City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 21, 2015 IN CITY HALL Mayor Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor Taylor led the Pledge of Allegiance to the Flag and Mark Carufel, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Joseph V. Romano, Maria G. Schmidt, Nate Shannon, 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. Mayor Taylor asked for a moment of silence for a former City Council member, Roger Fachini, who passed away. He explained that Mr. Fachini served from November of 1999 through November of 2001. REPORT FROM CITY MANAGER Mr. Vanderpool pointed out Consent Agenda Item K, which is a resolution designating May 2015 as Pride and Shine month. He explained there are many new components to the SHINE program and he presented a video at this time explaining the new changes and achievements. Regular City Council Meeting Tuesday, April 21, 2015 Page 2 Mr. Vanderpool highlighted a new element to the program this year, a special collection on Saturdays throughout the month of May, where residents can set out just about anything at the curb and Waste Management will pick it up on Saturdays. For items not accepted for collection, dumpsters will be available at the DPW on all Saturdays in May. Mr. Vanderpool introduced Mr. Luke Bonner, Senior Economic Development Advisor, to provide an periodic update on economic development initiatives throughout the community. Mr. Luke Bonner shared the results of his assessment and action plan for the remainder of 2015. With the use of a video presentation, he explained the economic profile, which shows the City's great reputation for being one of the safest cities, one of the best places to live in the United States, the labor force, industries (especially the defense industry), automotive and advanced manufacturing and pointed out we have some of the top employers. Mr. Bonner illustrated the City of Sterling Heights' talent comparisons to other cities in the State of Michigan, the cost of operations, the tax rate and the water rates. He pointed out the City's strengths and weaknesses, opportunities and threats. Mr. Bonner discussed their strategy for business retention, business attraction, collaboration and lastly growth and redevelopment. Mr. Vanderpool indicated that Mr. Bonner and his team would be reporting back quarterly. CONSENT AGENDA 1. Mr. Greg Thomas requested clarification and details on Consent Agenda Item I. Regular City Council Meeting Tuesday, April 21, 2015 Page 3 Mr. Joe Rimarcik discussed Item K, stating this is long overdue. In regard to Item I, he also wanted to see more information about the price and purpose. In regard to Item J, he inquired the dollar amount for a two year program. Mr. Jeffrey Norgrove discussed Item K and had hoped to hear more of a presentation about the upcoming SHINE day from Mr. Vanderpool. He suggested the Electronic Recycling Fair and Pride and SHINE day be held next year on Earth Day week and to get the students involved. Mr. Paul Smith discussed Item I and questioned the net price. In regard to Item M, he disagreed with the bridge replacement from a 4' foot bridge to a 14' vehicular bridge. Mr. Mike Lombardini discussed Item M and stated this is going to be a massive bridge. He questioned the need for this size of a bridge. Mrs. Jasmine Early also discussed Item M and questioned the need. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of April 7, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $614,651.63, Water & Sewer Fund - $2,333,378.65, Other Funds - $566,339.19, Total Checks - $3,514,369.47. C. RESOLVED, to award the bid for mowing and maintenance of miscellaneous right-of-way sites to Green Meadows Lawnscape, Inc., 2359 Avon Industrial Drive, Rochester Hills, MI 48309, for the period April 22, 2015 through October 31, 2016 at unit prices bid. Regular City Council Meeting Tuesday, April 21, 2015 Page 4 D. RESOLVED, to award the bid for street sweeping services to United Sweep, LLC, 62170 Van Dyke, Washington, MI 48094, at unit prices bid for a two-year period and authorize the City Manager to extend the bid term one additional year under the same terms and conditions. E. RESOLVED, to extend the terms and conditions of a proposal by Intelligent Document Solutions, 747 East Whitcomb, Madison Heights, MI 48071 for the printing and mailing of city forms for a two-year period ending May 6, 2017. F. RESOLVED, to approve Gas Customer Choice Contract, Contract 071B0200334, between the City of Sterling Heights and Constellation NewEnergy - Gas Division, LLC, 3060 Commerce Drive, Suite 4, Fort Gratiot, MI 48059, for the purpose of natural gas for the period May 1, 2015 through April 30, 2018 at a unit price of $3.69 per MCF. G. RESOLVED, to award a bid for the purchase and installation of a natural gas generator to American Generators Sales and Service LLC, 6158 Delfield Dr., Suite C, Waterford, MI 48329, in the amount of $37,500 and authorize a budget amendment using Water & Sewer retained earnings. H. RESOLVED, to reject the bids received and authorize the Purchasing Manager to proceed with a re-bid for print shop/copy paper and envelopes. I. RESOLVED, to accept the proposal by Ryan Road, LLC for the purpose of surplus Ryan Road property and authorize the Mayor and City Clerk to execute all documents required in conjunction with this transaction on behalf of the City.  Regular City Council Meeting Tuesday, April 21, 2015 Page 5 J. RESOLVED, to approve the property and liability insurance program with the Michigan Municipal Risk Management Authority for the period of May 1, 2015 through May 1,2017 at a cost of $603,748 for the first year and a cost increase not to exceed 5% for the second year. K. RESOLVED, to adopt the resolution designating the month of May 2015 as Pride & Shine Month in the City of Sterling Heights: ~ Resolution ~ A resolution of the city of Sterling Heights City Council designating the month of May 2015 as Pride & Shine Month in the city of Sterling Heights.  The city of Sterling Heights is renowned throughout Michigan as a great place to live, work, and raise a family as evidenced by a growing population, continual safe city distinctions, and new corporate investments.  A key element in establishing this reputation has been clean, well-maintained, and safe neighborhoods that enhance the overall quality of life for residents.  In order to preserve the city’s excellent reputation, the Sterling Heights Initiative for Neighborhood Excellence (SHINE) was created. Through SHINE, city personnel are working directly with a variety of groups in a concerted effort to maintain high standards of property maintenance. SHINE is also coordinating volunteers from churches, service clubs, schools and other civic organizations to help homeowners who are unable to help themselves with exterior property maintenance.  To prepare for the forthcoming summer months, the Office of Neighborhood Services is encouraging residents and businesses to participate in a community-wide Pride & Shine initiative during the month of May. This initiative offers many opportunities for residents to demonstrate community pride by participating in making the City shine. Electronics Recycling Day (April 25th), Pride & Shine Day (May 2nd), Shred Day (May 9th), and four Neighborhood Clean-up events highlight just a few ways that residents can improve the overall appearance of their properties.  To highlight all of these activities and build momentum for this effort, recommendation is being made to designate May 2015 as Pride & Shine Month in Sterling Heights. NOW, THEREFORE,  Regular City Council Meeting Tuesday, April 21, 2015 Page 6 BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, does hereby designate the month of May, 2015 as Pride & Shine Month in Sterling Heights. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Sterling Heights to be affixed this 21st day of April, 2015. _______________________________________ Mark Carufel City Clerk L. RESOLVED, to adopt the resolution designating May 3rd through May 9th, 2015 as Public Service Recognition Week in the City of Sterling Heights: ~ Resolution ~ A resolution of the Sterling Heights City Council designating May 3rdth through May 9th, 2015 as Public Service Recognition Week in the City of Sterling Heights Whereas, Americans are served every single day by public servants at the federal, state, county and city levels. These unsung heroes do the work that keeps our nation working; and Whereas, the President and Congress have officially declared the first week of May as Public Service Recognition Week; and Whereas, the City of Sterling Heights is pleased to honor our public employees and the vital work they perform on behalf of all Sterling Heights residents; and Whereas, municipal government depends on the dedicated work of professional public servants, and these dedicated men and women tend to the day-to-day functioning of our community, and their adept handling of their duties improves the quality of our lives; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, County of Macomb, and State of Michigan, hereby designates May 3rd through May 9th, 2015 as Public Service Recognition Week in the City of Sterling Heights and encourages residents to recognize the invaluable services that public employees provide. Regular City Council Meeting Tuesday, April 21, 2015 Page 7 This Resolution was approved at the April 21, 2015 Sterling Heights City Council meeting. _________________________________________ Mark Carufel, City Clerk M. RESOLVED, to adopt the resolution in support of the City of Sterling Heights' application for Fiscal Year 2016 Transportation Alternatives Program funding to construct a shared use trail bridge over the Clinton River within Dodge Park. RESOLUTION A resolution of the Sterling Heights City Council in support of the application by the City of Sterling Heights for Fiscal Year 2016 Transportation Alternatives Program funding for the purpose of replacing the footbridge over the Clinton River in Dodge Park The City of Sterling Heights has identified a critical need to replace the old, narrow and structurally deficient footbridge over the Clinton River in Dodge Park. The bridge is a critical link in the Clinton River Park Trail System. A recent structural inspection indicated that the footbridge needs immediate repairs in order to remain open to traffic. These repairs are underway by the City DPW for this temporary fix but a permanent solution is still needed. As the existing bridge does not meet current national standards for width and grade to make it useable by two way traffic and accessible to persons with disabilities, staff recommends a replacement bridge adjacent to the existing bridge, which can be used until the new bridge is installed. Public support for replacing the footbridge is great. There is only one other river crossing on the trail system and it is over a mile away at the Nature Center. The trail system is heavily used by city residents, local running clubs, the local high school cross country team for practice, as well as recreational runners. The State of Michigan has announced that the Clinton River Park Trail System will be incorporated into the state wide Iron Belle Trail which will ultimately connect Belle Isle Park in Detroit with Ironwood, Michigan. As part of the Iron Belle Trail, we may need to make upgrades to our trail system to meet the state standards for shared use paths and replacing the footbridge has been identified as a necessary upgrade. The City Council supports the application for Fiscal Year 2016 TAP funding. In further support, the City is committed to funding 30% of the total construction cost for an estimated local match of $279,000 for construction costs and $180,000 for engineering and inspection costs. Regular City Council Meeting Tuesday, April 21, 2015 Page 8 The City Council submits this resolution of support and financial commitment in the sincere belief that this project will enhance recreational opportunities for residents of Sterling Heights and Macomb County. NOW, THEREFORE, BE IT RESOLVED, to support the application by the City of Sterling Heights for Fiscal Year 2016 Transportation Alternatives Program funding for the purpose of replacing the footbridge over the Clinton River in Dodge Park and commit to the required local funding match in the estimated amount of $279,000 for construction costs and $180,000 for engineering and inspection costs. This resolution was approved at the April 21, 2015 regular City Council Meeting by the Sterling Heights City Council. Moved by: Koski Seconded by: Romano AYES: Koski, Romano, Schmidt, Shannon, Skrzyniarz, Taylor, Ziarko NAYS: None ABSTAINED: None ABSENT: None IN WITNESS WHEREOF, I have set my official signature, this April 21, 2015. _________________________________ Mark Carufel, City Clerk N. RESOLVED, to approve the settlement agreement and release in resolution of Michael A. Stevenson, Trustee vs. City of Sterling Heights, et al; United States District Court Case No. 2:14-cv-13089-MAG-MJH and authorize the City Manager to sign all documents required in conjunction with this approval. Yes: All. The motion carried. CONSIDERATION Regular City Council Meeting Tuesday, April 21, 2015 Page 9 2. Mr. Vanderpool highlighted the new Collective Bargaining Agreement between the City of Sterling Heights and the Michigan Association of Public Employees (MAPE) Technical Office Union for the period of July 1, 2015 to June, 30, 2018. Moved by Romano, seconded by Ziarko, RESOLVED, to approve the collective bargaining agreement and memorandum of understanding between the City of Sterling Heights and the Michigan Association of Public Employees (MAPE) Technical Office Union for the period of July 1, 2015 to June, 30, 2018 and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval on behalf of the City. Councilman Romano commended the members of this union and expressed his appreciation to Mr. Blessed and the City Attorney for getting this contract settled ahead of time. Councilwoman Ziarko thanked everyone for their great work in reaching an agreement this early. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Ms. Linda Godfrey, Sterling Heights resident - Extended condolences to Mr. Fachini's family; Spoke against the Road Proposal; Applauded Councilwoman Koski for her comments regarding the roundabout on City property; WOW cable services/City Channels; nominating petitions of candidates running for City Council. Mr. Joseph Rimarcik - Expressed his opposition to Proposal One. Regular City Council Meeting Tuesday, April 21, 2015 Page 10 Mr. Jeffrey Norgrove - Against Ballot Proposal One; Against Bill to eliminate the advertisement of Agendas and Upcoming Events in the newspapers; Condolences to the Fachini Family. Ms. Jasmine Early, Sterling Heights resident - Expressed her opposition to Proposal One. Mr. Paul Smith, Sterling Heights resident - Mr. Bonner's position; Costs of March 31 rally at Velocity Center in regard to Proposal One; Cost of the Special Election on May 5. Ms. Jackie Ryan, Sterling Heights resident - Against Proposal One and in favor of more information to the residents on ways to address the road issues; Encourages residents to attend the budget hearings; Lack of information as it relates to Smart Meters. Mr. Charles Jefferson, Sterling Heights resident - Mr. Bonner's lack of mention about attacks by businessmen actively seeing businesses to move to Detroit; Discrimination. Mr. Mike Lombardini - Skateboard park in the City. Mrs. Verna Babula, Sterling Heights resident - Smart Meters/4th Amendment rights; Against Proposal One on May 5th. Mr. Nick Tedesco - Request for stop signs at Jerome and Pemberton. Mayor Taylor indicated they would have the Police Chief conduct a traffic study at that intersection. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mayor Taylor requested Mr. Vanderpool address questions from residents under Consent Agenda Items I and M. Regular City Council Meeting Tuesday, April 21, 2015 Page 11 Mr. Vanderpool stated in regard to Ryan Road, this came before the City Council a couple of years ago and Council requested the Administration come up with a better design and more revenue from the project. They have come up with an excellent design, where eleven new homes would be built on this property. The purchase price for the property is a gross price of $140,000. He encouraged residents to go to the e-packet and look at the item. Mr. Vanderpool stated in regard to Item M, this is the application for funding for the bridge over the Clinton River. This would make the City eligible for the funding. He pointed out 70% would be funded through non general fund money. The bridge replacement is needed because the current bridge is 50 years old and it is not structurally sound. Also, it is not handicap accessible. There was no report from Mr. Bahorski at this time. There were no reports from City Council at this time. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS Councilwoman Ziarko asked Mr. Vanderpool to address the comment made by a resident that this budget encompasses the passage of Proposal One. Mr. Vanderpool responded that is absolutely inaccurate. There is nothing in the budget that assumes or incorporates any Proposal One funding. Regular City Council Meeting Tuesday, April 21, 2015 Page 12 Mayor Taylor stated that Ms. Godfrey had a number of questions and she discussed funds for a dog park. He inquired whether there was anything in the budget that locked the City into spending money on a dog park in the 2015/16 tax year. Mr. Vanderpool responded the only thing in the budget is an budget allocation of $20,000 for seed money or local match that would allow the City to qualify for some potential grant funding, but the actual build out would have to come back to the City Council for any expenditures beyond that. Mayor Taylor stated to Ms. Babula that she has been at every City Council meeting since January talking about smart meters. She is the only person, other than Ms. Ryan, that has addressed this issue. He stated the reason they are not seeing what they want done on this issue is that their proposal is for the City Council to violate Michigan Law, go against precedent set by the Michigan Court of Appeals, violate the opinion of our City Attorney and pass an ordinance that we don't have the authority to pass or enforce. He would need more than two residents telling him to do this. Mayor Taylor stated until the state changes its law and gives the City the ability to do what they want him to do, he cannot do anything. Mayor Taylor stated to Mr. Rimarcik in regard to Proposal One, he is not afraid to admit when he is wrong. He stated he looked at how much the tax proposal would cost his family. He wants to make a decision based on whether it is fair and if he is getting good value for what he is paying. He figured it would cost his family about $250 a year and he is happy with that amount and will vote yes. He is not happy spending $500.00. Regular City Council Meeting Tuesday, April 21, 2015 Page 13 Councilwoman Schmidt made a point of clarification. She stated one of the residents came up and said we passed a safe roads proposal a couple years ago and that is how we are paying for the new bridge in Dodge Park. She asked Mr. Vanderpool to clarify that. Mr. Vanderpool responded that is not correct. There is no safe street money being spent on the bridge. He pointed out the bridge has not even been approved yet, but no safe street money will be used to pay for the bridge. The money approved by the voters is going entirely for the roads. Councilwoman Koski asked Mr. Vanderpool to explain why we are going from a 4' bridge to a 14' bridge. Mayor Taylor stated that the Council rules do not allow debate on Consent Agenda items without pulling them off the Consent Agenda. Mayor Taylor asked Mr. Bahorski if he would be comfortable with the City Council asking Mr. Vanderpool for clarification on that issue. Mr. Bahorski responded yes as long as it doesn't result in a supplemental motion. Mr. Vanderpool responded we would not qualify for grant funding if we constructed anything less than 14'. It would not be handicap accessible as you cannot have two- way traffic on the bridge and have emergency type apparatus across the bridge. It has to meet the national and state standards of 14'. Councilman Skrzyniarz requested an update on the farmer's market. Mayor Taylor congratulated Mr. Ben Ancona from the Planning Commission for being named to the Macomb County Coaches Hall of Fame. Regular City Council Meeting Tuesday, April 21, 2015 Page 14 ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:28 p.m. MARK CARUFEL, City Clerk