City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 19, 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. REPORT FROM CITY MANAGER Mr. Vanderpool reported Memorial Day would be celebrated on Monday, May 25, 2015. He explained all City Offices and the 41-A District Court Building would be closed for the entire Memorial Day weekend including Friday, May 22, 2015. 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. Mr. Vanderpool reported the Sterling Heights' 36th Annual Memorial Day would be held on Monday, May 25. Festivities begin with a 9 a.m. Memorial Day Ceremony in the Regular City Council Meeting Tuesday, May 19, 2015 Page 2 courtyard between City Hall and the Police Department. This year's theme is "150th Commemoration of the End of the Civil War". The ceremony features remarks from the 2015 Grand Marshall Richard Shoonover, Mayor Taylor and the Arts Commission. The annual parade kicks off at 10 a.m. on Dodge Park Road in front of City Hall. Mr. Vanderpool reminded residents the State law prohibits the City from enacting an ordinance to regulate the use of "consumer fireworks" on the day before, the day of, and the day after a national holiday. This means that everyone has the right to "use" the types 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 a.m. to midnight (or 1:00 a.m. on New Year's Eve), and only on private property with permission. Spectators must be 25 feet away (50 feet for minors). Any code violations committed during the discharge of fireworks may still be enforced, including disturbing the peace, violation of a noise or nuisance ordinance, and creating or depositing litter. The City has enacted an ordinance that prohibits the use of "consumer fireworks" for the remaining 335 days each year. Mr. Vanderpool reported he and the City Attorney are requesting the City Council convene in closed session at the conclusion of the meeting to discuss strategy in connection with pending litigation. Ms. Bridget Doyle, Community Relations Director, introduced the City's new website, which was officially launched at 5:00 p.m. this evening, with a video presentation. She Regular City Council Meeting Tuesday, May 19, 2015 Page 3 explained there would be a 30 day review period and invited residents to make their suggestions either by email or on the City's new website. She recognized Mr. Vanderpool, the City Council, IT Director Steve Deon and the favorable responses from the various departments. PRESENTATION Beautification Commission Chairperson Gary Isom, along with Co-chair Sharon Mason and Henrietta Baczewski, presented the City of Sterling Heights with the commemorative 2014 flag in recognition of the City of Sterling Heights' 30th consecutive designation as a Tree City USA. Moved by Ziarko, seconded by Schmidt, RESOLVED, to accept the commemorative 2014 flag being presented in recognition of the City of Sterling Heights' 30th consecutive designation as a Tree City USA and its outstanding commitment to an effective community forestry program in conjunction with our annual observance of Arbor Day, April 24, 2015. Yes: All. The motion carried. ORDINANCE INTRODUCTION 1. City Planner Don Mende made a presentation in regard to rezoning request PZ15-1134 and explained this is a conventional rezoning from C-1 to RM-2. Mr. Phil Ruggeri, attorney representing the petitioner, was available for questions. Mr. Joe Judnick of Sterling Heights stated he attended the Planning Commission meeting and was very impressed with the new proposal and urged the City Council to approve the request. Regular City Council Meeting Tuesday, May 19, 2015 Page 4 Mr. Harley Pilarski of 6015 Poplar spoke in favor of the rezoning and expressed concern with parking. Mrs. Fiorella Adair of 6091 Poplar expressed concern with people parking on the residential streets and suggested no parking signs. Moved by Romano, seconded by Ziarko, RESOLVED, to introduce a map amendment to conditionally rezone property on the east side of Mound Road, between Poplar and Higgins Avenues in Section 4, from C-1 (Local Convenience Business District) to RM-2 (Multiple-Family Low Rise District), Case No. PZ15-1134, and direct 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 June 2, 2015 regular meeting. Councilman Romano has no problem with this rezoning request since the property is being reverted back to the original zoning. In regard to the parking concerns from the residents, he pointed out in residential areas everyone is not parking at the same time. Councilwoman Ziarko agrees with Councilman Romano and doesn't believe we need to put any signs up at this point. If it becomes a problem in the future, the City Council can take the recommendation and install the no parking signs. Councilwoman Schmidt questioned whether the property facing Mound Road would be the side elevation and Mr. Ruggeri indicated it would. She stated she is in complete agreement with this rezoning. Councilwoman Schmidt asked Mr. Ruggeri if he had any idea of what the range of rent would be and Mr. Ruggeri responded $800 to $900. Yes: All. The motion carried. CONSENT AGENDA Regular City Council Meeting Tuesday, May 19, 2015 Page 5 2. Mr. Mike Lombardini discussed Item F and questioned the cost effectiveness, whether it would be a long term gain for the City, whether the City is planning for the future or simply buying for the present, whether the City is paying more for outsourcing than it would cost for someone to do it in-house, what we are buying for our $20,000 and what the real value of social media is. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Special Meeting of April 28, 2015 and Regular Meeting of May 6, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $1,169,914.40, Water & Sewer Fund - $2,395,589.20, Other Funds - $1,163,826.63, Total Checks $4,729,330.23. C. RESOLVED, to: a) Award the bid for the purchase and installation of LED lighting fixtures at park restroom pavilions to MHM Construction, LLC, 74016 Tietz, Armada, MI 48005-3229, in the amount of $41,197; and b) Authorize an amendment to the Land & Water Conservation Fund budget in the amount of $1,197 from fund reserves. D. RESOLVED, to accept the proposal by Allen Audio Systems, LLC, 27555 Schoolcraft Road, Livonia, MI 48150 for sound and light production at City events for a two-year period and authorize the City Manager to exercise the City's option to extend the negotiated terms and conditions for a third year. Regular City Council Meeting Tuesday, May 19, 2015 Page 6 E. RESOLVED, to award the bid for medical and physical evaluations of Sterling Heights firefighters to Professional Health Services, Inc., 83 South Eagle Road, Havertown, PA 19083, at unit pricing bid. F. RESOLVED, to: a) Approve the agreement for digital marketing services between the City of Sterling Heights and Social COOP Media, Inc., 440 Burroughs Street, Detroit, MI 48202, for a six-month term at a total cost of $20,000; and, b) Authorize the City Manager to sign all documentation required in conjunction with this agreement on behalf of the City; and, c) Authorize an amendment to the budget using General Fund reserves in the amount of $5,000. G. RESOLVED, to approve the Agreement for ACA Compliance and Reporting Services between the City of Sterling Heights and Cornerstone Municipal Advisory Group, LLC, 50 W. Big Beaver, Suite 220, Troy, MI 48084 and authorize the City Manager to sign all documents required in conjunction with this approval. Yes: All. The motion carried. CONSIDERATION 3. Mayor Taylor recommended the reappointments of the three members on the Planning Commission that expressed their desire to be reappointed. Regular City Council Meeting Tuesday, May 19, 2015 Page 7 Moved by Romano, seconded by Ziarko, RESOLVED, to nominate Al L. Kollmorgen, Stefano Mililtello and Donald L. Miller for consideration as appointees to the Planning Commission at the June 2, 2015 regular City Council meeting. Councilman Romano suggested for the future if we have members who want to be reappointed, we should just use the one step and appoint them. Yes: All. The motion carried. Moved by Romano, seconded by Schmidt, RESOLVED, to nominate Pashko Ujkic for consideration as an appointee to the Zoning Board of Appeals at the June 2, 2015 regular City Council meeting. Councilman Romano stated Mr. Ujkic owns a business in the City and has been before the Zoning Board of Appeals for a variance, which was approved. Hes is also receiving a Sterling Edge Business Award. Yes: All. The motion carried. Moved by Romano, seconded by Ziarko, RESOLVED, to nominate Derek B. D'Angelo and Stefano Mililtello for consideration as appointees to the Zoning Board of Appeals at the June 2, 2015 regular City Council meeting. Yes: All. The motion carried. Moved by Schmidt, seconded by Taylor, RESOLVED, to nominate Robert Ervin for consideration as an appointee to the Ordinance Board of Appeals at the June 2, 2015 regular City Council meeting. Yes: All. The motion carried. Regular City Council Meeting Tuesday, May 19, 2015 Page 8 Moved by Romano, seconded by Taylor, RESOLVED, to postpone the nomination for the unexpired term on the Ordinance Board of Appeals to the June 2, 2015 City Council meeting. Yes: All. The motion carried. Moved by Ziarko, seconded by Schmidt, RESOLVED, to nominate Derek B. D'Angelo for consideration as an appointee to the Board of Ordinance Appeals II at the June 2, 2015 regular City Council meeting. Yes: All. The motion carried. Moved by Ziarko, seconded by Romano, RESOLVED, to postpone the nomination for the unexpired term on the Ordinance Board of Appeals II to the June 2, 2015 City Council meeting. Yes: All. The motion carried. Moved by Schmidt, seconded by Romano, RESOLVED, to nominate Richard Golpe and George W. Medvedik for consideration as appointees to the Board of Review at the June 2, 2015 regular City Council meeting. Yes: All. The motion carried. 4. Mayor Taylor recommended the appointment of Shawn Taylor to the Ethnic Community Committee and stated he was very interested in serving on that board. Moved by Skrzyniarz, seconded by Ziarko, RESOLVED, to appoint Shawn Taylor to the Ethnic Community Committee to a term ending June 30, 2016, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Regular City Council Meeting Tuesday, May 19, 2015 Page 9 Yes: All. The motion carried. Mayor Taylor did not have another recommendation for the Ethnic Community Committee and invited interested residents to contact him if they were interested in serving on this board or any other board or commission in the City. He stated they could also submit an application on the City's new website. Moved by Ziarko, seconded by Romano, RESOLVED, to postpone the remaining appointment to the Ethnic Community Committee to the meeting of June 2, 2015. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. David Howard, Marathon runner wanted to thank the City for the prompt removal of snow on the Dodge Park trails. Mr. Jeffrey Norgrove - Reminded residents to attend the Memorial Day parade on Monday. Mr. Charles Jefferson of Sterling Heights - Requests return of Anthony Polidano to the Sports Time Out; Police and Fire Department interviews. Ms. Linda Godfrey - Unanswered questions from residents as it relates to the cost of the irrigation system, projected water costs and remainder of the $7.1 million for repairs on Dodge Park and Van Dyke; Mr. Vanderpool's possible raise in pay; Council's 3% pay raise this year and 3% next year; Dispatch Consolidation Study. Mr. Michael Radke - Political attacks. Mr. Geoff Gariepy - Compensation for public officials; Facebook comment. Regular City Council Meeting Tuesday, May 19, 2015 Page 10 Mr. Mike Lombardini - City Council's compensation; Landscaping ordinance requirements/artistic burden. Mr. Joe Judnick of Sterling Heights - New City website; Actions of Police Officers; Status of Ping On Restaurant; Councilman Skrzyniarz' remarks on Proposal One. Mr. Harry Marchlones of Sterling Heights - Upcoming election for City Council and Mayor. Ms. Jasmine Early of Sterling Heights was called out of order by Mayor Taylor and asked to leave the podium after she refused to allow the Mayor to explain the Council rules for Communications from Citizens. Mr. Dennis White of Sterling Heights - Landscaping ordinance. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Vanderpool at this time. Mr. Bahorski mentioned the request to convene into closed session at the conclusion of the city business to discuss pending litigation as indicated in Mr. Vanderpool’s report. Councilman Skrzyniarz reminded everyone about the upcoming Farmer's Market on Thursday, June 4 from 3-8 pm in Dodge Park and stated it would be taking place every Thursday from June to the end of October. Councilman Skrzyniarz expressed his disappointment with the comments made by residents under Communications and talked about mutual respect. Councilwoman Ziarko requested the City Administration research the possibility of residents being able to copy the meeting video from the City's website onto their own devices if they are unable to do so from their cable providers. Regular City Council Meeting Tuesday, May 19, 2015 Page 11 Councilwoman Schmidt questioned the possibility of an app for the City's website. Councilwoman Schmidt stated for the record this is the first time she has heard anything about some Facebook page that was vial and she has nothing to do with it. Councilman Romano wanted the residents to understand this is an election year and these types of comment go along with an election year. He stated in regard to people coming up to the podium and getting called out of order, people need to appreciate the fact that Mayor Notte was extremely lax in allowing people to come up to the podium to speak. People are allowed to speak about issues germane to City business and if they talk about issues that are not germane, it is the Mayor's right to call them to order and this will more than likely happen more often because this is an election year. Councilman Romano discussed the fact that some cities fine their residents $25.00 a month if they do not have their landscaping in by a certain time. The City is trying to address the residences that have no landscaping at all and stated everyone should have some type of landscaping, but he cannot go along with the amount recommended in the new landscaping ordinance. Councilman Shannon stated the City Council needs to address the conduct by speakers at the podium and not allow this forum for campaigning for City Council. Councilwoman Koski discussed whether there would be ample parking for people attending the Farmer's Market. Mr. Vanderpool responded the vendors would be parking away from the site so they will not be taking away parking spaces. He believes there is ample parking both at Dodge Park and at City Hall. Regular City Council Meeting Tuesday, May 19, 2015 Page 12 Mayor Taylor spoke in favor of the Farmer's Market and stated he supports helping local growers. Mayor Taylor stated in regard to the landscaping ordinance, it is at the Planning Commission level and has been recommended to come before the City Council. It will be a two-step process so there will be an opportunity for public comment and council discussion. This ordinance is to protect the City against people who are doing no landscaping at all. Mayor Taylor stated in regard to calling people to order, it is not something he enjoys doing. He stated in regard to Ms. Early that he never had an opportunity to make the call as to whether her comments were out of order because she never yielded the floor to him. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Schmidt, RESOLVED, to recess to closed session to discuss strategy in connection with pending litigation, McMillen vs. City of Sterling Heights and Donaldson vs. City of Sterling Heights, as an open discussion could have a detrimental financial effect on the City. Roll call vote: Yes: Ziarko, Schmidt, Romano, Shannon, Skrzyniarz, Taylor, Koski. The motion carried. The meeting recessed at 9:15 p.m. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED to adjourn the meeting. Regular City Council Meeting Tuesday, May 19, 2015 Page 13 Yes: All. The motion carried. The meeting was adjourned at 9:33 p.m. MARK CARUFEL, City Clerk