City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 15, 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 recognized some of the dignitaries that were present this evening in regard to the Clinton River project: State Representative Jeff Farrington, Phil Craft from Candace Miller's office, Keith Nelson from Congressman Sander Levin's office, Anna Vaara, executive director of the Clinton River Watershed Council and Bill Osendale on behalf of the City of Utica. REPORT FROM CITY MANAGER Mr. Vanderpool reported the Sterling Heights Fire Department kicks off 2015 Fire Prevention Week with the return of its Open House from 11 am to 2 pm on Sunday, Regular City Council Meeting Tuesday, September 15, 2015 Page 2 October 4th at Fire Station #4. He encouraged all residents to join the fire department for a festival of fun and fire safety. Mr. Vanderpool announced that once again the Sterling Heights Police Department has been ranked as one of the safest cities in the State of Michigan. This recognition was by Munetrix, an entity that has never ranked the City before. He pointed out Sterling Heights came in sixth out of 31 cities with populations over 50,000 and with populations over 100,000, Sterling Heights was ranked the safest City in Michigan. Mr. Vanderpool stated it is reflective of the City Council's ongoing commitment to public safety and allocating the necessary funding to hire 50 police officers over a three-year period and providing them with state-of-the art equipment. He commended the men and women of the police department, who take great pride in their work and are committed to making the City of the safety in the State of Michigan and in the Country. Mr. Vanderpool reported the City completed its Visioning 2030 plan a year ago and an important part of that plan is place-making initiatives that will retain existing residents and businesses and attract new families and new businesses. He announced one of the largest place-making initiatives in our City's history. Mr. Vanderpool introduced Denice Gerstenberg, City Development Director, to begin the presentation. Ms. Denice Gerstenberg gave an overview of the current and future events around the Clinton River. With the use of a power point presentation, she illustrated the place- making initiatives: reconstruction of Van Dyke, Dodge Park Road reconstruction project Richard J. Notte Civic Center improvements, WaterTowns initiative, Fishing access and Regular City Council Meeting Tuesday, September 15, 2015 Page 3 improving water quality in and along the river and dedicated funds for park connections and trails. Ms. Gerstenberg pointed out the newest place-making event - the Farmer's Market. She discussed the Clinton River water trail landing, the Blue Economy initiative, the developments of bike trails and the Michigan Iron Belle Trail going through Dodge Park. Ms. Gerstenberg also pointed out the City's future plan for a quality dog park. She discussed the reenergizing of the north Van Dyke river district from 18-1/2 Mile north to the City limits. She pointed out upcoming community events to continue the place-making initiatives: the Fire Department Open House on October 4th, Daddy- Daughter Dance on October 5th, Sterling Frights Halloween Party October 24, Veteran's Day celebration on November 11 and Sterling Christmas on December 5th. Ms. Gerstenberg introduced Mr. Jamie Burton from Hubbell, Roth and Clark. Mr. Burton discussed the restoration of the Clinton River and the partnership approach. With the use of a power point presentation, he illustrated the Clinton River corridor. He announced the City of Sterling Heights and the City of Utica have been successful in obtaining a $4.5 million grant to fund the restoration project. He pointed out the partnerships with Sterling Heights, Utica, Hubbell Roth and Clark, Clinton River Watershed Council, as well as local and regional agencies. He stated construction will occur over the next several years and signs will be put up identifying the project. He showed a short video prepared by Sterling Heights Television at this time. Ms. Gerstenberg invited Anna Vaara, Executive Director of the Clinton River Watershed Council, to make some comments. Regular City Council Meeting Tuesday, September 15, 2015 Page 4 Ms. Vaara gave background information on the Watershed and explained the restoration initiative and WaterTowns. She urged the City Council to approve the resolution under the Consent Agenda for WaterTowns. Ms. Gerstenberg invited the Mayor and City Council members to join them for a photo opportunity. Mr. Vanderpool thanked all the partners involved in this initiative, the City Development Director Denice Gerstenberg, City Engineer Brent Bashaw, Community Relations Director Bridget Doyle and her team and the Mayor and City Council for supporting the Visioning 2030 Plan and recognizing the importance of the Clinton River project. Mayor Taylor thanked all the partners and stated this is the culmination of a lot of hard work by both cities, the City administration, City Development Director, City Engineering Department and partners at the Federal Government to get this done. PRESENTATION Chief Michael Reese introduced and performed the swearing-in ceremony for the following new Sterling Heights Police Officers: Michael Conley, Anthony Dykas, Kristopher Fischer and Michael Manzella. Chief Reese thanked the City Council for their continued support of public safety along with the residents for their continued support of the police department. Mayor Taylor stated the reason they were able to hire these new police officers is because of the residents of Sterling Heights. He thanked the residents for giving them this opportunity two years ago when the City stated they were going to lose 45 police officers Regular City Council Meeting Tuesday, September 15, 2015 Page 5 and 20 firefighters and the residents stated they wanted this service with professional police and firefighters. PUBLIC HEARING 1. Mayor Taylor opened the public hearing to consider the application by AGM Automotive, LLC for an Industrial Facilities Exemption Certificate at 5980 Progress Drive. City Assessor Dwayne McLachlan explained the request. He stated the facility is currently being built and relocated to Sterling Heights from Troy. The applicant is applying for a fifty percent tax abatement for the proposed $3.3 million real property investment and will create 45 new jobs in the City. Mayor Taylor opened the public hearing. There was no audience participation at this time. Mayor Taylor closed the public hearing. Moved by Skrzyniarz, seconded by Ziarko, RESOLVED, that the application for an Industrial Facilities Tax Exemption Certificate by AGM Automotive, LLC at 5980 Progress Drive is hereby approved for a period of ten years in accordance with the guidelines established by City Council and the Mayor and City Clerk are hereby authorized to sign, as applicable, all documents required in conjunction with this approval. Councilman Skrzyniarz stated that 45 new jobs and an investment of over $3 million jumps out right away and he is very excited about the new jobs and investment in this community. Regular City Council Meeting Tuesday, September 15, 2015 Page 6 Councilwoman Ziarko pointed out the City is moving in the right direction now with the new progress going on and she appreciates AGM's faith in the City of Sterling Heights. Mayor Taylor stated a few of the City Council members went out to the facility and he believes they will be a great asset to the City. He agreed with Councilwoman Ziarko that there is a lot of new investment going on in the City and he is excited about it. Yes: All. The motion carried. ORDINANCE INTRODUCTION 2. City Planner Don Mende made a presentation regarding the request for a conventional rezoning on the property on the west side of Van Dyke, between Fifteen Mile Road and Metropolitan Parkway in Section 28, from M-1 to C-3, Case No. PZ15-1137. He pointed out because the petitioner is seeking a conventional rezoning, the representations made by the petitioner are not binding and the subject property can be developed with any uses permitted in the C-3 zoning district. The Planning Department as well as the Planning Commission recommends denial of the rezoning request. Mr. James Porritt, Select Commercial Assets, LLC, explained how they acquired the property through foreclosure and the fact that they did not have the ability to go through the normal site plan process because the management team and user want delivery of the project before 2017. Mr. Paul Smith of Sterling Heights spoke in support of this proposed development and stated the City should accept this offer. Ms. Linda Godfrey suggested the City Council postpone action on this issue and work with the developers. Regular City Council Meeting Tuesday, September 15, 2015 Page 7 Moved by Romano, seconded by Ziarko, RESOLVED, to deny introduction of the map amendment to conventionally rezone property on the west side of Van Dyke, between Fifteen Mile Road and Metropolitan Parkway in Section 28, from M-1 (Light Industrial District) to C-3 (General Business District), Case No. PZ15-1137. Councilman Romano stated the City Council is not opposed to this project, but they are opposed to the fact that they want a conventional rezoning. He would agree with a conditional rezoning on this property. Councilwoman Ziarko agrees with Councilman Romano. If the petitioner came in with a conditional rezoning and gave the City Council an assurance on what was going to be built on the property, she would be happy to look at the project. Mr. Porritt explained again the reason they could not go through with the site plan process and stated they are trying to make sure they get the parties before they find a location outside the city. Councilwoman Koski inquired whether the petitioner had an opportunity to consult with Mr. Bonner and suggested they contact him. Mr. Porritt responded they had a couple of leads for automotive type sales and uses compliant with the existing zoning, but they were not the highest and best use for the site. Councilman Skrzyniarz stated the petitioner is worried about the risk that they will take on, but the City is concerned with the risk to the residents. There is way too much risk for him to be able to support the request at this time. Mr. Porritt explained there is just as much risk with the existing zoning and they are trying to propose a better use for the site. Regular City Council Meeting Tuesday, September 15, 2015 Page 8 Mayor Taylor pointed out the limited amount of industrial area and stated it is less risky to keep it as an industrial zoned property. He stated hotel uses are desirable up and down Van Dyke, so he believes if you built it they will come. He recommended if this request is denied, that the petitioner go through the conditional rezoning and continue to try and develop this property. Yes: All. The motion carried. CONSENT AGENDA 3. Mr. John Ozum discussed Item H and asked the City Council to approve this resolution. Ms. Linda Godfrey discussed Item G and spoke against the purchase of this property. She hopes the City Council would consider using the $120,000 for road repairs. Mr. Michael Radke spoke in support of Item G and the purchase of this property. Mr. Paul Smith of Sterling Heights discussed Item G and the large amount of money items under the Consent Agenda. He stated the $120,000 could be better spent and should have been openly discussed. Mr. Paul Smith discussed Item I and stated this has no place on the Consent Agenda. Mr. Michael Lombardini spoke in support of Item G and stated if the City doesn't buy the property now, it will cost more in the future. Mrs. Jazmine Early of Sterling Heights discussed item G and inquired the purpose for purchasing the property. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of September 1, 2015, as presented. Regular City Council Meeting Tuesday, September 15, 2015 Page 9 B. To approve payment of the bills as presented: General Fund - $1,075,434.12, Water & Sewer Fund - $2,282,922.88, Other Funds - $2,443,393.47, Total Checks - $5,801,750.47. C. RESOLVED, to approve the service agreements between the City of Sterling Heights and Shred-It USA, LLC for the destruction of documents containing personal information for a five-year period and authorize the City Manager to sign all documents required in conjunction with this approval. D. RESOLVED, to award a bid for the purchase of a trailer-mounted 6" diesel centrifugal (trash) pump to Xylem Dewatering Solutions, Inc., 300 Temple Street, Painesville, OH 44077, in the total amount of $44,514.10. E. RESOLVED, to receive the report from the Purchasing Manager pursuant to City Code §2-221(B) regarding the emergency repair to the Fire Department's 2003 Sutphen aerial ladder truck by the Sutphen Corporation, 7000 Columbus- Marysville, P.O. Box 0158, Amlin, OH 43002 in the amount of $23,178.46. F. RESOLVED, to receive the report from the Purchasing Manager pursuant to City Code §2-221(B) regarding the emergency replacement of the air conditioning compressor at the 41A District Court building by Macomb Mechanical, Inc., 6250 19 Mile Road, Sterling Heights, MI 48314, at a total cost of $21,175 and authorize a budget amendment from General Fund reserves in the amount of the emergency purchase. G. RESOLVED, to approve the Offer to Purchase Real Estate commonly known as 40244 Utica Road and authorize the City Manager or his designee to sign, as Regular City Council Meeting Tuesday, September 15, 2015 Page 10 applicable, all documents required in conjunction with this approval and authorize a budget amendment to use General Fund reserves for the purchase. H. RESOLVED, to present a resolution designating October, 2015 as Dysautonomia Awareness Month in the City of Sterling Heights: ~ RESOLUTION ~ A resolution of the City Council designating October, 2015 as Dysautonomia Awareness Month in the City of Sterling Heights Dysautonomia is a group of medical conditions that result in a malfunction of the autonomic nervous system, which is responsible for “automatic” bodily functions such as respiration, heart rate, blood pressure, digestion, temperature control and more; Dysautonomia are considered rare diseases, such as Multiple System Atrophy and Pure Autonomic Failure, while other forms of dysautonomia are common, impacting millions of people in the US and around the world, such as Diabetic Autonomic Neuropathy, Neurocardiogenic Syncope and Postural Orthostatic Tachycardia Syndrome; Dysautonomia impacts people of any age, gender, race or background, including many individuals living in the state of Michigan; Some forms of dysautonomia can be very disabling and this disability can result in social isolation, stress on the families of those impacted, and financial hardship. Some forms of dysautonomia can result in death, causing tremendous pain and suffering for those impacted and their loved ones; Increased awareness about dysautonomia will help patients get diagnosed and treated earlier, save lives, and foster support for individuals and families coping with dysautonomia in our community; Dysautonomia International, a 501(c)(3) non-profit organization that advocates on behalf of patients living with dysautonomia, encourages communities to celebrate Dysautonomia Awareness Month each October around the world; NOW, THEREFORE, BE IT RESOLVED, to designate October 2015 as Dysautonomia Awareness Month in the city of Sterling Heights. Regular City Council Meeting Tuesday, September 15, 2015 Page 11 This Resolution was adopted at a regular meeting of the Sterling Heights City Council held on the 15th day of September, 2015. _________________________________________ Mark Carufel, City Clerk I. RESOLVED, to adopt the resolution authorizing participation in the WaterTowns™ initiative and approving the Agreement for Participation between the City of Sterling Heights and Clinton River Watershed Council: RESOLUTION A resolution of the City Council authorizing participation in the WaterTowns™ initiative through the Clinton River Watershed Council. WaterTowns™ is a water-oriented community development initiative designed to assist towns and cities within the Clinton River Watershed to leverage the assets of the Clinton River and Lake St. Clair and to protect and improve water quality; The WaterTowns™ initiative affords participants an opportunity to advance watershed management, promote a blue economy, enhance water-based tourism, and implement green infrastructure; The WaterTowns™ initiative is managed by the Clinton River Watershed Council, an organization dedicated to protecting, enhancing, and celebrating the Clinton River, its watershed, and Lake St. Clair; The city of Sterling Heights is located within the Clinton River Watershed and is a member of the Clinton River Watershed Council; The city of Sterling Heights, as a member and supporter of the Clinton River Watershed Council, recognizes the recreational and economic potential of its water resources; The city of Sterling Heights desires to incorporate environmental best management practices as an integral part in community planning and development and maximize its water resources for the benefit of its residents; Participation in the WaterTowns™ initiative will facilitate collaboration with Clinton River Watershed Council to develop and implement a local WaterTowns™ strategy; and, Regular City Council Meeting Tuesday, September 15, 2015 Page 12 WHEREAS, there is no financial cost to participate in the WaterTowns™ initiative. NOW, THEREFORE, BE IT RESOLVED, that the City Council for the city of Sterling Heights, county of Macomb, and state of Michigan authorizes participation in the WaterTowns™ initiative. BE IT FURTHER RESOLVED to approve the Agreement between the city of Sterling Heights and Clinton River Watershed Council for participation in the WaterTowns™ initiative and authorize the City Manager to sign all documents required in conjunction with this approval. MOVED BY: Councilwoman Koski SECONDED BY: Councilman Romano AYES: Koski, Romano, Schmidt, Shannon, Skrzyniarz, Taylor, Ziarko NAYS: None ABSENT: None IN WITNESS WHEREOF, I have set my official signature this 15th day of September, 2015. __________________________________ Mark Carufel, City Clerk Yes: All. The motion carried. CONSIDERATION 4. Moved by Romano, seconded by Ziarko, RESOLVED, to appoint Thomas Szatkowski to the Board of Code Appeals to a term ending June 30, 2020, 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, September 15, 2015 Page 13 Councilman Romano stated he spoke to Mr. Szatkowski this afternoon and he is presently on the Housing Commission. He is retired and looking forward to being on the Board of Code Appeals. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mrs. Jazmine Early, Sterling Heights - Assistance for businesses along Van Dyke . Mr. Paul Smith, Sterling Heights - Planning Commission meeting, debt of gratitude to Jeff Norgrove and Chaldean Community; Planning Commission's violation of Open Meetings Act. Mr. Michael Lombardini - Thanked Councilman Shannon for setting up a seminar to assist the seniors; US Constitution amendments/freedom of speech. Ms. Jackie Ryan, Sterling Heights - Planning Commission meeting Mr. Harry Marchlones - Proper handling by the City Council and Planning Commission. Mr. Michael Radke - Planning Commission meeting, offensive behavior. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL There was no report from Mr. Vanderpool or Mr. Bahorski at this time. Councilwoman Schmidt requested the City administration contact both school districts and advise them the Library is now available to their students on Sunday. Councilwoman Schmidt stated in regard to the property across the street she is not aware of any plans for the property. Regular City Council Meeting Tuesday, September 15, 2015 Page 14 Councilman Shannon reminded residents and the senior population about the September 24th seminar on estate planning and stated it would take place at 9:30 a.m. at the senior center. It will be a free and informative presentation. Councilman Skrzyniarz discussed the need to discuss policies and procedures and control outbursts in the Council chambers. Mayor Taylor addressed outbursts and disruptions from persons in attendance at City Council meetings. ADJOURN Moved by Ziarko, seconded by Romano, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:21 p.m. MARK CARUFEL, City Clerk