City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 4, 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 Walt Blessed, Acting 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; Walt Blessed, Acting 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 the Treasure Hunter's Market will take place this Saturday, August 8th from 8:00 a.m. to 3:00 p.m. in Dodge Park. He also reminded residents of the Teen Fest August 21st. Mr. Vanderpool reported the parking lot construction is continuing behind City Hall with the section behind the Library. The work will continue with the section behind the Police Department in a few weeks. Work will continue until October or early November. Mr. Vanderpool highlighted some exciting development projects underway in the City, with the use of a PowerPoint presentation: Regular City Council Meeting Tuesday, August 4, 2015 Page 2 The Polish Market on Mound Road is progressing with almost 6,000 square feet of market space, with a European style bakery. There will be a 5,0000 square foot restaurant with an indoor/outdoor patio and microbrewery in 2017. On Van Dyke and 15 Mile Road, plans are being reviewed for construction in the next few months of a Holiday Inn Express with 96 guest rooms, an indoor pool and business center. It will be 4 stories and approximately 96,000 square feet. It is one of a few hotels interested in locating in Sterling Heights and he believes this could be tangible evidence of the economic impact of the Chrysler SHAP Plant project that the City fought so hard to save and the Chrysler Stamping Plant and Ford Motor Company facilities as well. The shopping center at M-59 and Hayes is being redeveloped with several different stores in place of the Flower Barn. Mr. Vanderpool reported on the Dodge Park Pedestrian bridge to replace the existing bridge. He showed a rendering of the bridge, which will be handicap accessible and emergency response accessible. Mr. Vanderpool pointed out the City received a grant for $651,000 through the Federal Transportation Alternatives Program to replace the existing bridge, the total cost of which will be $930,000. He thanked the Administrative team that worked so hard to get this grant funding. PRESENTATION Ms. Tammy Turgeon, Community Services and Library Director, made a presentation to acknowledge the donations to the Sterling Heights Public Library raised by Macy's of Lakeside Mall through the 2014 Be Book Smart Campaign. She thanked Tiffany Lehman, manager of Lakeside Macy's, for selecting our library as a recipient of these books. Regular City Council Meeting Tuesday, August 4, 2015 Page 3 Moved by Schmidt, seconded by Ziarko, RESOLVED, to acknowledge and accept donations to the Sterling Heights Public Library raised by Macy's of Lakeside Mall through the 2014 Be Book Smart Campaign. Councilwoman Schmidt thanked Macy's and the Library. Mayor Taylor also thanked Macy's for their contributions to the Library. Yes: All. The motion carried. City Development Director Denice Gerstenberg gave an overview of the upcoming Master Land Use Plan Update. She introduced Mr. Nicholas Lamarco, Senior Vice President of Wade Trim Associates, Inc. to explain their team and to give a background on the proposal which they submitted back in October. He plans to meet with the City quarterly. With the use of a PowerPoint presentation, Mr. Lamarco illustrated their team and scope of services. He pointed out the project will take approximately one year. ORDINANCE INTRODUCTION 1. Assistant City Attorney Don DeNault and Fire Chief Chris Martin made presentations on the proposed ordinance banning the sale and use of sky lanterns in the City of Sterling Heights and the adoption of a resolution in support of House Bills 4725 and 4726 to repeal the Michigan Fireworks Safety Act. Representatives from the State House Henry Yanez and Jeff Farrington addressed the Council as well. Mr. Michael Lombardini thanked Councilman Romano for raising this subject and other members of City Council for debating it. He is in favor of the ban and resolution. Mr. Jeff Norgrove discussed what the sky lanterns really are, flying pyrotechnic devices. He is in favor of the ban. He also pointed out the danger of fireworks. Regular City Council Meeting Tuesday, August 4, 2015 Page 4 Mr. Jody Horan pointed out the sky lanterns go up in the air and once they are in the air you would have no control over them. He questioned why anyone would take this risk when they don't have to. He thanked the State Representatives and the Fire Marshal. Mr. Robert Bankey, regional manager of Pro Fireworks, stated they have sold hundreds to thousands of the sky lanterns with no problems and they sell to many organizations that participate in celebrating cancer victims They hired a law firm to evaluate the House Bills and he discussed their results. He requests the City Council not pass any ordinance to prohibit the use of sky lanterns. Mr. Paul Smith believes the City needs to have the right to ban and regulate fireworks. Mrs. Mary Labower stated there is a law on the books that no fireworks can be set off in apartments or condominiums and discussed the dangers from their illegal use in her condominium unit. Mr. Mike Gretel spoke in favor of a ban on sky lanterns, but doesn't believe anything can be done about the fireworks. Ms. Linda Godfrey expressed concern with both the sky lanterns and fireworks. She recommended the legislators take all the money they pass out to the communities and use it for roads. Mr. Joel Thomas stated a ban on sky lanterns would not be a good solution and a violation of citizens' rights. He suggested a string be tied on the sky lanterns so they could be brought down when the fire is extinguished. Regular City Council Meeting Tuesday, August 4, 2015 Page 5 Mr. Harry Marchlones believes people have a right to celebrate. He suggested the voters be allowed to decide what they want. Mr. Joe Judnick questioned the number of fires in the City as a result of the use of sky lanterns. Mr. Dennis White spoke against both sky lanterns and fireworks. He discussed the environmental hazards that affect people's breathing. Representative Farrington pointed out he was the only one that voted for the fireworks law and it is the one vote he wishes he could change. Representative Yanez pointed out you could not legislate what people do and how people are. He believes there are other ways of celebrating events without risking the health of individuals. He stated the state is not getting the amount of money that we should out of this project compared to the amount of money it is costing the cities. Representative Yanez believes that we need to repeal this law, but he knows that it will be difficult. Moved by Romano, seconded by Ziarko, RESOLVED, to introduce the ordinance amending Chapter 20, Article V of the City Code to ban the sale and use of sky lanterns within the City of Sterling Heights. Councilman Romano stated he enjoys fireworks, but he wants to ban the ones that are discharged after the Fourth of July and after the New Year. He agrees that this issue should be brought back to the cities to decide what laws they want to pass regarding the fireworks. He agrees with Councilwoman Schmidt that we should contact other cities and let them know what we are doing and stated some of them want to see our resolution. Regular City Council Meeting Tuesday, August 4, 2015 Page 6 Councilwoman Ziarko expressed concern with the sky lanterns and stated regulations are needed for the safety of the residents. She agreed that we need to contact other cities around us. Councilman Skrzyniarz asked Mr. DeNault to look at the definition of combustible and whether that was discussed in their deliberations. Mr. DeNault responded they did and that was the number one question they had. The Michigan Fireworks Safety Act states that only those things listed in Standard 87-1 of the American Pyrotechnics Association would qualify as consumer fireworks under state law. That Standard does not list sky lanterns or anything like sky lanterns, so if it is not listed, we are not prohibited from banning them. Councilman Shannon spoke in favor of banning sky lanterns for the safety of the residents. He understands the ordinance would be difficult to enforce, but sees the biggest impact on the sale of fireworks and stated it would bring down the use of them. Councilwoman Koski asked the Fire Chief to discuss the exception for religious ceremonies. Fire Chief Martin responded once the ordinance is adopted, they would work with the Fire Marshal and City Attorney. Councilwoman Schmidt questioned organizations, such as Relay for Life, that use the sky lanterns and whether they would be able to obtain a permit. Mr. DeNault responded there are laws that protect religious organizations and they did not feel they could completely ban them if they were part of a religious ceremony. They have not included other organizations at this point, but that could be added if it is Council's desire to add charitable organizations. Regular City Council Meeting Tuesday, August 4, 2015 Page 7 Councilwoman Schmidt is in support of this ordinance, but would like to see some of the issues clarified and answered as far as religious organizations and non-profits before the adoption of the ordinance. Mr. Bahorski stated they could add language for non-profits between now and the adoption if it is the Council's desire. He will come forward with revised sections if there is no objection. Mayor Taylor has never heard of a religion that uses sky lanterns. He believes if they are dangerous, they are dangerous for charitable organizations as well. He thanked the State Representatives for attending the meeting and providing their input. Yes: All. The motion carried. Moved by Romano, seconded by Ziarko, RESOLVED, to adopt the resolution requesting that the Michigan Legislature and Governor enact House Bills 4725 and 4726 of 2015 into law. Councilwoman Ziarko questioned the number of signatures Representative Yanez has on his petition. Mr. Yanez responded it's not his petition; there are two petitions and last he heard there were just over 24,000 signatures on the online petition. Councilwoman Ziarko inquired whether there was a link on the City's website for people that want to sign the petition. Mr. Vanderpool responded there is a link on the City's website. Councilwoman Ziarko pointed out residents don't have a concern with firework displays that are governed and controlled. Residents are concerned about other residents setting them off in their back yards. She agrees with Mr. Smith about getting back local control. Regular City Council Meeting Tuesday, August 4, 2015 Page 8 Councilwoman Ziarko believes the City Council should be able to control what we want in our community. She would be happy with a change in the number of days that fireworks could be shot off. She applauded Representative Farrington for changing his mind. Councilwoman Schmidt questioned the amount of revenue generated by the state since the fireworks law has been enacted. Representative Yanez responded he doesn't have the number since the law has been enacted, but last year the total was $26 million. Councilwoman Schmidt pointed out the City of Sterling Heights only received a little over $7,000 since the enactment of the fireworks law. Representative Yanez discussed the formula used for dividing up the revenue. Councilwoman Schmidt spoke in full support of this bill and stated control needs to come back to the local governments. Councilman Romano appreciates the Representatives coming to the City Council meeting. Mayor Taylor stated he is always in support of more local control, but he doesn't believe this issue can be solved by giving the City more control. He believes the law needs to be repealed so people are not allowed to buy fireworks in the State of Michigan. Yes: All. The motion carried. CONSENT AGENDA 2. Mr. Mike Gretel discussed Items H and I. Mr. Paul Smith discussed Item C and inquired the need for the tires. Regular City Council Meeting Tuesday, August 4, 2015 Page 9 Ms. Linda Godfrey discussed Item H, the horrible smell of the drainage system on Utica Road, the new drain and the suggested roundabout. In regard to Item J, Ms. Godfrey is against Mr. Vanderpool being the voting delegate at the Michigan Municipal League Annual Convention because he is not an elected official. She believes an elected official should accompany him if they choose to have him attend. Mr. Dennis White discussed Item H and questioned where the money is being spent and where it's coming from and stated he would rather see the money go into the roads. In regard to Item I, Mr. White is in favor of the lighting fixtures. Mr. Jody Horan of Sterling Heights would be in favor of getting prices as low as possible for all these expenditures, but realizes that might not be possible. Mr. Harry Marchlones discussed Item C and the price of Michelin tires. He shares Mr. Smith's concerns that there are companies that do things in a less expensive manner. In regard to Item J, Mr. Marchlones stated it doesn't matter if Mr. Vanderpool is an elected official or not. He takes care of the day to day operations of the City and has more knowledge. Mayor Taylor asked Mr. Vanderpool to respond to some of the comments from the residents. Mr. Vanderpool discussed the number of heavy vehicles the City has, as well as the number of police cars. Federal law requires that tires on police vehicles meet high pursuit requirements. He pointed out the City pays $113 for these high pursuit tires, compared to $178 at Discount Tire or another retail outlet. For a Tahoe, a consumer would pay $262 and we pay $151. He believes there are savings with this bid and the City and taxpayers are getting a very good deal with this contract. Regular City Council Meeting Tuesday, August 4, 2015 Page 10 Mr. Vanderpool discussed the Civic Center improvements and the problems that need to be addressed with the drainage. There will be significant grade changes to minimize the tension wall cave in that has occurred behind the police station. The parking lot is in desperate need of repair as well. This was competitively bid and this was the best price we could get. Mr. Vanderpool discussed the odors with the drainage system and stated that is the from the sanitary sewer venting system on Utica Road, which is handled by the Detroit Water and Sewer Department. The new drain would be the storm water drain. In regard to the LED lights, Mr. Vanderpool stated the LED lighting has a payback period of less than 3 years, so once we hit the 3 year mark we save approximately $15,000 a year. He believes this is a very wise investment. Moved by Koski, seconded by Romano, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of July 21, 2015, as presented. B. To approve payment of the bills as presented: General Fund - $785,662.03, Water & Sewer Fund - $267,239.09, Other Funds - $673,908.97, Total Checks - $1,726,810.09. C. RESOLVED, to purchase Goodyear automobile and miscellaneous replacement tires at pricing available through the State of Michigan cooperative bid, MiDeal contract #071B8200076, through January 15, 2016. D. RESOLVED, to purchase janitorial supplies from Nichols Paper & Supply Co., d/b/a Nichols, Inc., 1391 Judson Road, Norton Shores, MI 49456, at pricing available through the National IPA Cooperative Request for Proposals, contract #151148, for a two-year period. Regular City Council Meeting Tuesday, August 4, 2015 Page 11 E. RESOLVED, to approve final payment to Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185 in the cumulative amount of $141,924.95, plus interest on retainage, for the 2014 Concrete Sectional Replacement Program (City Project #14-248), Indigo Drive and West Elmcrest Drive Reconstruction (City Project #13-247) and DPW Wash Bay (City Project #13-241). F. RESOLVED, to approve final payment to Michigan Joint Sealing, Inc., 28830 W. 8 Mile, Suite 103, Farmington Hills, MI 48336, in the amount of $5,511.83 plus interest on retainage for the 2014 Joint Sealing Program, City Project #14- 262. G. RESOLVED, to approve the Agreement to Vacate Public Easement for Water Mains for the proposed Lakeside Manor Nursing Home, Section 1, PSP14-0034, and the Mayor and City Clerk are hereby authorized to sign the agreement on behalf of the City. H. RESOLVED, to award the bid for Richard J. Notte Civic Center Improvements - Phase I, City Project #14-251, to Z Contractors, Inc., 50500 Design Lane, Shelby Township, MI 48315 in the amount of $1,133,908.30, and authorize the Mayor and City Clerk to sign all required documents on behalf of the City. I. RESOLVED, to approve the Purchase Agreement for Municipal Street Lighting between DTE Energy and the City of Sterling Heights to convert 233 lighting fixtures to LED technology, authorize the City Manager to execute the Agreement on behalf of the City and authorize a budget amendment for $40,800 utilizing general fund reserves. Regular City Council Meeting Tuesday, August 4, 2015 Page 12 J. RESOLVED, to designate Mark D. Vanderpool as the voting delegate for the City of Sterling Heights at the Annual Business Meeting of the Michigan Municipal League to be held on September 17, 2015. Yes: All. The motion carried. CONSIDERATION 3. Mrs. Sharon Nemeth, chairperson for the Margaret Black Elementary PTO, was present. Moved by Schmidt, seconded by Ziarko, RESOLVED, that the request from Margaret Black Elementary PTO, of Sterling Heights, County of Macomb, asking that they be recognized as a nonprofit organization operating in the community for the purpose of obtaining a charitable gaming license be considered for approval; provided however, that this action is not an endorsement of the organization and the City of Sterling Heights should not be listed on any promotional materials associated with their charitable gaming activities. Councilwoman Schmidt pointed out to the petitioner that Margaret Black Elementary PTO already came before the City Council for this recognition. She inquired whether their license lapsed and why they were coming back before the City Council. Mrs. Nemeth was not aware of this. Mayor Taylor stated the organization meets the two requirements he looks for: whether they are a nonprofit organization and whether they operate in the City. He stated he would vote in favor of the motion. Yes: All. The motion carried. Regular City Council Meeting Tuesday, August 4, 2015 Page 13 4. Moved by Ziarko, seconded by Schmidt, RESOLVED, to nominate Michael Sauger for consideration as an alternate member appointee to the Board of Ordinance Appeals I at the August 18, 2015 regular City Council meeting. Councilwoman Ziarko pointed out that Mr. Sauger also serves on Ordinance Appeals II and the City is trying to alternate two people so they can sit in for each other when necessary. Yes: All. The motion carried. Moved by Ziarko, seconded by Schmidt, RESOLVED, to nominate Kathryn Jiles for consideration as an alternate member appointee to the Board of Ordinance Appeals II at the August 18, 2015 regular City Council meeting. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mrs. Engheart of Sterling Heights - Notice of violation, trespassing on her property. Mr. Mike Gretel - Planning Commission meeting regarding a worship center. Mrs. Moira Smith - Senior Center Bike group. Mr. George Hennard of Sterling Heights - City logo. Ms. Linda Godfrey - Sterlingfest, Timing for Meet the Candidates forum, City website. Mr. Paul Smith of Sterling Heights - Meet the Candidates forum, suggestion for committee of former City Council members, City website, political signs. Mr. Mike Lombardini - Mrs. Smith's bicycle club, grant for pedestrian bridge, Planning Commission meeting regarding a worship center. Mr. Jeffrey Norgrove - City website should contain weather warnings, road closures and power outages. Regular City Council Meeting Tuesday, August 4, 2015 Page 14 Mr. Michael Radke - Lack of sidewalks for bicycle use. Mr. Dennis White of Sterling Heights - Violation notices, landscape companies working for the City. Mr. Joe Judnick, 6040Mulberry, Sterling Heights - Concrete repairs on 19-1/2 Mile and Merrill. Mrs. Jasmine Early - City website, church locations, political signs. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There were no reports from Mr. Vanderpool or Mr. Bahorski at this time. Councilman Skrzyniarz expressed his excitement with the grant and work done by the City for the new pedestrian bridge in Dodge Park. Councilman Skrzyniarz is a supporter of the Second Amendment, hunting rights and personal protection, but wanted to point out the City Council spent about 20 hours of the last 6 months talking about fireworks and smart meters. He reminded people that last year's fireworks caused about 10,000 injuries and 7 deaths. There were 51,000 injuries last year and 12,000 deaths from gun violence, but there is nothing that can be done at the local level. He wanted this to be put into perspective when you talk about things that affect people. Councilwoman Schmidt thanked all the volunteers and employees that helped to make Sterlingfest a success. She congratulated Chief Chris Martin and his Red Sox Team for taking the City championship last night. Mayor Taylor stated to Mrs. Engleheart, one of the main concerns he has heard from residents are residents complaining about other residents who don’t maintain their Regular City Council Meeting Tuesday, August 4, 2015 Page 15 properties. He explained the contractor comes out and takes a picture of the lawn to make sure it is 6" long. These complaints need to be addressed and he is in support of the program the City has in place. Mayor Taylor stated the City could look into the notices and when they are placed on the premises, in some cases late at night. The residents should be given 24 hours to correct the violation. Mayor Taylor stated in regard to the Planning Commission meeting, the Zoning Ordinance allows places of worship in Residential areas. In regard to the City logo and website, Mayor Taylor asked residents to give it some time to get used to. He stated the website is much more user friendly on a mobile device. He encouraged residents with complaints about the website to contact the Community Relations Department and voice their concerns. Mayor Taylor thanked all the volunteers and sponsors that made Sterlingfest possible and pointed out there is no campaigning during Sterlingfest, regardless of who the person is. Mayor Taylor discussed the consent form that candidates must obtain in order to place a campaign sign on non-residentially zoned property. He is against this requirement and feels it is against freedom of speech and a person's constitutional rights. He is requesting the City Administration bring that item to the attention of the City Council at the second meeting in August for an ordinance introduction. Councilwoman Ziarko disagrees with Mayor Taylor and wants to keep the ordinance the way it is. She doesn't believe it is a violation of anyone's constitutional rights. It is a way of regulating political signs and changing it a few months before an election is self- serving. Councilwoman Ziarko would appreciate it if it could be brought up at another Regular City Council Meeting Tuesday, August 4, 2015 Page 16 time when it wasn't affecting their election. She has no problem with the process that is currently in place and believes that a change is not in the best interest of 130,000 people. Councilman Romano doesn't have any problem with an ordinance that releases the property owner from signing something and he would support that, but only after the election is over. In regard to the grass cutting violations and giving residents 24 hours, he doesn't believe giving people more time to cut the grass would make any difference. It takes longer than 24 hours for the grass to grow 6". He doesn't believe tweaking the ordinance is the answer. Councilwoman Schmidt objects to the change in the sign ordinance. The burden is on the candidates, not the land owners. She also believes it should not be done in the middle of an election. Mr. Bahorski pointed out to Mayor Taylor that they would need a motion or clear direction as to what the Administration should do with the ordinance. Mayor Taylor asked for a motion for the next City Council meeting to direct the Administration to prepare an ordinance eliminating the consent form requirement for political signs. Councilman Romano asked if it could be after the election and stated he would only support it if it was after the first of the year. Mayor Taylor disagreed with waiting. Councilwoman Koski suggested the City Council have a full discussion at the next meeting on whether they want to have the ordinance. Regular City Council Meeting Tuesday, August 4, 2015 Page 17 Moved by Koski, seconded by Taylor, RESOLVED, to direct Administration to prepare an ordinance for Council consideration at the next City Council meeting. Mayor Taylor inquired whether the motion as made would be clear direction. Mr. Bahorski responded yes, based on the Mayor's statement that the proposed amendment would be to eliminate the consent form. Councilman Romano asked again if the maker of the motion would consider adding that it be done the first of the year. Mayor Taylor stated as the motion stands, we are asking Administration to put this on the agenda for the next meeting and then any items could be added at that time. Roll call vote: Yes: Koski, Taylor, Romano, Shannon, Skrzyniarz. No: Schmidt, Ziarko. The motion carried. Councilwoman Koski stated there was discussion about "Meet the Candidates" and what the procedure is. She requested the Administration give Council information on how it was established and why the Chamber of Commerce is in charge of it and if there is a date specific when that is to take place. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:43 p.m. WALTER C. BLESSED, Acting City Clerk