City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JUNE 2, 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 Councilman Romano removed Consent Agenda Item 2C and made it Consideration Item No. 5. Moved by Koski, seconded by Romano, to approve the Agenda as amended. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the voluntary odd/even watering policy. He stated in an effort to reduce instances of low water pressure and help control future water rate increases from the City of Detroit, Sterling Heights is continuing voluntary outdoor water use restrictions through Labor Day. Residents are asked to voluntarily limit outdoor water use to odd/even days, based on the last number in their address. Homeowners with addresses ending in odd numbers should water lawns, fill swimming pools, or wash cars Regular City Council Meeting Tuesday, June 2, 2015 Page 2 on odd numbered calendar dates. Likewise, residents with even number addresses should follow the same procedure on even numbered dates. In addition, all residents should limit outdoor water use between 5-9 am and 6-9 pm when water consumption is at its peak. Homeowners are urged to water lawns between 11 pm and 5 am, when water use is down and water pressure is up. He recommended that residents take their lawn sprinkler systems off of automatic settings and only water their lawns based on the odd/even schedules. Mr. Vanderpool reported on the City's first ever Farmers Market and stated it will debut this Thursday, June 4 at 3:00 pm. A short video was shown at this time. Mr. Vanderpool reported the City Hall parking lot replacement will be done in three sections. The first section will be started next Monday, June 8th, with the second and third sections to follow and completion this year. He indicated other improvements would take place next year in front of City Hall with the parking lot and landscaping upgrades. PRESENTATION Councilwoman Ziarko presented the Nice Neighbor award to Connie Gubelius, nominated by her neighbor, Mary Bentson. Chief Michael Reese introduced and swore in the new officers in the Police Department: Phillip Schuette, Robert Guertin and Ryan Hart-Smith. He thanked the Administration and City Council for their continued support of the Police Department. ORDINANCE ADOPTION Regular City Council Meeting Tuesday, June 2, 2015 Page 3 1. Moved by Romano, seconded by Ziarko, BE IT ORDAINED, to adopt 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, subject to the terms and conditions of the Conditional Rezoning agreement which the Mayor and City Clerk are hereby authorized to sign on behalf of the City. CITY OF STERLING HEIGHTS COUNTY OF MACOMB, MICHIGAN ORDINANCE NO. 278-180 AN ORDINANCE TO AMEND THE MAP OF THE ZONING ORDINANCE OF THE CITY OF STERLING HEIGHTS, MICHIGAN, SUBJECT TO SPECIFIED CONDITIONS. THE CITY OF STERLING HEIGHTS ORDAINS: Section 1. That the following land located in the City of Sterling Heights, Macomb County, Michigan, and described as follows: Lots 208 through 214 of Supervisors Plat of Eyster's Mound Road Farms No. 3, City of Sterling Heights, Macomb County, Michigan, according to the Plat thereof as recorded in Liber 20, Pages 23, Macomb County Records Subject to any and all easements and rights of way of record or otherwise. Parcel Identification Nos.: 10-14-151-007 10-04-151-006 10-04-151-005 10-04-151-004 10-04-151-003 10-04-151-002 10-04-151-001 10-04-151-008 Regular City Council Meeting Tuesday, June 2, 2015 Page 4 Commonly known as: 44214, 44230, 44242, 44256, 44266, 44282, and 44294 Mound Road and 5990 Poplar Avenue General Common Description: East Side of Mound Road between Higgins and Poplar in Section 4, PZ-1134 be rezoned from C-1 (Local Convenience Business District) to RM-2 (Multiple Family Low Rise District), in accordance with the terms of a Conditional Rezoning Agreement between RSR Mound, LLC, a Michigan limited liability company and Poplar Properties, LLC, a Michigan limited liability company, and the City of Sterling Heights, a Michigan municipal corporation, dated June 2, 2015, and that the Zoning Ordinance of the City of Sterling Heights and the Zoning Map be amended accordingly. Section 2. All other provisions of the text and map of the Sterling Heights Zoning Ordinance shall remain in full force and effect. Section 3. This amendment shall become effective in accordance with the terms and conditions set forth in the above-referenced Conditional Rezoning Agreement. This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 19th day of May, 2015, and was duly adopted at a meeting of the City Council of the City of Sterling Heights on the 2nd day of June, 2015. _______________________________ MARK CARUFEL CITY CLERK INTRODUCED: 05-19-15 ADOPTED: 06-02-15 PUBLISHED: 06-07-15 EFFECTIVE: As provided in Conditional Rezoning Agreement Councilman Romano stated this item was discussed in detail at the last meeting and he is very comfortable with it. Councilwoman Ziarko questioned the start date for construction and Mr. Rose responded as soon as they get their plans completed they are ready to begin. Yes: All. The motion carried. Regular City Council Meeting Tuesday, June 2, 2015 Page 5 CONSENT AGENDA Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda, as amended: A. To approve the minutes of the Regular Meeting of May 19, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $258,236.41, Water & Sewer Fund - $63,473.97, Other Funds - $795,834.73, Total Checks - $1,117,545.11. C. Moved to Consideration Item 5. D. RESOLVED, to approve the purchase of the 30TB Avigilon HD network video recorder storage expansion system from Absolute Security & Investigations, Inc., 314 West Walton Blvd., Pontiac, MI 48340, in the amount of $18,140. E. RESOLVED, to approve the maintenance agreement between the City of Sterling Heights and AT&T for telecommunications equipment for the period July 1, 2015 to June 30, 2016 at a cost of $21,330 and authorize the City Manager to sign the agreement on behalf of the City. F. RESOLVED, to purchase library books through the Suburban Library Cooperative, 44750 Delco Blvd., Sterling Heights, MI 48313, for fiscal year 2015/2016 in the amount of $100,000. G. RESOLVED, to award the bid for the replacement of glycol in the City Hall boiler/chiller to Arctic Air, Inc., 4918 Fernlee Avenue Royal Oak, MI 48073- 1017, at a cost of $18,582 and authorize a budget amendment from Capital Project Fund reserves in the amount of $6,582. Regular City Council Meeting Tuesday, June 2, 2015 Page 6 H. RESOLVED, to award the bid for water service installations and repairs to S&W Excavating Co., Inc., 37220 Mound Road, Sterling Heights, MI 48310 for the period July 1, 2015 through June 30, 2017, at unit prices bid and authorize the City Manager to extend the term one (1) additional year upon mutual consent of both parties under the terms and conditions. I. RESOLVED, to reject the sole bid received and authorize the Purchasing Manager to proceed with a re-bid for transmission overhauling. J. RESOLVED, to: a) Approve Change Order No. 1 for the 2015 Local Road Concrete Reconstruction Program, City Project #15-266, in the amount of $425,000 to effectuate parking lot reconstruction west of City Hall and the Sterling Heights Public Library; b) Reject all bids received for City Project #14-251 and authorize the Office of Engineering to proceed with new bids for the remaining scope of work; and, c) Approve Change Order No. 2 for the 2015 Local Road Concrete Reconstruction Program, City Project #15-266, in the amount of $129,300 to effectuate catch basin repairs. K. RESOLVED, to receive the lawsuit, Kerry Walker v. City of Sterling Heights Police Department, 41A District Court Case No. S-15-1746-GZ. Yes: All. The motion carried. CONSIDERATION Regular City Council Meeting Tuesday, June 2, 2015 Page 7 3. Moved by Romano, seconded by Schmidt, RESOLVED, to nominate Robert Ervin for consideration as an appointee to the Board of Ordinance Appeals at the June 16, 2015 regular City Council meeting. Yes: All. The motion carried. Moved by Romano, seconded by Taylor, to postpone the nomination for an appointee to the Board of Ordinance Appeals II to the regular City Council meeting of June 16, 2016. Yes: All. The motion carried. 4. Moved by Romano, seconded by Ziarko, RESOLVED, to appoint Al L. Kollmorgen, Stefano Mililtello and Donald L. Miller to the Planning Commission to a term ending June 30, 2018, 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 Schmidt, RESOLVED, to appoint Derek B. D'Angelo and Stefano Mililtello to the Zoning Board of Appeals to a term ending June 30, 2018, 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 Skrzyniarz, seconded by Romano, RESOLVED, to appoint Richard Golpe and George W. Medvedik, to the Board of Review to a term ending June 30, 2018, 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. Regular City Council Meeting Tuesday, June 2, 2015 Page 8 3. Mr. Bahorski pointed out the motion for the nomination of Robert Ervin was incorrect as Mr. Ervin had already been nominated at the prior City Council meeting. He indicated that motion would need to be reconsidered. Moved by Romano, seconded by Schmidt, RESOLVED, to reconsider the nomination of Robert Ervin to the Board of Ordinance Appeals. Yes: All. The motion carried. Moved by Romano, seconded by Schmidt, RESOLVED, to postpone the appointment to fill the vacancy on the Board of Ordinance Appeals to the regular City Council meeting of June 16, 2016. Yes: All. The motion carried. 4. Moved by Romano, seconded by Taylor, RESOLVED, to appoint Robert Ervin to the Ordinance Board of Appeals 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. 4. Moved by Ziarko, seconded by Romano, RESOLVED, to appoint Derek B. D'Angelo to the Ordinance Board of Appeals II 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. Regular City Council Meeting Tuesday, June 2, 2015 Page 9 Mayor Taylor stated he could not make contact with any of the applicants for the Ethnic Community Committee and requested the City promote this on the Facebook page or the City website to see if anyone is interested in serving on that committee. Moved by Ziarko, seconded by Taylor, RESOLVED, to postpone the appointment to the Ethnic Community Committee to the regular City Council meeting of June 16, 2016. Yes: All. The motion carried. 5. Item C from the Consent Agenda. Mr. Jeffrey Norgrove questioned the reason the City Council is considering the approval of the application. He was under the impression that the City could not do anything with Freedom Hill. Mr. Paul Smith of Sterling Heights doesn't feel the need for another day of fireworks. Moved by Romano, seconded by Taylor, RESOLVED, to approve the application by Funfest Productions, Inc. for a fireworks display permit on Sunday, June 28, 2015 at Freedom Hill County Park, 15000 Metropolitan Parkway, subject to a final site inspection by personnel of the Sterling Heights Fire Department. Councilman Romano pointed out the majority of this Council went to war with Freedom Hill and ended up in Federal court. The judge made a ruling that cost this City $31 million in favor of Freedom Hill. He stated they are allowed to have the fireworks by court order. Councilman Romano stated his concern is with the methane gas under the park and whether it will be ignited by the fireworks. He stated he has been assured that there is no safety issue there. He asked Mayor Taylor if the Fire Marshal could explain this further. Regular City Council Meeting Tuesday, June 2, 2015 Page 10 Fire Marshal Mike Bauss indicated he inspected the property and there is methane at the vents on the south side of the hill. He pointed out it is dangerous when it is in a higher level concentrated or in a pit or in a basement. There is no explosive danger with the way the system is vented at this time. He stated they required that a third party environmental consultant provide them with some assurance and he has documentation showing the readings they have done. He has been working with Kevin Cassidy from Funfest and the area where they will doing the fireworks is at the northeast corner and this location is totally acceptable. Fire Marshal Bauss has no objection to approving the site and giving his recommendation for approval. Councilwoman Ziarko questioned the exact location where the fireworks are being set off. Mr. Cassidy from Funfest responded they would be in an open field and showed the area on the map. He stated the area where the monster trucks are will be closed off before the fireworks. Councilwoman Ziarko stated fireworks are controlled and have permits and have never been an issue with the City. The music from the amphitheatre was the issue. She stated the City has certain restrictions within the settlement and Hillside is entitled to one event where they do not have to pay for any City services and this is the one particular event. Funfest has met all the regulations that have been set forth and the Fire Marshal has inspected the site. She stated this is a reputable company and she wishes them well. Councilwoman Schmidt questioned the location of the monster truck course this year as opposed to the location last year. Regular City Council Meeting Tuesday, June 2, 2015 Page 11 Mr. Cassidy responded yes the course is different this year. He believes this is a much better flow for the event and will allow them to get the fireworks to come to the property. Councilwoman Schmidt questioned the carnival rides and whether there would be any rides in that area. Mr. Cassidy responded the rides would be shut down before the fireworks and no one would be allowed in that area. Councilwoman Schmidt questioned the length of the fireworks show. Mr. Cassidy responded the show would probably last 20 to 25 minutes and would be the last event of the festival. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Joel Thomas of Sterling Heights - Against candidates using the podium. Ms. Jasmine Early of Sterling Heights - City business; First Amendment rights. Mayor Taylor explained the reason Ms. Early was asked to sit down at the last City Council meeting was because she did not allow him the opportunity to speak. Mr. Jeffrey Norgrove - Need to update Board and Commission handbook; First Amendment Rights; Use of the gavel by Mayor Taylor; adherence to Council rules. Mr. Charles Jefferson of Sterling Heights - Simultaneous construction on Van Dyke and Mound Roads; Number of minority or LGBT interviews for Boards and Commissions; Rules for campaigning at City events; Use of devices by members of the audience to film speakers at the City Council meetings. Mr. Mike Lombardini - Compensation for elected officials. Regular City Council Meeting Tuesday, June 2, 2015 Page 12 Mr. Geoff Gariepy - Recording residents who speak at public meetings. Mr. Paul Smith of Sterling Heights - Proposed vehicular bridge in Dodge Park. Mr. Mark McDonald - Change in City Council meeting dates for scheduled elections. Mr. Harry Marchlones of Sterling Heights - Guidelines for Communications from Citizens; Comments from candidates running for City Council. Mr. Jodie Horan of Sterling Heights - Compensation board rulings; Non-working signs at the Civic Center and Nature Center; In support of Mayor Taylor. Mrs. Moira Smith - Removal of trees; First Amendment rights. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated the handbook for Boards and Commissions would be updated in the very near future. Mr. Vanderpool stated in regard to any sort of campaigning or political activity at City events, handbills cannot be distributed in the area and petitions cannot be sought. Mr. Vanderpool stated in regard to the City signs, they have been turned off in many cases. The sign at the Civic Center is being reactivated and updated very soon. The sign at the Nature Center and a couple others are being reviewed. There was no report from Mr. Bahorski at this time. Councilman Skrzyniarz discussed his ride along with the Fire and Police Departments. He was impressed with the precision in the Fire Department and could not imagine what it would be like with a volunteer fire department. In regard to the Police Department, he pointed out the sober reminder that the police officers put their lives on the line every Regular City Council Meeting Tuesday, June 2, 2015 Page 13 time they respond to a call. He stated it is important for residents to remind themselves when they see a police officer or firefighter to thank them for what they do. Councilman Romano stated he had the pleasure this evening to honor our former Mayor Notte with a dedication of a boulevard named for him on 19 Mile Road between Mound and Ryan and all Council members were there. Councilwoman Schmidt congratulated the Sterling Heights High School community named by US News and World Report as one of the top outstanding high schools in the country. She stated Principal Miller, the staff, students and parents work hard together. Councilwoman Koski questioned the website where residents could go to find out about construction in the City. She also asked him to address the Dodge Park bridge. Mr. Vanderpool responded the website is macombroads.org and residents could go there to get updates, especially about Van Dyke. With respect to Mound Road, the county is trying to get that completed as soon as possible. Mr. Vanderpool stated in regard to the bridge, the City has received grant funding for the bridge and certain specifications have to be met. Mayor Taylor pointed out he has never cut someone off from speaking and Council would never call someone out of order because of something they disagreed on. He stated this Council is very lenient when it comes to allowing discussion and allowing people to have their first amendment rights. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. Regular City Council Meeting Tuesday, June 2, 2015 Page 14 The meeting was adjourned at 9:16 p.m. MARK CARUFEL, City Clerk