City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, DECEMBER 6, 2016 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, Michael C. Taylor, Barbara A. Ziarko. Council Member absent: Doug Skrzyniarz. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Mark Carufel, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda as presented. Yes: Koski, Romano, Schmidt, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reported on the rules and regulations regarding snow emergencies in the City. He explained notification of snow emergencies will be sent through the media, including cable tv, and thousands belong to Listserv, which allows notifications such as these to be sent by email or text message. He added anyone interested can sign up for this free service through the City’s website. When there is a snow emergency, parking in the street is not allowed, and violators will be issued citations either on their vehicles or by mail after the fact, with fines ranging from $25 for a first offense up to $125, in addition to a possible towing charge. Sidewalks must be cleared of snow within 24 hours following a snow event, and a fee is assessed if the City has to clear it, with that fee averaging $125. Mr. Vanderpool advised that Lawn Guru, an on-demand service for lawn-cutting in the summer and snow removal in the winter, is available through the City. He compared it to Uber, where the service can be Regular City Council Meeting Tuesday, December 6, 2016 Page 2 requested online, and within a couple of hours, a contractor clears the snow and the resident will pay electronically through their credit card. He stated that Lawn Guru is looking for contractors as well to provide this service, and he indicated the feedback for this service has been very good. Mr. Vanderpool reported that the leaves fell very late this year, so leaf collection is being extended through the end of next week. He reminded that leaves cannot be raked into the street. Mr. Vanderpool stated that Green For Life USA (GFL USA) recently purchased Rizzo Holdings LLC and has taken over the business. Rizzo Environmental Services had the lowest cost option, which was 5.5% less than the next lowest bidder when the bid was placed, amounting to a savings of over $2 million over the term of the contract. GFL USA will be assuming the responsibility for all subscription curbside recycling beginning in 2018, and this includes an enhancement of service at reduced pricing. The cost will be reduced from $67 per year to $57 per year and will shift from bi-weekly to weekly collection. GFL USA is a domestic corporation registered out of Delaware, and their corporate headquarters will remain in Sterling Heights. He reported that they have provided references from communities of varying sizes, with the largest being Toronto. The administration has contacted the references and all the references have provided very positive responses. The transition to date has been seamless. He introduced Mr. Patrick Dovigi, Chief Executive Officer of GFL USA. Mr. Patrick Dovigi, CEO of GFL USA, stated they have purchased Rizzo Holdings LLC and are determined and highly focused on providing the best service and the best price to multiple communities throughout southeast Michigan. He assured the contract with the City of Sterling Heights is very important to him, as are all the contracts for the communities they service, and he is trying to personally meet with each community to provide assurances that nothing is going to change in the day-to-day operations. They will continue to bring the best service for the best price, and will honor all obligations of the existing contract. He Regular City Council Meeting Tuesday, December 6, 2016 Page 3 provided some background on his company, which he founded in 2006. They started the company with $1 million in revenue. They now do approximately $2 billion in Canada, serving two million households weekly. He reviewed the facilities they own, and added that coming into Michigan was the next logical step for them. He noted some of the actions of some individuals prior to their taking over the company, and he assured the individual they believe was involved in those actions has resigned and left the company. He stated their company has four corruption and anti- bribery policies that each of their employees must sign, and he stressed they have zero tolerance for it. Mr. Dovigi stated the only changes that should be visible to the public will be the colors and the names on the trucks, and the drivers’ uniforms. Mr. Vanderpool assured the City will continue to work closely with GFL USA, and it is administration’s goal that refuse collection will continue at a high quality and reasonable cost. They are confident the service will continue in the same manner. Mayor Taylor opened the floor up to questions and/or comments from the Council. Mayor Pro-Tem Romano stated he had doubts when they took it over, and he was satisfied with the services of Waste Management; however, he added he cannot complain, noting that Rizzo has provided good service. He stated that the transfer to GFL USA has also been seamless. He acknowledged there were some problems with which the Council was not happy, but he is pleased to hear GFL USA has zero tolerance for unethical behavior. He welcomed them to the community. Mr. Vanderpool stated a major business in Sterling Heights is hiring, and a brief video was shown, reflecting that Key Safety Systems is hiring 50 employees, mainly senior engineers, program managers and commodity buyers. They are holding a Talent Mixer on December 15th from 4:30 p.m. to 6:30 p.m. at the Regular City Council Meeting Tuesday, December 6, 2016 Page 4 Velocity Collaboration Center on 19 Mile Road. Registration is required and more information can be found on www.wxyz.com/workerswanted. Mr. Vanderpool stated those planning on sending a resume should email it to techjobs@keysafetyinc.com, with “Talent Mixer” included in the title. He advised anyone with questions on this can call 446-CITY for assistance. Mr. Vanderpool concluded his report by requesting the Council convene in closed session following tonight’s meeting to consult with the City Attorney regarding strategy about two matters of pending litigation and to discuss strategies regarding pending labor negotiations. PRESENTATION Mr. Vanderpool announced that Utica’s Mayor Jacqueline Noonan is completing her 14th and final term as mayor of that city. He explained that her accomplishments over the span of 29 years are too numerous to list in their entirety, but many of those are outlined in the Resolution. He stated Mayor Noonan’s commitment to quality of life went beyond the boundaries of Utica, and she advocated for intergovernmental cooperation. She has been a great ambassador for the City of Sterling Heights, resulting in years of collaboration, including partnering with the City to obtain a $4.5 million grant to clean up the Clinton River. She also secured funding to replace the Van Dyke bridge, and instrumental in obtaining funding to complete the bike/hike trail extensions in both Utica and Sterling Heights. She was president of the Michigan Municipal League (MML). Mr. Vanderpool credited the City of Utica, under Mayor Noonan’s leadership, along with the City of Sterling Heights, for being founding members of the Macomb Area Communities for Regional Cooperation (MACRO), where the cities work together weekly with cities across Macomb County to provide services in a more efficient and improved way. He credited Mayor Noonan as an influential leader with a “power of persuasion”, and she was able to obtain funding for a feasibility study for the improvement of M-59, among funding for other projects. He claimed the entire region is better off because of Mayor Noonan’s service. Regular City Council Meeting Tuesday, December 6, 2016 Page 5 Mayor Pro-Tem Romano read the Resolution Recognizing Mayor Noonan’s twenty-nine years of service with the City of Utica. Mayor Taylor presented Ms. Noonan with the Resolution, thanking her for her many years of service, and she was greeted and congratulated by the Council members. Mayor Noonan stated she has lived in the City of Utica for 52-1/2 years, and at that time, her sister was the secretary to the Chief of the Sterling Heights Police Department, so she claimed she goes way back with the City of Sterling Heights. She added her husband fought fires for the Sterling Heights Fire Department for 42 years. She stressed that the leaders of Sterling Heights, past and present, have been the best resource she could have ever asked for, and many times they have come to the rescue for the City of Utica. She considered this Resolution an honor, adding that it has been a pleasure to work with Sterling Heights, and she stated that no little city in Michigan could have better neighbors than Sterling Heights. Moved by Romano, seconded by Schmidt, RESOLVED, to adopt the resolution recognizing and honoring Jacqueline Noonan for 29 years of distinguished and dedicated service as Mayor of the City of Utica. Mayor Taylor stated he will miss working with Ms. Noonan as a neighboring mayor, and added he has learned a lot from her. He stated it has been a pleasure serving as mayor with her, and he emphasized she is always welcome in Sterling Heights. Yes: Romano, Schmidt, Koski, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. ~ Resolution ~ Sterling Heights City Council A resolution recognizing and honoring Jacqueline Noonan for 29 years of distinguished and dedicated service as Mayor of the city of Utica. Jacqueline “Jackie” Noonan is completing her fourteenth and final term as Mayor of the city of Utica. It is not an overstatement to say that during her tenure, Mayor Noonan became a legendary leader of “the Pioneer City.” While her accomplishments over the span of 29 years are too numerous to list, Regular City Council Meeting Tuesday, December 6, 2016 Page 6 Mayor Noonan will always be remembered as the Architect of Utica’s Rebirth. This transformation would not have occurred without Mayor Noonan’s leadership and passion to make a new vision for Utica a reality, including: The widening of M-59 through Utica and Macomb County; Creation of the Downtown Development Authority, the catalyst for the improvements to the unique and charming downtown. The streetscapes and beautification of the downtown area. The enhancement of the City’s riverfront, including the development of Memorial Park. The completion of the hike and bike trail through Utica. The development of Jimmy John’s Field, a real life testament to the belief that if you build it, they will come. It is important to note that Mayor Noonan’s commitment to quality of life went beyond the municipal boundaries of Utica. Mayor Noonan never hesitated to advocate for intergovernmental cooperation with Sterling Heights and Shelby Township, Utica’s immediate neighbors to the south and north, respectively. Mayor Noonan realized before many others that regional cooperation is a key ingredient for making government effective and responsive to the needs of its people. When the voices of local government were not being heard, Mayor Noonan took the fight to Lansing as President of the Michigan Municipal League. As if a distinguished career as a public servant were not enough, Mayor Noonan impacted many lives as a teacher of French and social studies in the Utica Community Schools. Mayor Noonan also never failed to also credit the support of her husband Jerry and their children, many of whom followed their parents’ path into public service. Mayor Noonan’s willingness to share her time, talents, and treasures has profoundly impacted the city of Utica and made its relationship with Sterling Heights stronger and better. Mayor Noonan embodies the words of John Quincy Adams: If your actions inspire others to dream more, learn more, do more and become more, you are a leader. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, Macomb County, Michigan recognizes and honors Mayor Jacqueline Noonan for 29 years of distinguished and dedicated service as Mayor of the city of Utica. This resolution was unanimously adopted at the December 6, 2016 regular City Council Meeting by the Sterling Heights City Council. IN WITNESS WHEREOF, I have set my official signature, this 6th day of December, 2016. ___________________________________ Regular City Council Meeting Tuesday, December 6, 2016 Page 7 Mark Carufel, City Clerk Community Relations Director Bridget Doyle explained the City of Sterling Heights is close to detail to the public an exciting Public Art program, and more details will be coming in January. She stated this evening they are honoring Mr. Thomas Guastello, who has been a long-time supporter of Sterling Heights and as the first donor of the City’s Public Art Fund. Mr. Guastello is a well-known property owner and real estate developer in Sterling Heights, a current director on the Detroit Institute of Arts (DIA) Executive Board, and has a well-established record throughout Oakland and Macomb Counties as a patron of the arts. He is a supporter of the new art program and has written a check in the amount of $6,000 for the Public Art Fund. She stated on behalf of the City of Sterling Heights, they are grateful for his donation to bring more art and art awareness to the City. Mr. Guastello presented the ceremonial check to the City. He stated he is a former Senator, and combined with his years serving on the Michigan House of Representatives when he was a law student, he has represented the City of Sterling Heights in that capacity for 14 years. He is pleased to see the growth in the City under its great leadership, and he hoped there will be many more contributions to this wonderful fund. He stated he is very humble for this recognition. Mayor Pro-Tem outlined some of the positive impacts Mr. Guastello has made in this community, including the facilitation of the transfer of Dodge Park from the Michigan’s Department of Natural Resources (DNR) to the City of Sterling Heights, the facilitation of the construction of bridges from Metropolitan Parkway and 17 Mile Road over the railroad rights-of-way to alleviate traffic congestion at the railroad crossings, and the expediting of the M-59 freeway through Macomb and Oakland counties, resulting in a “golden corridor” that is an economic engine for Macomb County. Mayor Pro-Tem Romano read the Resolution into the record. Moved by Romano, seconded by Schmidt, RESOLVED, to adopt the resolution accepting the donation by Thomas Guastello of $6,000 to the Public Art Fund and Regular City Council Meeting Tuesday, December 6, 2016 Page 8 acknowledging his long-term dedication to improving the quality of life in Sterling Heights. Councilman Shannon commended Mr. Guastello for being key to so much development in this community, and he thanked Mr. Guastello for his generous gift to the City. Mayor Taylor thanked Mr. Guastello again for all he has done for the people of Sterling Height, and commended him on the legacy he leaves in this community. He has been proud to know him as a friend and to work with him, and he hoped he will remain active in the community for many more years. Yes: Romano, Schmidt, Koski, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. ~ Resolution ~ Sterling Heights City Council A resolution accepting the donation by Thomas Guastello of $6,000 to the Public Art Fund and acknowledging his long-term dedication to improving the quality of life in Sterling Heights. Thomas Guastello is the owner and President of Center Management, a premier real estate development company that has over 1,000,000 square feet of Class A commercial, office, and hotel property in its national portfolio. These properties are leased to many of the best known national brands in the United States. Locally, Center Management is currently developing a 200-acre commercial development on Hall Road in Chesterfield Township that will have Cabela’s as the anchor tenant. Center Management recently opened the new Dick’s Sporting Goods and DXL apparel stores on Hall Road in Sterling Heights. It was in conjunction with the Sterling Heights project that Mr. Guastello became aware of the City’s interest in developing a Public Art Fund. As a current director on the Detroit Institute of Arts’ Executive Board and Chairperson for the Oakland County Arts Institute Authority, Mr. Guastello has a well-established record as a patron of the arts. Mr. Guastello informed the City of his desire to be the first benefactor of the Sterling Heights Public Art Fund through a donation of $6,000. This monetary donation as well as Mr. Guastello’s reputation in the arts community provides instant credibility to the Public Art Fund. Mr. Guastello’s generous donation is but the latest in his long-term commitment to improving the quality of life in Sterling Heights. When the City incorporated in 1968, then-resident Thomas Guastello was elected to the Michigan House of Representatives while a law student at Detroit College of Law. While serving in the House for six years and Senate for eight years, Mr. Guastello made a significant impact within Sterling Heights by:  Facilitating the transfer of Dodge Park from the Michigan Department of Natural Resources to the City of Sterling Heights. Dodge Park has become a premier recreational destination for City residents and is now slated for significant upgrades through Recreating Recreation. Regular City Council Meeting Tuesday, December 6, 2016 Page 9  Facilitating the construction of bridges on Metropolitan Parkway and 17 Mile Road over the railroad right-of-way to alleviate traffic congestion at railroad crossings.  Expedited the construction of the M-59 freeway through Oakland and Macomb Counties. This “Golden Corridor” has become an economic engine for Macomb County with tremendous growth in the tax base for municipalities and high level of job creation. Mr. Guastello’s legacy of making a difference in the Sterling Heights’ community personifies the words of Winston Churchill on the meaning of philanthropy; We make a living by what we get, we make a life by what we give. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sterling Heights, Macomb County, Michigan accepts the donation by Thomas Guastello of $6,000 to the Public Art Fund and acknowledges and thanks him for his long-term dedication to improving the quality of life in Sterling Heights. This resolution was unanimously adopted at the December 6, 2016 regular City Council Meeting by the Sterling Heights City Council. IN WITNESS WHEREOF, I have set my official signature, this 6th day of December, 2016. ___________________________________ Mark Carufel, City Clerk Community Relations Director Bridget Doyle opened the Diversity Distinction Awards presentation and introduced Sterling Heights Ethnic Committee Chairman Shawn Taylor. Mr. Shawn Taylor reported that tonight’s Distinction awards are provided by the generosity of Comcast Cable and he acknowledged Comcast representative Shannon Dulin. Mr. Taylor explained the mission of the Sterling Heights Ethnic Community Committee and these awards are one way to showcase those who have made an impact on Sterling Heights’ quality of life. For the past two months, the committee has welcomed nominations from citizens who want to recognize a person, organization or corporation that serves the residents of this city., and the committee selected six award winners. He thanked all the Committee members present this evening: Sharron Allen, Mohammed Alomarie, Kozeta Elzhenni, Stephanie Guran, Susan Kattula, Robert Lulgjuraj, Stojadin Naumovski, and Iqbal Singh. Mr. Robert Lulgjuraj presented the 2016 Diversity Distinction Award to Antonio’s Italian Market, serving this area since 1985. Regular City Council Meeting Tuesday, December 6, 2016 Page 10 Mr. Iqbal Singh presented the 2016 Diversity Distinction Award to United States Pinoys for Good Governance, Michigan, a non-profit organization with a mission of educating their community members about good governance, and promotes history, culture and values of Filipino Americans for better understanding. Ms. Kozeta Elzhenni presented the 2016 Diversity Distinction Award to Ms. Houda Diaconescu, a supporter of Welcoming Michigan and tutor with Macomb Literacy Partners. Ms. Susan Kattula presented the 2016 Diversity Distinction Award to Ms. Susan Kozloff, Counselor, Sterling Heights High School. Ms. Kozloff stated she is humbled and blessed to accept this honor, and she credited the administration and staff of Sterling Heights High School for never turning students away and creating safe havens for these students in their classrooms. Ms. Sharron Allen presented the 2016 Diversity Distinction Award to Ms. Mihaela Mitrofan, Resettlement Program Manager for Samaritas Resettlement Agency. Ms. Mihaela Mitrofan stated she is honored to accept this award and a wonderful experience to work with refugees and help to get them settled into a welcoming community, and she hoped the refugees are making a positive contribution to this community. Dr. Steve Naumovski presented the 2016 Diversity Distinction Award to Bozek’s Polish Market, who has been in Sterling Heights for ten years. Mayor Taylor stated City Council will accept the award on behalf of Bozek’s Polish Market, who could not be present this evening, and will forward it on to them. Mr. Shawn Taylor thanked Comcast for the awards that were presented this evening. Mayor Taylor called for a five-minute recess at 8:34 p.m., and reconvened the meeting at 8:40 p.m. Regular City Council Meeting Tuesday, December 6, 2016 Page 11 Moved by Schmidt, seconded by Taylor, RESOLVED, to individually and collectively recognize the 2016 Sterling Heights Diversity Distinction award winners and thank them for their personal dedication and efforts in championing diversity and creating a welcoming environment and inclusive community for all Sterling Heights residents. Yes: Schmidt, Taylor, Koski, Romano, Shannon, Ziarko. Absent: Skrzyniarz. The motion carried. Finance and Budget Director Brian Baker presented the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2016. He explained the City’s independent auditor, Plante & Moran PLLC, reviewed financial statements and accounting procedures, and he thanked them, as well as the entire finance team, including Mr. Nick Makie and his staff, along with City Treasurer Jennifer Varney, for an excellent job. He provided an overview of the audit in a short power point presentation, stating the revenues totaled $93.7 million, while expenditures came to $89.9 million, enabling them to add $3.8 million to fund balance reserves. He stated that, due to the economic downturn over the last few years, one area they had to cut back on in the past was capital funding for vehicles, equipment and facility repairs. In 2010, the average amount budgeted for this was $10 million; however, in 2013, it was budgeted at less than $1 million. In 2015, it increased to $4.2 million and last year they were up to $6.5 million. They will continue to replace old equipment and vehicles and fund repairs. They have increased investment in road repairs, both for local and major roads, and he outlined some of those road improvements. They count on the state gas tax funding for most these road improvements. He explained the City has three retirement funds: Retiree Medical, General Employees and Police and Fire Pension Systems. The Retiree Medical Plan increased its funded level from 9% in 2008 to 50% in 2016 by being proactive. The average of the communities across the state are only funded 14%. The plan has been closed so there are no new members, and they have reduced coverage for new retirees. The General Pension is 82% funded, down from 125% in 2008, but still better than the state average of Regular City Council Meeting Tuesday, December 6, 2016 Page 12 78% funded. He reported that plan is also closed. Future benefits have been lowered, and employees are paying more into it. The Police and Fire Pension Fund is 68% funded, down from 125%, and that is slightly lower than the state average of 78%. It is still open so they continue to accrue liabilities for new hires. They will need to set aside additional funds for this plan due to lower national rates of return. The City continues to benchmark itself with other communities, and in terms of the City’s tax rate, the City compares very well, with the average tax rate in Macomb County being nearly 21 mils, and the City is over 5 mils below that average. He added the City will still be the lowest next year, even with the ReCreating Recreation millage. The taxes paid per resident remain the lowest of any of the ten largest cities by population in the State of Michigan. They are making progress in restoring General Fund reserves. He stated tax bills remain lower than they were nine years ago, and next year’s taxable values will only rise 0.9%, which is well below the historic 2.3% average. He advised that, while property values will more than likely rise under 10%, the tax valuations will be capped and will be based on 0.9% low inflationary adjustment. Mr. Baker introduced Ms. Beth Bailey, Partner at Plante & Moran, to present the Comprehensive Annual Financial Report for fiscal year 2015/2016. He stated they have issued an “unmodified opinion”, which is the highest opinion possible. Ms. Bailey stated she oversees the governmental practice at Plante & Moran, and she expressed their appreciation of the cooperation they received during the audit. She stated they spend over 700 hours on the audit, getting through the testing, and that requires time and effort from the City’s staff as well. She introduced Mr. Rumzei Adallah to explain the process for the audit. Mr. Adallah, Manager of the Financial Statement Audit, explained the process and reported that the City received an “unmodified opinion”, which is the highest opinion possible. He added this is particularly significant this year because the City had a transition at the Controller position from the previous year, which frequently results in audit adjustments. He credited not only Mr. Makie and his Regular City Council Meeting Tuesday, December 6, 2016 Page 13 staff, Mr. Baker and Ms. Varney, but also from the predecessor, who made sure the transition was a smooth one. Ms. Bailey commended the City for doing better than budgeted, and not having deficits in any of the funds, which is attributed to their careful planning and having processes in place. She stated the City has shown strong fiscal responsibility throughout the years, even during the recession. She estimated the City has lost about $40 million of revenue-sharing from the State, and coupled with the loss of taxable value, it will be a very slow climb up from the decreases. Regarding pensions, the costs are ever-increasing, and although there is still an unfunded liability in the pension system, they are continuing to “chip away” at it and it is meant to be a long-term funding situation. Ms. Bailey stated it is almost unheard of for retiree health care to be funded at 50%, so they are to be commended for getting in front of that liability. Ms. Bailey reported that, in addition to the 158-page audit, they also perform a “Single Audit”, which is a compliance audit for the approximate $2.3 million federal dollars received and how they were spent, and she commended the City for having no findings on that audit. She thanked the Finance Department for allowing Plante & Moran to come in and conduct the audit, and they found the records to be in excellent condition. Mr. Nick Makie thanked the Council for their continued support for the Finance and Budget Department. The City has a long history of excellence in financial reporting and budgeting, demonstrated by the 27 consecutive years they have received the Government Finance Officers Association Certificate of Excellence and 28 consecutive years they have received the Government Finance Officers Association Distinguished Budget Award. He presented the awards to Mayor Taylor. Mayor Taylor thanked Mr. Makie and gave credit to the financial team. He thanked Ms. Varney, Mr. Mackie, Plante & Moran, and all who work on this, stating they are proud of the transparency they have in Sterling Heights. He added they are proud of the team they have, led by Mr. Brian Baker, who will be leaving his position and taking a position with the Department of Public Works. Regular City Council Meeting Tuesday, December 6, 2016 Page 14 He wished him well and thanked him for all his years of service with Sterling Heights. Moved by Romano, seconded by Ziarko, RESOLVED, to receive and accept the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2016, as presented. Mayor Pro-Tem Romano commended Mr. Baker for a fabulous job and added that he will be missed. Yes: Romano, Ziarko, Koski, Schmidt, Shannon, Taylor. Absent: Skrzyniarz. The motion carried. 1. PUBLIC HEARING Parks and Recreation Director Kyle Langlois opened the presentation for the consideration of adopting the proposed Parks, Recreation, and Non-Motorized Master Plan 2017-2021. The City has adopted a Parks and Recreation Master Plan for decades, with the latest spanning from March 2010 through March 2015. He explained the most important part of that plan was the capital improvement schedule and they achieved 12 of the 34 projects despite the economic downturn. He outlined the importance of having a Master Plan, which is a guiding document. This plan will allow the City to apply for and potentially receive grants from the Michigan Natural Resources Trust Fund. He introduced Mr. Jim Smith, of Wade Trim, to provide a brief overview of the plan’s primary components. Mr. Smith stated this process was started almost two years ago, in conjunction with the update of the City’s Master Plan. A draft Master Plan was presented to the City’s Planning Commission on September 8th, and they recommended it be moved forward for public review. It was made available for that public review, as required. They are following the requirements of the DNR required adoption procedures, including a public hearing before City Council, and ultimately when it is adopted it will be forwarded to the DNR by March 1st, 2017. The components include a Recreation Inventory Assessment of all the parks and facilities within the City of Sterling Heights. They have conducted a Non- Regular City Council Meeting Tuesday, December 6, 2016 Page 15 Motorized Existing Conditions Assessment, a Basis for Action and an Action Program, and he stressed they place a great deal of value on public input. Mr. Smith congratulated the City of Sterling Heights on passing a recreation bond to fund these improvements throughout the City, which is a key part of quality of life. He stated that over the next five years, every park is getting an overhaul. Every project covered by the bond is listed in the plan, but not every project listed in the plan was covered in the bond, mainly because there are other outside funding sources to do some of those improvement projects. As they did the recreation inventory, when compared to national recreational standards, both indoor and outdoor, the City of Sterling Heights was determined to be deficient. They looked at not only national standards but comparative communities throughout Michigan and found some shortages in Sterling Heights. He reported that the bond will help the community meet the standards that have been established for Parks and Recreation and open space. Mr. Smith offered to answer questions. Mayor Taylor opened the public hearing. Ms. Linda Godfrey – concerned about landfills and whether study considered possible remediation. Mr. Scott Honaker - concerned about dumping at Chappelle Park; questioned “overhaul of all parks”; concerned about drainage problems around the parks; more park benches. Mayor Taylor closed the public hearing. Moved by Romano, seconded by Ziarko, RESOLVED, to adopt the Parks, Recreation and Non-Motorized Master Plan 2017-2021, as presented. Yes: Romano, Ziarko, Koski, Schmidt, Shannon, Taylor. Absent: Skrzyniarz. The motion carried. 2. ORDINANCE INTRODUCTION City Planner Chris McLeod explained the two separate ordinances being introduced tonight designed to work in conjunction with one another. The first is a regulatory ordinance that requires all outdoor patios for business uses be Regular City Council Meeting Tuesday, December 6, 2016 Page 16 licensed by the City. The second ordinance is a zoning ordinance amendment that would address requirements within the site plan for those uses. The purpose for these ordinances is to make sure outdoor patios are situated and operated in a way to not only be successful but are also designed and operated in a way to be mindful of the surrounding environments. He stated most restaurants and coffee shops have some type of outdoor patio space, and this ordinance would require licensing of those patios each year. He stated patios are exempt from this ordinance and fall under “Tier 1” if they are less than 100 square feet, not open past 10 p.m. weeknights and 11 p.m. weekends, do not have outdoor music and are not part of the liquor license. If a patio is not exempt but is further than 500 feet from a residential district, it would fall under “Tier 2” and would need to be licensed. “Tier 3” involves patios that are within 500 feet of residential property, and would need to go through an additional process of submitting a Nuisance Mitigation Plan that would require approval of the Planning Commission. He outlined the enforcement of this ordinances. He advised that the Planning Commission recommended approval of the zoning ordinance, and the licensing ordinance is solely within the City Council’s review and decision. These are both being introduced this evening. Ms. Linda Godfrey – questioned if existing patios are grandfathered; banquet halls. Mr. Joe Judnick – regulations on banquet halls and patrons bringing drinks outdoors. Mr. Giulio Russo – more regulations on small businesses; grandfathering of existing patios. Moved by Schmidt, seconded by Ziarko, RESOLVED, to introduce the ordinance amending Article 28 of Zoning Ordinance No. 278 to allow commercial outdoor patio spaces subject to specific restrictions and nuisance mitigation requirements. Councilwoman Schmidt requested clarification on the “grandfathering” question raised by some of the residents. Regular City Council Meeting Tuesday, December 6, 2016 Page 17 Mr. McLeod responded “grandfathering” is based on the zoning ordinance, so if a regulation is changed but something was legal at the time it was adopted, it is non-conforming. Anyone who has a patio prior to this being adopted would be grandfathered as far as the physical aspects of the patio; however, the licensing ordinance requiring an annual license is regulatory and there is no grandfathering for regulatory ordinances. If an existing patio is within 500 feet of a residential district, the owners would be required, as part of their licensing requirement, to go before the Planning Commission to update their plans incorporating their nuisance mitigation plan to show how they are going to protect those adjacent residents. He summarized the physical aspects would be grandfathered, but the operational aspect would not, and they would have to comply with the licensing ordinance. Councilwoman Schmidt questioned whether this is to protect residents from having the noise from these patios intrude into their homes. Mr. McLeod replied that is the intent, and assured the City was very cognizant of the small businesses, which is why they created Tier 1, where small patios with a table or two are exempt from the process. He clarified the differences between the three tiers. Councilwoman understood this is a tool for the City to protect the residents and their quality of life, and she stated she is in favor of the proposed amendments. Councilwoman Ziarko inquired as to the cost of the annual patio license. Mr. McLeod replied he discussed it with the Clerk, and they may be looking at $800 to $900 for the original permit, and the renewal cost could possibly be lower. Councilwoman Ziarko inquired as to how many businesses in the city have existing patios that are within 300 feet of residential districts. Mr. McLeod replied there are not many, and he does not believe that number reaches to double digits, although there may be additional requests in the future, and they will go through the site plan process. Councilwoman Ziarko inquired as to how the noise generated from these patios is currently handled. Regular City Council Meeting Tuesday, December 6, 2016 Page 18 Mr. McLeod replied they are controlled by the noise ordinance, and 11 p.m. is the cutoff time for noise emanating from the site. The City is more limited at this point as to how they can be regulated. Councilwoman Ziarko inquired as to the proposed fine for violating the ordinances. Mr. McLeod believed the fine could be up to $500. Mr. Kaszubski replied to inquiry that there is a tiered schedule for fines. Councilwoman Ziarko stated this is a proposal that will not affect everyone. Outdoor patios have become very popular, and she is in favor of this ordinance introduction. Councilwoman Koski requested to see photographs of the examples of patios from each of the proposed tiers. Mr. McLeod showed the pictures of some existing patios that fall into the proposed Tier 1 and Tier 2. Councilwoman Koski inquired as to whether a renewal of the permit is required each year. Mr. McLeod replied it must be renewed each year through a form obtained from the Clerk’s Office, but the Council can have more discussion as to whether the renewal fee should be less than the original permit fee. Mayor Pro-Tem Romano inquired as to whether businesses can use part of their sidewalk as part of their “patio”. He referred to one of the photos shown, Cocoa Bean Creamery, located in the 15 Mile/Dodge Park area, that would not need a license. He has had numerous complaints about people using the area in front of it as a patio, and people cannot walk across the sidewalk or to the sidewalk. He questioned why they would not be required to be licensed. Mr. McLeod responded that they are required to maintain a minimum of 5 feet clearance on the sidewalk, and they are aware of that requirement. If they maintain that sidewalk, they would remain exempt, but he had noted they may have to move a chair or two to assure the sidewalk is clear. They must maintain ADA compliance to retain that exempt status. Regular City Council Meeting Tuesday, December 6, 2016 Page 19 Mayor Pro-Tem Romano stated that a $900 fee for the license sounds like a lot of money to him. Mr. McLeod assured they would like to get that amount reduced and that was a concern in reviewing these ordinances. They are looking at reducing the renewal fee if the applicants renewing their permit can attest that everything is the same as originally approved, and they want to make sure the sites are operating as they should. Mayor Pro-Tem Romano requested the application fee schedule be included in the final version. Mr. McLeod assured he will continue to work with the Clerk’s Office to see how they can reduce those amounts. Councilman Shannon inquired as to whether a fee of $500 for a violation is typical for this type of violation. Mr. McLeod believed there is a period in which the owner must bring the site into compliance before a ticket is issued. If the violation results in a lack of compliance or unwillingness to comply, the violation would be pursued and tickets would be issued. Councilman Shannon had no objection to the original permit fee being higher; however, if nothing changes year after year, he felt the renewal fee should be lower. Mayor Taylor stated there is a need for this ordinance, and he reminded this is an introduction this evening. He stated the licensing fees seem excessive, especially on a year-to-year basis, and added he would appreciate whatever they can do to reduce that. He has heard numerous times that some businesses would rather pay a fine than comply because they can make more money by not complying. He wants to see businesses make money but not at the expense of the neighbors. Yes: Schmidt, Ziarko, Koski, Romano, Shannon, Taylor. Absent: Skrzyniarz. The motion carried. Regular City Council Meeting Tuesday, December 6, 2016 Page 20 Moved by Schmidt, seconded by Ziarko, RESOLVED, to introduce the ordinance amending Chapter 12 of the Sterling Heights City Code to regulate the licensing and operation of commercial outdoor patio spaces. Yes: Schmidt, Ziarko, Koski, Romano, Shannon, Taylor. Absent: Skrzyniarz. The motion carried. 3. ORDINANCE ADOPTION City Planner Chris McLeod explained this was approved for the introduction at the November 1st, 2016 meeting. The request is for a conditional rezoning of the subject property from O-1 (Business and Professional Office District) and P-1 (Vehicular Parking District) to C-3 (General Business District) to develop the property with a 5,000-square-foot commercial shopping center anchored by a Tim Horton’s fast food restaurant. This development will also expand Moravian, west of Schoenherr, to three lanes which will allow the City and County to collaboratively install a new dedicated left-hand turn signal. It also includes increased landscaping and a commitment from the developer for increased landscaping on the north side for the residences to the north. He stated it will increase architectural amenities and reduce potential uses that may otherwise be objectionable if the petitioner were to rezone to C-3. The petitioner also requests variance as part of the overall request, and the Zoning Department has reviewed those and has no objections. He reminded the development will only take place on a small portion at the southwest corner, because the remainder of the property belongs to Consumer’s Energy. Mr. Joe Judnick – in favor of proposed conditional rezoning; “top-notch” developer. Mr. Scott Honaker – safety concerns with Consumer’s Energy site. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the map amendment to Zoning Ordinance No. 278 to conditionally rezone property on the west side of Schoenherr Road, south of Moravian Road in Section 35, from O-1 (Business and Professional Office District) and P-1 (Vehicular Parking District) to C-3 (General Business District), Case No. PZ15-1143, subject to the terms and Regular City Council Meeting Tuesday, December 6, 2016 Page 21 conditions of the Conditional Rezoning Agreement that the Mayor and City Clerk are hereby authorized to sign on behalf of the City. Councilwoman Schmidt stated this was discussed at length at the City Council meeting a few weeks ago. She is excited to see the intersection improvements, and wished the developer well. Mayor Pro-Tem Romano stated this is Conditional Rezoning so everything must be built per the agreement. He questioned whether the developer has done everything for which the City has requested. Mr. McLeod replied affirmatively, noting there are enhancements throughout the site, and he has no objections to the variances because it is an unusual site. Yes: Schmidt, Ziarko, Koski, Romano, Shannon, Taylor. Absent: Skrzyniarz. The motion carried. 4. CONSENT AGENDA Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of November 15, 2016, as presented. B. To approve payment of the bills as presented: General Fund - $779,099.00, Water & Sewer Fund - $1,386,035.36, Other Funds - $1,701,956.72, Total Checks - $3,867,091.08. C. RESOLVED, to schedule a special meeting of the City Council for a strategic planning session on Tuesday, January 24, 2017 at 7:00 p.m. and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. D. RESOLVED, to award the bid for snow removal services to Landscape Services, Inc., 22932 Rasch Drive, Clinton Township, MI 48035, through June 1, 2017 based on unit prices bid. E. RESOLVED, to award the bid for pruning of street trees to Wonsey Tree Service, Inc., Post Office Box 1142, Alma, MI 48801, for the period of December 21, 2016 to March 15, 2017, at unit prices bid. Regular City Council Meeting Tuesday, December 6, 2016 Page 22 F. RESOLVED, to award the bid for tree branch / brush chipping services to Wonsey Tree Service, Inc., Post Office Box 1142, Alma, MI 48801, for a one-year period at unit prices bid and authorize the City Manager to extend the bid term one additional year upon mutual consent under the same terms and conditions. G. RESOLVED, to purchase wire, terminals, lighting and electrical supplies from Terminal Supply Co., 1800 Thunderbird, Troy, MI 48084 at pricing available through a Michigan Intergovernmental Trade Network cooperative bid through August 16, 2019, with the option to extend purchases at an additional three-year period should the bid be extended on the same terms and conditions by the host cities. H. RESOLVED, to purchase MegaNet meter transmission units from KP Electronics, Inc., 415 Sargon Way, Suite F, Horsham, PA 19044, at unit prices quoted through January 1, 2019. I. RESOLVED, to receive the report of the Purchasing Manager pursuant to City Code §2-221(B) regarding the emergency repair of the public sanitary sewer line situated at 12092 Sorrento in Section 23 by Superior Excavating, Inc., 2791 Auburn Road, Auburn Hills, MI 48371, in the amount of $13,800. J. RESOLVED, to accept the proposal from CGE Energy, Inc., 7627 Park Place, Brighton, MI 48116, for lighting upgrades at the Sterling Heights Senior Center at a total cost of $42,331.47 and authorize the City Manager to sign all required documents. K. RESOLVED, to accept the proposal by Integrated Design Solutions, LLC, 1441 West Long Lake, Suite 200, Troy, MI 48098, for professional consulting services to upgrade the City’s audio/video and broadcast technology at a cost of $19,500. L. RESOLVED, to accept the proposal by Johnson Sign Company, 2240 Lansing Avenue, Jackson, MI 48202, for City complex entrance signage at Regular City Council Meeting Tuesday, December 6, 2016 Page 23 a cost of $88,265 and authorize the City Manager to sign all required documents on behalf of the City. M. RESOLVED, to adopt the resolution approving the application by FCA US LLC to establish a Plant Rehabilitation District at 38111 Van Dyke Avenue, as amended. ~ Resolution ~ A resolution of the Sterling Heights City Council establishing a Plant Rehabilitation District. Minutes of the regular meeting of the City Council of Sterling Heights, Michigan, held on the 6th day of September, 2016, at the City Hall, 40555 Utica Road, in Sterling Heights, Michigan, at 7:30 p.m., as corrected at the regular meeting of City Council, held on December 6, 2016 at 7:30 p.m.: PRESENT: Koski, Romano, Schmidt, Shannon, Taylor, Ziarko ABSENT: Skrzyniarz The following preamble and resolution were offered by: Koski and supported by: Romano. Resolution Establishing a Plant Rehabilitation District for FCA US LLC (Applicant) effective September 6, 2016. WHEREAS, pursuant to PA 198 of 1974, as amended, this City Council has the authority to establish “Plant Rehabilitation Districts” within Sterling Heights; and WHEREAS, Applicant has petitioned this City Council to establish a Plant Rehabilitation District on its property located in Sterling Heights hereinafter described; and WHEREAS, construction, acquisition, alteration, or installation of a proposed facility has not commenced at the time of filing the request to establish this district; and WHEREAS, written notice has been given by mail to all owners of real property located within the district, and to the public by newspaper advertisement in the Sterling Heights Sentry newspaper and/or public posting of the hearing on the establishment of the proposed district; and WHEREAS, on September 6th, 2016 a public hearing was held at which all owners of real property within the proposed Plant Rehabilitation District and all residents and taxpayers of Sterling Heights were afforded an opportunity to be heard thereon; and WHEREAS, the City Council deems it to be in the public interest of Sterling Heights to establish the Plant Rehabilitation as proposed; and WHEREAS, it is hereby determined that the property comprising not less than 50% of the state equalized valuation of the property within the proposed Plant Rehabilitation District is obsolete. NOW, THEREFORE, BE IT RESOLVED by the City Council of Sterling Heights that the following described parcel of land situated in Sterling Heights, Macomb County, and State of Michigan, to wit: Regular City Council Meeting Tuesday, December 6, 2016 Page 24 PARCEL A (Part of Parcel No. 10-21-400-012) A parcel of land located in the Southeast 1/4 of Section 21, Town 2 North, Range 12 East, City of Sterling Heights, Macomb County, Michigan, being part of Parcel No. 10-21-400-012 and more particularly described as: Commencing at the Southeast corner of said Section 21; thence along the south line of said Section 21, also being the centerline of 16 Mile Road (60 foot half width), S89°20'50"W, 666.00 feet; thence N00°06'00"E, 60.01 feet to the north line of 16 Mile Road and the Point of Beginning; thence along said north line, S89°20'50"W, 1461.55 feet to the east line of Parcel No. 10-21-400-009; thence along said east parcel line, N00°08'30"E, 600.00 feet; thence along the north line of said parcel, S89°20'50"W, 490.00 feet to the east line of Michigan Central Railroad; thence along said east line, N00°08'30"E, 1937.33 feet; thence N89°55'11"E, 2500.51 feet to the west line of Van Dyke Avenue (variable width);thence along said west line the following three (3) courses:1) S00°00'40"E, 422.13 feet; 2) N89°59'20"E, 6.00 feet and 3) S00°00'40"E, 1820.06 feet to the north line of Parcel No. 10- 21-400-010; thence along said north line, and the north lines of Parcel No. 10-21-400-006 and 10-21-400-002, S89°20'50"W, 561.24 feet to the west line of Parcel 400-002; thence along said west line, S00°07'24"W, 270.01 feet to the aforementioned north line of 16 Mile Road and the Point of Beginning. Containing 135.186 acres of land, more or less, is established as a Plant Rehabilitation District pursuant to the provisions of PA 198 of 1974, as amended. AYES: Koski, Romano, Schmidt, Shannon, Taylor, Ziarko. NAYS: None RESOLUTION DECLARED ADOPTED. I hereby certify that the foregoing constitutes a true and complete copy of a resolution adopted by the City Council of Sterling Heights, County of Macomb, Michigan, at a regular meeting held the 6th day of September, 2016, and corrected on the 6th day of December, 2016. ________________________ Mark Carufel, City Clerk N. RESOLVED, to receive the lawsuit, Douglas Petz and Tracy Chauvin v. City of Sterling Heights, et al; Macomb County Circuit Court Case No. 2016-003817-NI. Yes: Koski, Romano, Schmidt, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. 5. CONSIDERATION Mayor Taylor requested the appointment of Mr. Alvin Thomas to the Ethnic Community Committee. Moved by Romano, seconded by Schmidt, RESOLVED, to appoint Mr. Alvin Thomas to the Ethnic Community Committee to a term ending June 30, 2018, Regular City Council Meeting Tuesday, December 6, 2016 Page 25 subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: Romano, Schmidt, Koski, Shannon, Taylor, Ziarko. Absent: Skrzyniarz. The motion carried. Moved by Ziarko, seconded by Romano, RESOLVED, to postpone the appointment to the Beautification Commission to the January 3, 2017 regular City Council Meeting. Yes: Ziarko, Romano, Koski, Schmidt, Shannon, Taylor. Absent: Skrzyniarz. The motion carried. COMMENTS FROM CITIZENS Ms. Linda Godfrey - Opposed to Fire Department transport and adding more staff that would be required; House Bill #4444 and Senate Bill #4447 of 2015. Mr. Jeffrey Norgrove – Sterling Christmas; recent drug bust by Sterling Heights Police Department; well wishes for Mr. Baker on his new job; Sterling Heights High School band’s recent win of Thanksgiving Day Parade’s “Battle of the Bands”. Mr. Joel Thomas – positive feedback on police response to a Black Friday incident at Walmart; priorities of police officers. Mr. Giulio Russo – dual water meters and other communities that offer them; regulations on little businesses. Mr. Scott Honaker – property taxes; small businesses; Cocoa Bean Creamery; suggested election ballots in several languages. Mr. Joe Judnick – well wishes to Mr. Baker and Mayor Pro-Tem Romano on their new positions; status of Ping On Restaurant on Van Dyke and Polish Market; anticipated vacancy on City Council and how it will be filled; social media comments. Mr. Charles Jefferson –special election for open position on City Council; Diversity Distinction Awards; traffic restrictions on Higgins Street. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Regular City Council Meeting Tuesday, December 6, 2016 Page 26 Mr. Vanderpool had nothing further to add. Mr. Kaszubski had nothing further to add, other than the Closed Session following the end of this meeting. UNFINISHED BUSINESS/ NEW BUSINESS Councilman Shannon stated that Ms. Godfrey had reported some inaccurate information when talking about Fire Department transport. He requested an explanation from Mr. Vanderpool as to how a large corporation could take advantage of a dual water meter and how that would negatively affect the residents of the city. Mr. Vanderpool replied that dual meters are not the “silver bullet” to reduce water costs. Water costs are increasingly fixed, and sewer costs are entirely fixed, so the City, as well as all other communities, will be paying the Great Lakes Water Authority and the Sanitary Sewer District the amount they need to keep the systems running. He stated big businesses could get a second meter, and then others would have to make up that amount. He compared it to “squeezing a bubble”, and if everyone chose a separate meter, rates would have to go up so the City could pay the cost owed. He stated he will be providing a follow-up report on the direct effects of separate meters on everyone and they will be able to see this subsidized theory on water costs. Councilman Shannon understood Mr. Russo’s frustration, who felt residents should be able to come up a second time to speak on an issue. He explained the City Council meetings are public meetings and the only opportunity the Council has to meet as an entire body. He stated residents can contact the Council members by telephone or email, and while they have a public comment section in the meeting, the main purpose of the meeting is to conduct city business. Mayor Pro-Tem Romano inquired as to whether the City can restrict residents from having dual meters. Mr. Kuszubski replied affirmatively. Mr. Vanderpool stated the City can adopt an ordinance to allow them, but they are not currently allowed. He added that he will provide a follow-up report so Regular City Council Meeting Tuesday, December 6, 2016 Page 27 everyone can see the effects on the residents. He reiterated that dual meters are not allowed in Sterling Heights now. Mayor Taylor explained that Mr. Vanderpool will provide some back-up information in a report to City Council for their next meeting, and he can also include in that report the authority upon which the City states that dual meters are not allowed. Mayor Pro-Tem Romano addressed a citizen’s comment at the last meeting, and he clarified he did not “recommend transport as a favor to the Fire Department”. He stated if he did not think the City could handle this financially, he would have never brought it up, but he added he would like to discussion with the City and the Fire Department to see if both feel it would be advantageous for the City to do transport. The citizen also complained that Mr. Romano brought up this topic “in the eleventh hour”, and he clarified the reason he brought it up so late is that he did not want to interrupt the Citizen Comment portion of the meeting. Mayor Pro-Tem Romano addressed a citizen’s earlier comment about Cocoa Bean Creamery at 15 Mile and Dodge Park and felt the citizen did not have the facts correct. He also clarified that his Council seat may not be available because there is an ongoing recount, so he suggested it may be premature to make determinations on his replacement. Councilwoman Ziarko commended Parks and Recreation for the wonderful Sterling Christmas this year. Regarding water bills, she wants to know whether there were other costs that were passed on in their water bills that should have been paid by someone else, and if that has occurred, she wants that money refunded to the residents. Councilwoman Ziarko would like to see Community Relations Director Bridget Doyle instruct the Council and residents on social media, which is something she claimed Ms. Doyle has wanted to do. She will not curtail anyone’s right to free speech but would like to request Ms. Doyle determine how this instruction will take place. Mayor Taylor stated if Ms. Doyle wants to present something, the Council can hear it and discuss it after. He addressed the interruptions in the meeting from Regular City Council Meeting Tuesday, December 6, 2016 Page 28 residents speaking out of turn, which shows a complete lack of respect for the institution. He thanked the 99.9% of the people who come to the meetings and abide by the rules, and he urged the 0.1% who do not abide by the rules to look at themselves and see how their behavior disrupts the meetings. He hoped they will get away from that type of behavior and keep the meetings productive. ADJOURN Moved by Ziarko, seconded by Romano, RESOLVED, to recess to Closed Session to discuss strategy in connection with pending litigation and labor negotiations. Yes: Ziarko, Romano, Schmidt, Shannon, Taylor, Koski. Absent: Skrzyniarz. The motion carried. The meeting was recessed and went into Closed Session at 10:57 p.m. MARK CARUFEL, City Clerk