojakowski pointed out the weaknesses identified: Lack of attractions/things to do, Aging infrastructure, Lack of a defining feature(s), Drastic reductions in (city) staff, Residential property Regular City Council Meeting Tuesday, June 4, 2014 Page 4 maintenance issues, Appearance of commercial properties, Lack of cultural understanding/acceptance. The Opportunities identified include: Regionalization/Partnership, Redevelopment, Redevelop in a GREEN way, Non-typical - include new things, Partnership with School Districts, Develop Clinton River, Regional bike trail hub, Develop full service community center, Community focus area(s), Defining Sterling Heights, Dodge Park, Something to draw people in, Leverage Lakeside Mall property, How to best market ourselves, Town Center, Defense industry - capitalize on this, Set Sterling Heights apart from others, Spruce up/beautify medians, Keep areas clean, Get businesses to adopt the medians, Leverage parks, Common location and College courses, skills needed in our industries, etc. Lt. Dwojakowski explained the threats identified: Aging demographics, Lower household income, Regional problems, Other "more attractive" municipalities, Declining revenue, Diversity, Retail trends, Infrastructure and Increase of crime. Library Director Tammy Turgeon read the Sterling Heights 2030 Vision Statement crafted by the Visioning Team for the City of Sterling Heights' future: A vibrant, inclusive community for residents and businesses that is safe, active, progressive and distinctive. Sterling Heights - a bold vision for an exceptional quality of life. She stated the Guiding Principles are: Safe, well maintained and desirable neighborhoods enhanced by great schools, Plentiful leisure and recreation opportunities featuring fully utilized parks, Abundant pathways for biking and walking, Focal points that are both public and private to serve as destinations for residents and visitors, Well maintained and aesthetically pleasing roads and green spaces, Successful, vibrant and attractive commercial centers with unique offerings and Destination for high-tech and emerging industries and entrepreneurs. Mr. Vanderpool discussed the Action Plan, as follows: Short-term actions: Finalize report and prepare Agenda Statement, Post on intranet with a link to employees, Following City Council approval, begin branding and marketing of 2030 Visioning. Long-term actions: Summer 2014 for Master Plan Preparation, Bike and Street Plan Update and Human Resource Plan Updates. Fall of 2014 for Parks and Recreation Plan Preparation. As far as the ongoing plan, the Visioning Team will meet monthly for the foreseeable future to Regular City Council Meeting Tuesday, June 4, 2014 Page 5 continue the vision implementation process, receive and review committee reports on action plan activities and evaluate progress and results. Mr. Vanderpool thanked the City Council for their efforts and requested the City Council approve the Vision Statement and Guiding Principles. He thanked Ginger Juncker for her hard work in coordinating the efforts, the Visioning Team, City Council and Mayor. Moved by Schmidt, seconded by Ziarko, RESOLVED, to receive and approve the 2030 Vision Statement and Guiding Principles and acknowledge the contributions of the elected and appointed officials, residents and business owners, and employees to the visioning process. Councilwoman Schmidt extended kudos to the entire Visioning Team and stated she appreciates all the hours spent. Councilwoman Ziarko echoed the comments of Councilwoman Schmidt. She found it very interesting that everyone wanted to improve and make the City better. Yes: All. The motion carried. ORDINANCE INTRODUCTION 1. Mr. Donald DeNault, Jr., Assistant City Attorney, explained the new ordinance proposed to amend Chapter 25 of the City Code by adding Article I to prohibit discrimination in housing, employment and public accommodations. He stated they tried to protect the new classes at the local level and create a system where residents and businesses could come to the City if they feel they have been discriminated against. The City can investigate those cases, and if it has merits, they could provide an option for the new protected classes and provide remedies. If this is not possible, there would be an option for a penalty or fine and the option for citizens to seek recourse in Court. The following persons addressed the Council: Mr. Nate Shannon, Co-chair of 1 SH, supports the efforts of the proposed non- discriminatory ordinance in our City. He stated the passage of this ordinance shows that Sterling Heights is willing to make the tough decisions. He believes it is a positive step forward for Michigan to stay competitive. Mr. Shannon asked the City Council to pass this ordinance to include protections for the LGBT community. Regular City Council Meeting Tuesday, June 4, 2014 Page 6 Mr. Mike Lombardini spoke in favor of the ordinance and thanked Councilman Taylor and Councilman Skrzyniarz for bringing up this topic. He pointed out the changes that have occurred over the years for minorities and stated discrimination is morally wrong. He urged the City Council to do the right thing. Ms. Julie Bondy is a Sterling Heights resident and co-chair of 1 SH. She pointed out the LGBT community is in fear of losing their jobs. She believes this issue is about having equal rights and it will have a positive impact on our children's future. Ms. Bondy stated the City of Sterling Heights could be the first in Macomb County to pass such an ordinance. Ms. Petrosek spoke in support of the ordinance. She believes this is a civil rights issue and a logical, progressive step in the way our whole society should be. Mr. Rod Moss, Field Director for the American Civil Liberties of Michigan, applauded the Council and Mayor for considering this important step to prohibit discrimination and for broadening the categories. He stated it is legal in Michigan to fire someone because they are gay or transgender or simply perceived to be. He stated there are 32 cities in Michigan that currently have LGBT inclusive ordinances in effect. He offered his technical or legal assistance to the City. Ms. Lisa Schultz is a firefighter for the City of Sterling Heights and believes this is a chance for the City to be progressive and lead the way in Macomb County by passing this ordinance. She is also a Co-chair of 1 SH. Ms. Schultz stated this is the best time to pass this ordinance before another municipality in Macomb County does it and this is the best City Council to do it. Rev. McKail Pearl, ordained minister in the United Church of Christ, serving two Macomb County congregations and presently serving as the Executive Director of the County Wide Not for Profit and Co-chair of 1 SH, the coalition for the passage of the non-discriminatory ordinance stated it is wrong to discriminate against the Lesbian, Gay, Bi-sexual and Transgender community and this is why the ordinance must and should be passed. Mr. Joel Thomas stated the role of government is to protect everyone's rights, as long as they don't violate others. Regular City Council Meeting Tuesday, June 4, 2014 Page 7 Fr. John Simko from St. Cyril Slovak Catholic Church stated he would not speak against this ordinance because it is not his place and he accepts everyone for who they are. He cautioned the City Council not to let political correctness get in the way of reason. He believes there might be a need for further discussion. Mr. Brett Scott, City Commissioner for the City of Pleasant Ridge, is happy to support the City of Sterling Heights in any way the City needs. He stated they passed an ordinance last year that was not political and very similar to this one. The ordinance helped them explain how good of a community they were. He urged the City Council to look at the Human Rights Campaign organization's Municipal Quality Index, which measures the municipalities on their management of diversity and their inclusiveness for the LGBT community. Mr. Joe Judnick of Mulberry Drive, Sterling Heights, runs a business and he doesn't believe he has ever discriminated against anyone because he never asked. He questioned whether the City Council members are aware of any instances of discrimination in the City of Sterling Heights. He stated if Council members are aware of any discrimination, they should adopt this ordinance, but he has never heard of any discrimination in this City. Mr. Ike Cabase spoke in favor of the ordinance, but stated he has not heard anything about the seniors and they should be remembered in all of this. Mr. Ron Albers lives in Sterling Heights and opposes this ordinance. He stated we don't need this ordinance because there are already a number of state, county and federal laws to address this issue. Mr. Coulder wanted to know if there were various terms used in the ordinance, such as "minority", "majority", "African-American", "Black", "Latino", "Hispanics" "Women" or "Homosexuals" and if the term "Caucasian" or "White" is in the ordinance. Ms. Joanna Hill of Hazel Park related the story of her birth. She discussed her job as an electrical engineer and pointed out some of her patents. Ms. Hill stated there are jobs in her company that they can't fill and the reason, according to the ACLU, is that the college students today do not perceive Southeast Michigan as a Regular City Council Meeting Tuesday, June 4, 2014 Page 8 nice place to live and that perception needs to be changed. She asked the City Council to please pass this ordinance and protect them from further discrimination. Ms. Senna Elias of Sterling Heights believes kids are not staying here because there are no good paying jobs. She stated if this law passes, there will be a lot of laws against Christians for holding up their values and their faith. There are existing laws for everyone under the Constitution and there is no need to create another law for a special group of people. She also expressed concern with the fact that the people don't have all the facts and more information should have been presented before the Council takes any action on an ordinance. She stated being the first is not always the best thing to do. We need to honor all people. Mr. Fred Kummer agrees with the pastor that spoke from St. Cyril. He stated this proposal did not even appear on the website until the end of May and there was not enough time for residents to research the issue and voice their concerns. He appreciates the way the City Council handled the dog ordinance and listened to the residents and hopes they would allow the residents more time on this ordinance. Mr. Kummer doesn't believe our businesses are discriminating against people in Sterling Heights. This ordinance does not protect religious rights or freedom of speech. Mr. Geoff Gariepy stated he supports this ordinance, regardless of who he is or what he believes. These ordinances are necessary to protect the interest of the people who have to hide because they would be discriminated against. He stated freedom is for all of us and sometimes freedom makes us uncomfortable. Mr. Gariepy said he heard we don't discriminate in Sterling Heights, yet there are people here speaking in opposition to this ordinance. He urged members of City Council to vote in favor of this ordinance. Mr. Jim Ellison, Mayor of the City of Royal Oak, went on line and read this ordinance. He stated they passed an ordinance like this and it was a long process. He stated it is the job of local representatives to protect their citizens and right Regular City Council Meeting Tuesday, June 4, 2014 Page 9 now there is no protection for them. He urged the Council to do what is best for everyone and offered his assistance. Ms. Rose Johston believes she is giving up some of her rights if this is not passed. She sees no reason not to pass this ordinance. For those who are opposed for religious reasons, they are covered in the civil rights act. She stated it should be justice for all and not for some. Mr. Joe Shriver, Sterling Heights resident and retired Detroit Police officer, has a problem with the ordinance starting with Section 25.12 through 25.16. He stated the City Manager has a City to run and he should not be responsible for handling complaints filed for discrimination. He stated there are a lot of people's rights that have to be protected and he doesn't believe this ordinance addresses that. Mr. Charles Jefferson believes this ordinance should be postponed for further discussion with the residents and businesses. He stated people are confused about this ordinance and suggested a committee be formed to address all the issues. He believes this ordinance is too vague and the Council should not vote on it at this meeting. Second Lt. Eric Strong, United States Air Force, stated he works with many of our sons and daughters at universities and he finds it very difficult sometimes to express himself at work in the way he would be most effective because he is distracted by concerns of his status being discovered. He is speaking to the City Council because this is an issue that affects people who do not appear to be the one you might see. Mr. Ty Owens, graduating senior from Stevenson High School, stated they still have their free speech and this is very essential to society as a whole. People should be judged on their merits, not sexual orientation. Mrs. Ester Runyon, Sterling Heights resident, stated not all corporations are jumping on the band-wagon to add language of sexual orientation and gender identity to their Equal Employment Opportunity statement. She pointed out Exxon Mobil voted down by over 80% to include that language because Regular City Council Meeting Tuesday, June 4, 2014 Page 10 companies feel there is enough protection. She cautioned the City Council to move slowly on this issue. Ms. Lori Tatters stated sexual preference is never brought up when employment is being discussed in the businesses she runs in Sterling Heights. She asked the City Council to look at the history of some of these sexual orientation laws and study this very carefully. Ms. Tatters urged the City Council to listen to the residents. Mr. Jeffrey Norgrove pointed out to the residents that the City Council's packet is available online the Thursday before the meeting and nothing is held back. He is in favor of equality across the board and stated City government is here to protect the citizens. Mr. Norgrove pointed out all people have feelings that could be hurt. Mrs. Mary Kumar stated this is a far more important issue than whether or not people are allowed to breed pit bulls and have them in their home. She is sorry to see the hesitancy here with this issue. She has always been taught to treat people equally and this is not about treating people equally. Ms. Kumar is concerned that this issue is going to pit people against each other. She doesn't believe the City Council should be rushing into this and more research is needed on the ramifications of this ordinance. Ms. Rachel Fielding, a resident of Sterling Heights, stated at the basis of all of this is everyone's basic civil rights. A person's religious rights should not trump everyone's civil rights. People should live and be who they are. Mr. Tim Townsend just found out about this ordinance earlier this week and he is opposed to it. He stated laws that divide people into groups set people against each other. He stated people are actually hurt and their rights are being taken away. Mr. Townsend stated the Council would be wise to think this through very carefully. Mr. Don Cavanaugh stated all people are humans and he feels very uncomfortable tonight because of what people are saying. He stated they are not asking for any special rights, just the same rights as other people. He pointed out it is legal to not rent to gays in Michigan, except in those cities that have this ordinance. Regular City Council Meeting Tuesday, June 4, 2014 Page 11 Mr. William Dahl stated at the base of all of this it is easy to judge things that you don't know. It is about being treated as a first-class citizen. No one disagrees with waiting until the ordinance is written correctly. Ms. Verna Mahula, a resident of Sterling Heights, stated this ordinance would extend special rights to a select group of people based on their sexual orientation or gender identity and at the same time it would threaten the religious freedom of others who refuse to endorse the homosexual behavior. She believes the City Council of Sterling Heights should reject this ordinance because the voters of this City have not been given a chance to vote on this issue. Mr. Ron Runyon stated this is a civil rights issue. He stated if this ordinance is going to be put into practice, citizens should have the right to vote on it. Mr. John Silwick, representing senior citizens, stated they moved here because of the diversity in the City. He and his wife have not heard anything about people losing freedoms if we give other people the rights we have. They are here to support the passing of the ordinance. Ms. Sandy Detz, a resident of Sterling Heights, stated everything she does is filtered through God. She stated it is true that religious freedoms are being taken away. If this ordinance goes through, it is limiting what the Church can do and what she can say. She believes there should be more thought on the terminology before any action is taken on this issue. Ms. Jackie Ryan, a Sterling Heights resident and business owner, just found out about this in the Sunday newspaper. She is asking that this item be tabled and not voted on until more research is done on it. She is against this proposal because it is so controversial and a mess. She wants the City to make the best decision and not rush into it. Mr. Al Kallender is a resident of Sterling Heights and embarrassed with the way this proposal has been shoved through. He stated a group of homosexual activists contact a few council members and right away an ordinance is pushed through without the consent or vote of the residents. He urged the City Council to do more research on this issue as it relates to lawsuits and business rights. He Regular City Council Meeting Tuesday, June 4, 2014 Page 12 believes there will be a lot of angry people if this passes and people will be hurt financially. Mr. Tony Rand agrees with what the City Council has been doing. He stated the council is doing the right thing and that's what counts. Moved by Taylor, seconded by Skrzyniarz, RESOLVED, to introduce the ordinance amending Chapter 25 of the City Code by adding Article I to prohibit discrimination in housing, employment and public accommodations. Councilman Taylor pointed out he and Councilman Skrzyniarz have been researching this issue for quite some time and it is obviously there is a gap in protection. They brought this to the attention of the Mayor and City Administration and asked them to research what other communities have done so we can draft an ordinance. He stated it is not true that it is special rights for special people. He stated the ordinance in front of the City Council addresses what needs to be done and can be enforced. Councilman Taylor wondered how this would be bad for a Church that is providing services to assist the needy, as stated by some of the residents. He pointed out there is no loss of freedom here. It is a basic protection that every human deserves to be the person they are. He urged his colleagues on the City Council to please support him on this issue. Councilman Skrzyniarz commended Mr. Vanderpool and Mr. Bahorski and everyone in the Administration for drafting this ordinance. They crafted a document that addresses the gaps in our civil rights and how to enforce these civil liberties. He stated this is the City Council's opportunity to do their job of protecting all the residents, employees and the City as a whole. It will send a positive message that this is a great City. He stated we will be a better City with this ordinance and passing it is the right thing to do because of fairness, justice and equality. Councilman Skrzyniarz stated there are a couple of businesses that do not support LGBT rights in their company, but we have 89 Fortune 500 companies in the City of Sterling Heights and 85 of those companies have strong LGBT rights for their employees. He thanked Councilman Taylor and other Council members who he hopes will support this measure tonight. Regular City Council Meeting Tuesday, June 4, 2014 Page 13 Councilwoman Koski asked Mr. Vanderpool to clarify the section in the ordinance that names the City Manager as the person to investigate complaints of discrimination and to address the rights of people as far as how issues would be taken care of. Mr. Vanderpool responded in the case of the ordinance, where the City Manager is specified that is the case throughout all the ordinances and in the City Charter. It gives him the latitude to delegate to others when such is required. In the review of other cities that have developed these ordinances, it is noteworthy that there have not been a large number of complaints. We are not imagining that we will get a large number of complaints. Councilwoman Ziarko stated the Council's first job as elected officials is to listen to the residents and she didn't expect that people would have been opposed to this. She wants to see this item postponed to the second meeting in July to allow for further study on some of the options presented this evening. Councilwoman Schmidt stated she just received a copy of this ordinance in her Thursday packet and has not had an opportunity to do her research. She questioned who enforces the ordinance in other communities that have these types of ordinances. Councilwoman Schmidt would agree with a postponement to allow her more time for research on some of the issues that were brought up. Councilman Romano felt the same as Councilwoman Ziarko that he couldn't understand how some people would be against this ordinance, but now he is taking a step back after hearing the comments from the residents. He stated he tries to do what his constituents ask him to do because they elected him. He asked Mr. DeNault when people are discriminated against, whether there is some legal remedies they can seek. Mr. DeNault stated it is true that there are no legal remedies in Michigan. Councilman Romano wants to see some case studies of cases filed for discrimination because of sexual orientation or refused housing and asked Mr. DeNault to provide them for the next meeting, whether the motion passes or not. He stated he would agree with a postponement, but if we don’t get enough information, we need to let the residents decide. Regular City Council Meeting Tuesday, June 4, 2014 Page 14 Mayor Notte stated this ordinance does not take away any rights from anyone. The Elliot-Larsen Civil Rights Act does not prohibit discrimination based on sexual orientation or gender identity and that is a flaw in the law. He pointed out there are 33 communities in Michigan that have similar ordinances and he believes this is a very good ordinance. Mayor Notte stated he would not support a postponement. He stated all men are created equal and should be treated equal. Society is changing and we have to change with society. Moved by Ziarko, seconded by Schmidt, to postpone this agenda item until the second meeting in July. Roll call vote: Yes: Ziarko, Schmidt, Romano. No: Skrzyniarz, Taylor, Koski, Notte. The motion FAILED. Roll Call Vote on motion to introduce the ordinance: Yes: Taylor, Skrzyniarz, Koski, Notte. No: Romano, Schmidt, Ziarko. The motion carried. Mayor Notte called a five (5) minute recess at 11:06 p.m. Mayor Notte reconvened the meeting at 11:13 p.m. COMMUNICATIONS FROM CITIZENS Mr. Mike Lombardini - 70th anniversary of the Normandy invasion this Friday, June 6th, Suggest Chief of Police set up an email address that is monitored 24 hours a day. Mr. Joe Judnick - Status of Ping On Restaurant at 18 Mile and Van Dyke and Polish Market on Mound Road, 19-1/2 Mile repairs, Vote on Taco Bell. Mr. Jeffrey Norgrove - Memorial Day Parade success, 15 Mile and Ryan Restaurant smoke hazard, Commend Councilman Taylor for suggestion on bilingual newsletter. Mr. Charles Jefferson - Fines collected during snow emergencies, Changing name of Sterling Heights Redskins, 3 Party stores on 19 Mile Road between Schoenherr and Saal. Mr. Geoff Gariepy - Smoke hazard from restaurant at 15 Mile and Ryan, Safety issue with accidents on 15 Mile Road, 15 Mile Road and Dequindre road repairs. Regular City Council Meeting Tuesday, June 4, 2014 Page 15 Mr. Tony Rand - Believes in what the City Council stands for, Meetings on the Internet, Absentee ballots for August election. Mr. Vanderpool responded to the questions from the residents: The idea of an email in the dispatch area is a good idea and he will look into that. Ping On is still proposed for development. The Polish Market on Mound Road has recently installed windows so the project is continuing. 19 1/2 Mile Road will be reconstructed in the next construction season. They will look into the restaurant smoke problem at 15 Mile and Ryan. As far as the congestion, they will get something done with the County to see what could be done with that area. The Sterling Heights Redskins football team is a non-profit organization and the City does not have any legal authority over them, but he will share the concerns with them. 15 Mile and Dequindre is very bad and they have submitted for state funding on that road. The City Council meetings are on the Internet. 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 May 20, 2014, as presented B. To approve payment of the bills as presented: General Fund - $620,247.26, Water and Sewer Fund - $57,371.09, Other Funds - $743,577.71, Total Checks - $1,421,196.06. C. RESOLVED, to receive the report of the Purchasing Manager pursuant to City Code §2-221(B) regarding the emergency repair of the public sanitary sewer line situated on the northeast corner of 14 Mile Road and Schoenherr Road by F.D.M. Contracting, Inc., 49156 Van Dyke, Shelby Twp., MI 48317, in the amount of $2,231.44. D. RESOLVED, to purchase Federal brand police ammunition at pricing available through the State of Michigan cooperative bid, MiDEAL contract #071B3200095, through April 30, 2015 and approve a budget amendment to increase the use of Federal Forfeiture fund reserves for the balance of the purchase price. E. RESOLVED, to purchase forty (40) WatchGuard 4RE high definition in-car video systems, warranties and maintenance, and implementation services from Regular City Council Meeting Tuesday, June 4, 2014 Page 16 WatchGuard Video, 415 Century Parkway, Allen, TX 75103, at a cumulative cost of $250,520. F. RESOLVED, to purchase medical supplies from J & B Medical Supply Company, Inc., 50496 W. Pontiac Trail, Wixom, MI 48393 at unit prices available through the Southeast Michigan Emergency Medical Supplies (SMEMS) cooperative request for proposals for a three (3) year period, with the option to purchase for three additional one-year terms if the terms and conditions of the proposed are extended upon mutual consent. G. RESOLVED, to award the bid for turf and concrete restoration services to Landscape Services, Inc., 22932 Rasch Drive, Clinton Township, MI 48035, through December 31, 2014, at the unit prices bid and authorize amendments using $113,720 from Water & Sewer reserves and $62,800 from Local Road Fund reserves. H. RESOLVED, to adopt the resolution as required by §48.6(E) of the City Code for those properties included within the project area. RESOLUTION Resolution made and adopted at a regular meeting of the Council of the City of Sterling Heights, Macomb County, Michigan, held at the City Offices on the 3rd day of June, 2014. Members Present: Koski, Notte, Romano, Schmidt, Skrzyniarz, Taylor, Ziarko Members Absent: None The following preamble and resolution was offered by Member Koski and supported by Member Romano: WHEREAS, the City of Sterling Heights desires to provide for the construction, reconstruction, or repair of public sidewalks at those locations identified on the attached “Exhibit A” in accordance with the current City of Sterling Heights “Sidewalk Policy” if such improvements are not completed by the property owners within the time frame specified by the City Council, WHEREAS, Section 48.6(E) of the “Street, Sidewalks, and Rights-of-Way Ordinance” allows the City to require such improvements and invoice the cost of such improvements Regular City Council Meeting Tuesday, June 4, 2014 Page 17 to the property owners if such improvements are not completed by the property owners within thirty (30) days of notification. NOW, THEREFORE, be it resolved: 1. The Council of the City of Sterling Heights resolves to require the owners of lots and premises identified on “Exhibit A” to construct, reconstruct, or repair sidewalks adjacent to or abutting upon such lots and premises. 2. City Council directs the City Engineer to cause a notice of same to be sent by first class mail to all owners of lots affected as determined from the tax rolls of the City, to the owner or owners of the lots and premises, in front of or adjacent to which the sidewalk is to be constructed, reconstructed or repaired, requiring such owner or owners to construct, reconstruct or repair in accordance with City specifications, such sidewalk as is required by this resolution, within forty-five (45) days of the date of the notice. 3. The notice shall also state that if any owner shall fail to comply with such order within the specified time, then the City shall construct, reconstruct, or repair such sidewalk and charge the expense thereof to the premises and the owner thereof together with an administrative charge not to exceed the amount established by ordinance to cover administrative, bidding, engineering, and collection expenses. AYES: Koski, Romano, Notte, Schmidt, Skrzyniarz, Taylor, Ziarko NAYS: None ABSTAINED: None ABSENT: None Resolution declared and adopted. CERTIFICATION I hereby certify that the above Resolution is a true and correct copy of a Resolution entered in the Minutes of the Sterling Heights City Council, held at a meeting of said Council on the 3rd day of June, 2014. Mark Carufel, City Clerk Regular City Council Meeting Tuesday, June 4, 2014 Page 18 I. RESOLVED, to: (A) Award the bid for the 2014 Local Road Concrete Reconstruction Program, City Project #14-250, to Galui Construction, Inc., 33805 Harper, Clinton Township, MI 480335 in the amount of $1,719,573.75; (B) Authorize the Mayor and City Clerk to sign the contract on behalf of the City; and (C) Authorize a budget amendment to use $145,000 of Local Road Fund Reserves to complete the project. J. RESOLVED, to award the bid for the 2014 Neighborhood Asphalt Resurfacing Program, City Project #14-249, to James P. Contracting, Inc., 67222 Van Dyke, Washington, MI 48095 for Sections I and II in the cumulative amount of $1,227,267.03 and authorize the Mayor and City Clerk to sign the contract on behalf of the City. K. RESOLVED, to approve the Ambulance Service Agreement and Lease Agreement between the City of Sterling Heights and Universal-Macomb Ambulance Service, Inc., 37583 Mound Road, Sterling Heights, MI 48310 and authorize the Mayor and City Clerk to execute the agreements on behalf of the City. L. RESOLVED, to approve the agreement with CompOne Administrators, Inc. for workers compensation claims administration services for a three-year period, purchase excess insurance coverage from the Accident Fund Insurance Company of America at a rate of $.1555/$100 of covered payroll with a $400,000 SIR for a one-year period, and authorize the Mayor and City Clerk to sign all documents required in conjunction with these approvals, upon review and approval by the City Attorney. Yes: All. The motion carried. CONSIDERATION 3. Moved by Schmidt, seconded by Romano, RESOLVED, to appoint Edward Kopp, Jeffrey I. Norgrove and Leonard Reinowski to the Planning Commission to a term ending Regular City Council Meeting Tuesday, June 4, 2014 Page 19 June 30, 2017, 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. Moved by Romano, seconded by Notte, RESOLVED, to appoint Laura Szpont to the Zoning Board of Appeals to a term ending June 30, 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. Moved by Skrzyniarz, seconded by Notte, RESOLVED, to appoint John P. Pitrone to the Board of Ordinance Appeals I to a term ending June 30, 2017, subject to the appointee meeting the qualifications set forth in Charter § 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. Moved by Romano, seconded by Notte, RESOLVED, to appoint Al L. Kollmorgen to the Board of Ordinance Appeals II to a term ending June 30, 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. Moved by Romano, seconded by Schmidt, RESOLVED, to appoint Stephen Bilan and Raymond Nadolski to the Board of Review to a term ending June 30, 2017, 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. Moved by Schmidt, seconded by Ziarko, RESOLVED, to appoint Robert C. Maleszyk to the Pension Board - Police and Fire Departments to a term ending June 30, 2018, 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. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no reports from Mr. Bahorski or Mr. Vanderpool at this time. Regular City Council Meeting Tuesday, June 4, 2014 Page 20 Councilman Romano expressed kudos to Community Relations Director Steve Guitar, who put together the Memorial Day Parade. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 11:34 p.m. MARK CARUFEL, City Clerk