City Council

Delivered June 1, 2017 Agenda Item 5-A Meeting: June 6, 2017 CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL WEDNESDAY, MAY 16, 2017 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, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Mark Carufel, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA, Councilwoman Schmidt requested that Consent Agenda Item D be moved to Consideration Item 6. Moved by Koski, seconded by Ziarko, to approve the Agenda as amended. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that the Police Law Day Ceremony will be held on May 18, 2017 beginning at 10 a.m. at the north entrance to City Hall, and in the event of inclement weather, the event will be held at the Parks and Recreation Building. He advised that additional information can be obtained by calling (586) 446-CITY or looking on the City’s website. Regular City Council Meeting Wednesday, May 16, 2017 Page 2 Mr. Vanderpool announced that beginning June 1st, the Dodge Park Farmer’s Market will open every Thursday from 3 p.m. to 8 p.m. Coinciding with the Farmer’s Market opening day is the Dodge Park Bridge Grand Opening, which will be held on June 1, 2017 at 5 p.m. with an introduction by Mayor Taylor and the ribbon-cutting ceremony, with refreshments served after the ceremony. After the bridge opening, Dodge Park will host the first Music in the Park event of the 2017 season. The Dan Rafferty Band will be playing at the Dodge Park Amphitheater beginning at 7 p.m. and everyone is welcome to attend. Mr. Vanderpool reminded everyone about the fireworks laws in the State of Michigan and the ordinances in Sterling Heights. He informed that the State law prohibits the City from enacting an ordinance to regulate the use of “consumer fireworks” on the day before, the day of, and the day after ten designated national holidays, and the national holidays coming up include Memorial Day and Independence Day. He advised that during these days, legal fireworks can only be discharged from 8 a.m. to midnight, and only on private property with permission of the property owner. Any code violations during the discharge of the fireworks will be enforced, including disturbing the peace, violation of the noise or nuisance ordinance, and creating or depositing litter with the use of the fireworks. He explained the City also enacted an ordinance which prohibits the use of consumer-grade fireworks for the remaining 335 days of the year and violators will be cited, adding the fines are very expensive. Regular City Council Meeting Wednesday, May 16, 2017 Page 3 Mr. Vanderpool talked about the significant amount of development going on and he informed that this past week, the former Utica Transit Mixing site is being deconstructed and cleared for new development. The former vacuum shop is being demolished at Riverland and Van Dyke, and the vacant home is also being demolished, and it will all be replaced with a beautiful new commercial building. Mr. Vanderpool provided an update on a new project on 14 Mile Road at Ryan Road. He showed photos of the site prior to the improvement, where the former Save-A-Lot was vacant for many years and resulted in a blighted eyesore. He showed recent photos of the same property after a $2.5 million investment, and it is now a beautiful development which will become a large restaurant, with retail space on the far west end of the site. He pointed out that, thanks to the City Council’s recent approval of ordinances, there is an ample amount of landscaping on the site, a lot of masonry and appealing lighting. He stated this is just a couple of months away from opening and is another example of how redevelopment in the City has a positive impact on surrounding property values and creates synergy in the area. He stated the commercial corridors are doing very well, and he looked forward to providing more updates on these projects. Mr. Vanderpool concluded his report by requesting that City Council convene in Closed Session after tonight’s agenda under Section 8(h) of the Open Meetings Act to consult with the City’s legal counsel regarding trial or settlement strategy in connection with pending litigation. Regular City Council Meeting Wednesday, May 16, 2017 Page 4 PRESENTATION Mayor Taylor stated this is a presentation of the fifth recipient of a Sterling Heights Fire Department’s survival Coin, presented by Fire Chief Chris Martin. Fire Chief Chris Martin stated he is pleased to be here tonight to share a story of a team effort and a successful outcome of saving a life. He reviewed the details of the incident involving Mr. and Mrs. Paul Whitney of Clinton Township on October 25, 2016, when Mr. Whitney, a passenger in the car, became unresponsive and stopped breathing. He stated the dispatchers were able to identify their location and provide instructions to assist Mrs. Whitney. Officer Randy Shippy of the Sterling Heights Police Department was first on the scene and began CPR on Mr. Whitney. The Fire Department and Universal Macomb Ambulance arrived on the scene, and the team worked diligently to perform several medical procedures before transport to the hospital. They were able to revive Mr. Whitney on the scene, and treatment was continued during transport of Mr. Whitney to the hospital, where he received excellent follow-up care. Captain Jeff Duncan, officer in charge of Engine 2, presented the fifth Survival Coin to Mr. Whitney, who thanked everyone who was involved in saving his life. Councilwoman Sierawski thanked the first responders. She stated she is a nurse and has been a home care nurse, and has had to call 911 for her patients in their homes and has had first responders from Sterling Heights, including the Fire Department, Police Department and Universal Macomb Ambulance, and she commended them for working as a “finely tuned, well-oiled machine”. She stated Regular City Council Meeting Wednesday, May 16, 2017 Page 5 they do a great job, and she is proud to say they are part of her team as a medical professional and first responder. Mayor Taylor congratulated all the members of the first responders who are here. He stated they were recently given a #2 ISO rating for their Fire Department, which is the highest rating of any other department in the entire state. He added that the City’s Police Department is nationally recognized for its excellence, and he stated the County’s Contact Center is a tremendous asset for the residents of Sterling Heights and the people of Macomb County. He pointed out that all the first responders working together prove what a great team the City is blessed and fortunate to have. He congratulated Mr. and Mrs. Whitney, adding he is glad Mr. Whitney has recovered, and he commended Mrs. Whitney for staying calm and getting the job done in what had to be an incredibly stressful situation. Mayor Taylor called a recess at 7:46 p.m., and the meeting reconvened at 7:47 p.m. PUBLIC HEARING 1. Mayor Taylor explained this is a public hearing to consider the request by Kemp & Sherman Company to establish an Industrial Development District (IDD) at 37641 Mound Road. He invited Mr. Luke Bonner to give the presentation. Mr. Luke Bonner, Senior Economic Development Advisor, presented the application by Kemp and Sherman Company, represented this evening by Mr. Eddie Sherman and Mr. Tom Kemp, to establish an Industrial Development District (IDD) for 37641 Mound Road. They are here for consideration of the Regular City Council Meeting Wednesday, May 16, 2017 Page 6 district approval, in which their intent is to build a 40,000-square-foot tech center on behalf of a tenant, Mr. David Clark, president of Mor-Tech Design, Inc. Mr. Bonner explained what Mor-Tech Design Inc. does, and noted they will be coming back at a future date with an Industrial Facilities Tax Exemption Certificate application. He advised that Mor-Tech currently has multiple facilities in Sterling Heights and intend to consolidate those into this building. Mr. Bonner stated the Office of Economic Development recommends approval of the district. Mayor Taylor opened the public hearing. Mr. Charles Jefferson – use of local Sterling Heights companies for development of the site and hiring of Sterling Heights residents. Mayor Taylor closed the public hearing. Moved by Ziarko, seconded by Schmidt, RESOLVED, to adopt the resolution approving the application by Kemp & Sherman Company to establish an Industrial Development District (IDD) at 37641 Mound Road. Yes: All. The motion carried. ~ Resolution ~ A resolution of the Sterling Heights City Council establishing an Industrial Development District. Minutes of the regular meeting of the City Council of Sterling Heights, Michigan, held on the 16TH day of May, 2017, at the City Hall, 40555 Utica Road, in Sterling Heights, Michigan, at 7:30 p.m.: Regular City Council Meeting Wednesday, May 16, 2017 Page 7 PRESENT: Deanna Koski, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C. Taylor, Barbara A. Ziarko. ABSENT: None The following preamble and resolution were offered by: Ziarko and supported by Schmidt: Resolution Establishing an Industrial Development District for Kemp and Sherman Company (Applicant). WHEREAS, pursuant to PA 198 of 1974, as amended, this City Council has the authority to establish “Industrial Development Districts” within Sterling Heights; and WHEREAS, Applicant has petitioned this City Council to establish an Industrial Development 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 Regular City Council Meeting Wednesday, May 16, 2017 Page 8 WHEREAS, on May 16, 2017 a public hearing was held at which all owners of real property within the proposed Industrial Development 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 Industrial Development District as proposed; and 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: 37641 MOUND RD T2N, R12E, SEC 20: COMM ATE 1/4 POST SEC 20; TH S00*09'45"W 821.75 FT ALG E SEC LINE TO POB; TH S00*09'45"W 237.37 FT; TH S89*53'00"W 520.0 FT; TH N00*09'45"E 237.37 FT; TH N89*53'00"E 520.0 FT TO POB; EXC E 102.0 FT, BEING PART OF PARCELS 1, 2, & 3 OF RASKA FARM (UNREC.) SPLIT & COMB FROM -005, -006, -013 FOR 1998 is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended. AYES: 7 NAYS: 0 RESOLUTION DECLARED ADOPTED. Regular City Council Meeting Wednesday, May 16, 2017 Page 9 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 16th day of May, 2017. ________________________ Mark Carufel, City Clerk Mayor Pro-Tem Ziarko is happy this is being developed. She had asked Mr. McLeod what was being done with the parcel west of the subject property. Mr. Chris McLeod, City Planner, explained the property to the west is being developed as a single-family subdivision and the subject property is zoned Technical Research Office so there will be a separation wall between the two developments. The construction access is for the single-family residential subdivision that is currently being accessed through this property. Mayor Pro-Tem Ziarko questioned whether there will be a cul-de-sac so there will be no direct access to Mound Road. Mr. McLeod confirmed that is correct. Mayor Taylor stated that Mr. Kemp recently had another first-class development on Mound Road, so he is looking forward to seeing this development. Yes: All. The motion carried. 2. Mayor Taylor stated this is a public hearing to consider the application by MRFR, LLC for a single-family residential Planned Unit Development (PUD) on 6.768 Regular City Council Meeting Wednesday, May 16, 2017 Page 10 acres situated on the east side of Ryan Road, south of 18-1/2 Mile Road, PPCM- 1170. He invited Mr. Christopher McLeod to give the presentation. Mr. Chris McLeod, City Planner, explained this is a PUD application for the development of a 16-unit detached single-family residential condominium development on vacant properties east of Ryan Road, south of 18-1/2 Mile Road. He depicted a diagram of the four properties that were assembled for this development and will consist of 16 units proposed as a condominium development, so there will not be lot lines but they will be detached units and have the appearance of any residential subdivision within the City. Most homes will have first floors measuring at least 3,000 square feet, side entry garages, and will be constructed primarily of brick and stone. The anticipated market cost will range from $400,000 to $500,000 each, based on market conditions. Mr. McLeod explained the PUD ordinance allows flexibility in terms of design, as well as locking in a particular development moving forward, so the applicant would have to come back before City Council with any changes. He showed architectural renderings, floor plans, landscaping plans, and noted there is significant landscaping proposed around the entire perimeter, which would likely not be there if this property were to be developed as a standard subdivision. He noted the sidewalk will follow the roadway as in most traditional subdivisions, and he added the Planning Commission also required a sidewalk connection to Allegheny Drive. He explained that Allegheny Drive to the east was intended to extend through this property to Ryan Road; however, neither the developer nor the Regular City Council Meeting Wednesday, May 16, 2017 Page 11 residents in the Allegheny area were in favor of extending that road. He explained that, to preserve emergency access, a compromise was reached for a grass paver system to be supplied between Kent and Allegheny so if any first responders need to access that area in an emergency, they will be able to do so. He clarified it will not be part of their normal emergency route and would be gated to keep traffic from cutting through. Mr. McLeod explained there are two variances being requested as part of the PUD process, with one being a five-foot reduction in the front yard setbacks; however, he pointed out that they are adding five feet to the rear yard setback so they are shifting the houses closer to the roadway to provide additional buffer to the residents. The second variance is 39 additional feet to the length of the roadway, but the emergency access alleviates some of the concern about the longer cul-de-sac. He offered to answer questions on the development. Mayor Taylor opened the public hearing. Unnamed resident who lives across the street at the dead end recalled discussion at the Planning Commission meeting about increasing the size of the sewer line from 12 inches to 24 inches, with the intent to go behind the subject property, through his property and out to 18-1/2 Mile Road. He questioned the plans for the sewer. Mr. Phil Ruggeri, representing the petitioner, stated Mr. McLeod outlined the proposal well. He stated this is an improvement over a conventional subdivision because it privatizes the development and preserves the Regular City Council Meeting Wednesday, May 16, 2017 Page 12 development, and he added the increased rear yard setback and increased landscaping isolates this development. He assured it will be a first-class project, with homes ranging in price from $450,000 to $500,000 each, and it will be close to an $8 million development when it is completed, which will provide a great tax base. He credited Mr. McLeod, Mr. Bashaw and his client for working together to come up with a plan that made sense, and he was confident the grass pavers will work great in providing emergency access. It will work in such a way as to not have traffic flowing through to interfere with the existing subdivision or this development. He thanked Mr. McLeod for the nice presentation. Mr. Charles Jefferson – hiring minority workers for this development; confirmation of sufficient funding to complete the project. Mr. Dennis Kolomyjec, resident on Damson Drive – sewers in the area and impact on his property; flooding in area; inconvenience to him if sewers cut through his property. Mr. Thomas Neil – impact of cul-de-sacs on public transit; price range of proposed units. Mayor Taylor closed the public hearing. Moved by Shannon, seconded by Sierawski, RESOLVED, to approve the application by MRFR, LLC for a Planned Unit Development on 6.768 acres situated on the east side of Ryan Road, south of 18 Mile Road, PPCM-1170, subject to the terms and conditions set forth in the Palm Ryan Planned Unit Regular City Council Meeting Wednesday, May 16, 2017 Page 13 Development Agreement, and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. Councilman Shannon asked Mr. McLeod to respond to the residents’ concerns about the sewer line that will serve this property. Mr. McLeod explained that once site plan approval is granted, the next step for the petitioner is to go into detailed engineering, which is the phase in which they will determine where the storm water and sewer lines will go. The preliminary plans showed the developer’s intention was to go to the north with the storm system and the reason was that the fall of the land generally goes to the northeast, so it may be difficult to push that water back towards Ryan. He stated they are still exploring where the storm outlet will go, and if there is not an existing easement they can utilize for the storm system, they will have to acquire one from an adjacent property owner. He summarized that the location has yet to be determined, but it will probably go to the north, and the lines will have to be enlarged. Councilman Shannon stated this looks like a beautiful development and he was glad they are bringing it to Sterling Heights. Mr. Ruggeri stated he talked with Mr. Bill Mosher, his client’s engineer, and complete retention of all water will be an improvement, so any existing problems will be removed. He stated the PUD agreement incorporates the landscaping plan, elevations and the site plan so they will be required to build as presented, with no deviations. He stated they are Regular City Council Meeting Wednesday, May 16, 2017 Page 14 working on engineering, and will most likely be increasing the size of the lines to accommodate the needs of the area. Councilman Lusk stated he lived just north of this location in the Vineyards for about twenty years and the 300 homes filled up quickly. He explained that homes starting at $400,000 helps the current residents in that area by increasing their property values. He pointed out that Sterling Heights offers a place to live for anyone in any income level. He commended the developer on the plans and looks forward to seeing the development. Mayor Taylor stated this is a great development, and there is not a lot of vacant land left, so he is glad they were able to acquire this land. He is looking forward to the development. Yes: All. The motion carried. 3. CONSENT AGENDA Mayor Taylor opened the floor to comments from the audience regarding the Consent Agenda. Mr. Joe Judnick – opposed to Item M; questioned reference made in Item O regarding interest paid. Mr. Bob Moffa – requested more detail for Item N. Mr. Thomas Neil – questioned Items O and P for county-funded roads; questioned Item N; requested more information be provided for Consent Agenda items. Regular City Council Meeting Wednesday, May 16, 2017 Page 15 Mr. Charles Jefferson – questioned Item N; length of time limit for public comments. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended: A. To approve the minutes of the Special Meeting of April 25, 2017, the Special Meeting of May 3, 2017 and the Regular Meeting of May 3, 2017 meetings, as presented. B. To approve payment of the bills as presented: General Fund - $1,102,616.93, Water & Sewer Fund - $2,739,986.65, Other Funds - $1,607,180.22, Total Checks - $5,449,783.80. C. RESOLVED, to waive the competitive bidding requirement in accordance with City Code §2-217(A)(9)(c) and approve the Skatepark Construction Contract between the City of Sterling Heights and Evergreen Skateparks LLC, 5327 SE 69th Avenue, Portland, OR 97206, in the amount of $450,000 and authorize the Mayor and City Clerk to sign the contract on behalf of the City. D. This item was removed from the Consent Agenda to Consideration Item 6. E. RESOLVED, to award the bid for baseball / softball field renovations to Bob’s Landscaping Service, Inc., 28831 Harper Avenue, St. Clair Shores, MI 48081 at unit prices bid. Regular City Council Meeting Wednesday, May 16, 2017 Page 16 F. RESOLVED, to award the bid for the restroom upgrades at the Sterling Heights Public Library to Six Brothers Construction, LLC, 12878 Red Pine Ln., Shelby Township, MI 48315, in the amount of $27,200. G. RESOLVED, to split the award of the bid for the maintenance of City- owned generators and rental of a generator as follows: (a) To Ancona Controls, 28021 Grand Oaks Ct., Wixom, MI 48393, for the maintenance of ten generators for a two-year period at the unit prices bid and authorize the City Manager to extend the bid award an additional one-year period at the unit prices bid; and (b) To GenPower Products, Inc., 29905 Anthony Drive, Wixom, MI 48393, for the rental of a generator for a two-year period at the unit price bid and authorize the City Manager to extend the bid award an additional one-year period at the unit price bid. H. RESOLVED, to award the bid for pavement striping to R. S. Contracting, Inc., 9276 Marine City Highway, Casco Township, MI 48064, for a three- year period at unit prices bid. I. RESOLVED, to award the bid for sewer maintenance supplies for the Department of Public Works to Sabiston Builders Supply, Inc., 11503 East 8 Mile Road, Warren, MI 48089 at unit prices bid for a one-year period. J. RESOLVED, to split the award of the bid for water service parts for the Department of Public Works to the vendors and at the respective unit prices specified below for a one-year period: Regular City Council Meeting Wednesday, May 16, 2017 Page 17 To: ETNA Supply Company, 4901 Clay Avenue SW, Grand Rapids MI 49548 Repair Clamps – CI Repair Clamps – AC Service Saddles Corps – No Lead To: HD Supply Waterworks, 49010 Dewitt Road, Canton MI 48188 Curbs – No Lead Stop Boxes Union – No Lead Reducers – No Lead Couplings – No Lead To: SLC Meter, LLC, 595 Bradford Street, Pontiac, MI 48341 Soft Copper Pipe K. RESOLVED, to purchase wireless services and products from Verizon Wireless at pricing available through the State of Michigan cooperative purchasing program, MiDeal contract #071B5500078, General Services Administration (GSA) federal supply program, GSA contract #GS-35F- 0119P, and National Association of State Procurement Officers (NASPO) ValuePoint cooperative purchasing program, contract #1907, and authorize the City Manager to sign all required documentation on behalf of the City, including options to extend existing terms and conditions. Regular City Council Meeting Wednesday, May 16, 2017 Page 18 L. RESOLVED, to award the bid for rental of portable toilets and sinks to Greenwood Enterprises, Inc., d/b/a Jay’s Septic Tank Service, 2787 Greenwood Road, Lapeer, MI 48446, at the unit prices bid for a one-year period, with an option for the City Manager to extend the bid award for three one-year terms upon mutual consent under the same terms and conditions. M. RESOLVED, to set a public hearing on Tuesday, June 6th, 2017 at 7:30 p.m. regarding the application by Kemp and Peyerk, LLC to establish an Industrial Development District (IDD) at 6555, 6575 and 6605 East 14 Mile Road. N. RESOLVED, to receive the lawsuit, Stojadin Blagoja Naumovski v. City Council of the City of Sterling Heights; Macomb County Circuit Court Case No. 2017-000899-CZ. O. RESOLVED, to approve final payment to Ajax Paving Industries, Inc., 1957 Crooks Road, Suite A, Troy, MI 48084, in the amount of $233,671.96, plus interest on retainage, for 15 Mile Road Resurfacing, Dequindre Road to Ryan Road, City Project #15-271. P. RESOLVED, to approve final payment to Pro-Line Asphalt Paving Corp., 11797 29 Mile Road, Washington, MI 48095, in the amount of $116,733.02, plus interest on retainage, for 15 Mile Road Resurfacing, Schoenherr Road to Morningdale Drive, City Project #14-259. Yes: All. The motion carried. Regular City Council Meeting Wednesday, May 16, 2017 Page 19 CONSIDERATION 4. Mayor Taylor stated this is to consider nominations to City of Sterling Heights Boards and Commissions. He explained that the first is for three expiring terms on the Planning Commission, and this is a two-step process, with nomination and appointment. He stated it is a mayoral nomination, and there are three vacancies, with all three of the members whose terms are expiring are requesting reappointment. He recommended reappointment of Mr. Edward Kopp and Mr. Leonard Reinowski and appointment of Ms. Lori Doughty. Moved by Shannon, seconded by Taylor, RESOLVED, to nominate Mr. Edward Kopp, Mr. Leonard Reinowski and Ms. Lori Doughty, each for consideration as an appointee to the Planning Commission at the June 6, 2017 regular City Council meeting. Yes: All. The motion carried. Mayor Taylor stated the next item is to consider nominations to the Zoning Board of Appeals. Moved by Ziarko, seconded by Schmidt, RESOLVED, to postpone the nomination to the Zoning Board of Appeals to the next Regular City Council Meeting, scheduled for June 6, 2017. Mayor Taylor stated this has been moved and supported, but there is a member requesting reappointment. Mayor Pro-Tem withdrew her motion, and Councilwoman Schmidt withdrew her support. Regular City Council Meeting Wednesday, May 16, 2017 Page 20 Moved by Ziarko, seconded by Schmidt, to nominate Mr. Dale R. Deming for consideration as an appointee to the Zoning Board of Appeals at the June 6, 2017 regular City Council meeting. Yes: All. The motion carried. Moved by Schmidt, seconded by Ziarko, RESOLVED, to nominate Mr. John P. Pitrone for consideration as an appointee to the Board of Ordinance Appeals I at the June 6, 2017 regular City Council meeting. Yes: All. The motion carried. Mayor Taylor stated the next nomination is for Board of Ordinance Appeals II. There is one vacancy for the term of Mr. Al Kollmorgen, but he is not seeking reappointment. He stated if no one has a nominee, he indicated Mr. Brad Lukas is the head of a nursing program at Beaumont Hospital and he has indicated he is interested in serving on the Board of Ordinance Appeals. Moved by Ziarko, seconded by Schmidt, RESOLVED, to nominate Mr. Brad Lukas for consideration as an appointee to the Board of Ordinance Appeals II at the June 6, 2017 regular City Council meeting. Yes: All. The motion carried. Moved by Ziarko, seconded by Schmidt, RESOLVED, to nominate Mr. Stephen Bilan and Mr. Raymond Nadolski, each for consideration as an appointee to the Board of Review at the June 6, 2017 regular City Council meeting. Yes: All. The motion carried. Regular City Council Meeting Wednesday, May 16, 2017 Page 21 5. Mayor Taylor stated this is to consider appointments to the Beautification Commission and the Housing Commission, and he opened the floor for public comments. Mr. Charles Jefferson – two-step process for reappointments. Mr. Joe Judnick – more detail on agendas. Mr. Thomas Neil – diversity. Moved by Ziarko, seconded by Taylor, RESOLVED, to postpone consideration of an appointment to the Beautification Commission to the June 6, 2017 regular meeting. Yes: All. The motion carried. Mayor Taylor stated the next appointment is to fill an unexpired term on the Housing Commission. Moved by Schmidt, seconded by Ziarko, RESOLVED, to appoint Mr. Shawn Taylor to the Housing Commission for the term ending December 31, 2018, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. 6. Mayor Taylor explained this was formerly Item 3D from the Consent Agenda, which is to approve the Interlocal Agreement between participating municipalities creating the Macomb County Fire Chiefs Association and Mutual Aid Box Alarm System Division 3204. Regular City Council Meeting Wednesday, May 16, 2017 Page 22 Fire Chief Chris Martin provided some background on the Michigan Mutual Aid Box Alarm System (MI-MABAS). He stated Sterling Heights has been a member of the state-wide MABAS agreement for approximately eight years. They have signed two more Resolutions because that has changed in the past five years. There were five entities in Macomb County that signed that state-wide agreement, and they created MABAS Division 3204. Once they created that division, they had two mutual aid pacts in the County with one mutual aid set of cards and response plans. For the past three years, he has served on the Executive Board of the Macomb County Fire Chiefs and it was his mission to address this issue. He convinced the Executive Board to adopt this Resolution so within the next couple of weeks, all twenty-seven entities in Macomb County will be having this in front of their Boards so they can solidify the Macomb County Fire Chiefs Association with Division 3204. There will be no changes in their mutual aid plans, but it will open state-wide mutual aid, and he assured that is more robust than it ever has been in the State of Michigan’s history. With a simple phone call or a key-up of the radio, they can have mutual aid from Grand Rapids or Lansing, for example, headed this way in the event of a disaster. He stated this agreement is a formality, and if the City signs on before July 1, they will become a founding member of MABAS 3204. Chief Martin stated that Mr. Don DeNault wrote the local agreement, and he is very well versed in local agreements, so it was approved by the Chiefs Association as well as six or seven entities as their council meetings have come up. Regular City Council Meeting Wednesday, May 16, 2017 Page 23 Mayor Taylor opened the comments to the public. Ms. Linda Godfrey – source of funding and compensation; amendments to bylaws with no local control; urged Council to postpone consideration on this Resolution. Ms. Sanaa Elias – incentives to participate; number of runs to mutual aid communities last year; opposed to this Resolution. Ms. Jazmine Early – benefits for residents; who is responsible for costs; more information needed. Mr. Jeffrey Norgrove – results from “Fire Study” paid for two years ago. Mr. Harry Marchlones – does not fully understand document; longer response times when coming from other communities; residents pay higher taxes in Sterling Heights for excellent service and rapid response. Mrs. Mary Marcinak – concerns about Resolution; urged Council to postpone and do more research. Mr. Joe Judnick – agreed with other concerns expressed; requested postponement. Mr. Thomas Neil – fire departments responding from far away will add to response time; who pays associated costs; would like more information and answers. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve the Interlocal Agreement between participating municipalities creating the Macomb County Fire Chiefs Association and Mutual Aid Box Alarm System Division 3204 and Regular City Council Meeting Wednesday, May 16, 2017 Page 24 authorize the Mayor and City Clerk to sign the Interlocal Agreement on behalf of the City. Councilwoman Schmidt inquired as to whether this is a step toward consolidation. Chief Martin replied this has nothing to do with consolidation but formalizes their mutual aid. He reviewed some of his notes, indicating the reason they want to be able to make changes is they do not want to have to go to 27 communities every time something minor is revised. He responded to the question raised regarding funding, and stated that this MABAS Division has cost Sterling Heights only $80 a year, with $50 of that designated for the Fire Chief, and $30 for the Assistant Chief. Bylaws will address when an agency does not respond to a call, but each agency can say “no”, noting a rule that indicates no agency is to give more than 20% of their assets to another department, which, for Sterling Heights, is one fire engine. Mutual aid is in place for large events, and the times where they would receive help from distant cities in Michigan would be for a “once-in-a-lifetime” event. He cited the scenario of a large business like the Chrysler facility catching on fire, where they would have to call for mutual aid. He assured the benefits far outweigh the risks, and it is a plan that benefits every resident of Sterling Heights. He replied to inquiry they received $115,000 last year from fireworks funding, and they used it for exceptional training. He cautioned if the City does not sign by July 1, 2017, they will not have mutual aid. He stated there is no reason for postponing this tonight, because this document was signed by the Macomb County Fire Chiefs Association and cannot be changed by the City of Sterling Regular City Council Meeting Wednesday, May 16, 2017 Page 25 Heights. He offered to provide his email address and telephone number for anyone who continues to have questions after this evening. Councilwoman Schmidt stated that for the $80 per year invested, taxpayers would be foolish to balk at City Council approving this tonight. Mayor Taylor agreed with Councilwoman Schmidt. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Mike Mulhern – sidewalk missing along Dequindre, between Wattles and Long Lake; condition of Streamwood Lane. Mr. Bob Moffa – camera ordinance like Clinton Township adopted; tire machine at DPW; sign at City Hall; Community Relations expenditures. Ms. Linda Godfrey – lawsuit over Macomb interceptor. Mrs. Mary Marcinak – safety along North Van Dyke River district; clearly marked crosswalks with large white diagonal stripes. Mr. Charles Jefferson – sign at Riverland limiting right turns being ignored; Police Chief Berg’s contract. Mr. Joe Judnick – fund-raising in road right-of-way; requested Mulberry Drive be swept; rusted lights at 17 Mile/Mound Ford Motor Company site; Police Chief vacancy; tax abatements. Ms. Jazmine Early – Macomb County interceptor; CORE program meeting; speeding motorists on her street; Memorial Day event. Regular City Council Meeting Wednesday, May 16, 2017 Page 26 Mr. Thomas Neil – drainage problem on Ascot Drive; mowing grass along Schoenherr. Mr. Giulio Russo – tree trimming along Merrill Road. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool addressed citizen comment regarding releasing retainage on road projects, explaining the City retains money on road projects until the project is done. When the money is released to the contractor, they also return interest because during the time their money was held, interest was accrued and must be returned. Mr. Vanderpool responded to Mr. Mulhern’s concern about the sidewalk gaps along Dequindre, stating they are trying to close gaps throughout the City. He stated he needs to check on the gap along Dequindre and whether the City has the right-of-way, adding that it can take a lot of time to acquire the right-of-way from homeowners who are not willing to work with the City. He stated he will check to see when Streamwood is scheduled to be resurfaced. Mr. Vanderpool clarified the Police Chief was not “let go”, but he was in a Deferred Retirement Option Plan (DROP), which is a five-year plan. He entered the plan in June 2012, so the plan expires this year and is an irrevocable agreement. He explained in some cases the City has rehired directors on a limited basis through transition periods; however, the City is discontinuing those rehire programs. He reiterated the Police Chief was not “let go”. Regular City Council Meeting Wednesday, May 16, 2017 Page 27 Mr. Vanderpool will look into when Mulberry Drive is scheduled for resurfacing. He also addressed a comment about the currently-vacant diner at Riverland and Van Dyke. He advised the Local Development Finance Authority is in the process of purchasing the property, and once that is completed, they will move to have it demolished quickly, hopefully this summer. He indicated the grass is being mowed in the meantime. Mr. Vanderpool addressed the resident’s comment about speeding in their neighborhood off 14 Mile Road, between Van Dyke and Hayes. He urged those residents to meet with their CORE Officer to set up speed trailers and look at other measures they can take to reduce speeding on their street. He urged them to call him at any time if that does not work for them. Mr. Vanderpool addressed the resident’s concern about tree-trimming, and stated when DTE is trimming trees, the result can be rather striking and not desirable, but not trimming the trees has a more drastic effect and that is the interruption of electrical service. He explained the City of Sterling Heights has its own tree- trimming program, with a rotation of about five years. He admitted it is not a popular program because it also leaves a rather drastic look, but the trees grow back quickly. He stated trees can hang over the roadways and trucks can hit them, and it can become a safety hazard for bicyclists as well. He stated they have a forester and an arborist who approve the tree-trimming measures every year to make sure the contractor complies with all standards and best practices. Mr. Kaszubski stated there is one item for tonight in Closed Session. Regular City Council Meeting Wednesday, May 16, 2017 Page 28 UNFINISHED BUSINESS / NEW BUSINESS Mayor Pro-Tem requested that Mr. Kaszubski comment on the Resolution voted on by City Council on March 20th. Mr. Kaszubski stated the Resolution they voted on was to get disclosures that are necessary for refunding and refinancing bonds, as well as any bonds that MIDD might be seeking to do. The actual Resolution and motion made states “the City of Sterling Heights hereby reserves its rights to pursue all revenues, damages, recruitment and recovery against any person or entity that may ultimately be determined to be responsible for all or part of the costs or damages incurred and associated with the December 24, 2016 collapse and repair of the 15 Mile interceptor drain”. He emphasized that Sterling Heights did not, as part of this Resolution, grant any full faith in credit behind any bonds, was not asked to do so. Instead, the City reserved its rights at that time because they were investigating the costs of what the City should be paying for this. He is not quite sure where they approved the bonds to be issued, but it is not in the Resolution that was adopted on March 20th. Councilwoman Schmidt stated it was brought to her attention that Sterling Heights TV does not have closed captioning. She is aware there are fees associated with that, and she spoke with Ms. Kozlowski, Community Relations Director, who indicated the City’s meetings are available on YouTube and closed captioning is available on YouTube. She wanted to make sure residents are made aware of that when they access the City’s website to make it easier for the hearing Regular City Council Meeting Wednesday, May 16, 2017 Page 29 impaired. She referred to Mr. Moffa’s comment about a tire machine at DPW, and she confirmed that the City purchased it in this past budget, so whoever called it in possibly did not know that it has been purchased. Mr. Vanderpool confirmed that cost was included in this year’s budget that was just approved by Council. Regarding Mr. Moffa’s comment about the money spend on Community Relations, Mr. Vanderpool stated that only 0.7% of the City’s overall budget is devoted to community relations and public information. Councilman Lusk shared a typical two-week cycle as a Council member. Aside from the meetings, there are grand openings when the Mayor and council members have the opportunity to welcome new business to the City. He stated he was able to witness a small portion of the work Mr. Kyle Langlois, Director of Parks and Recreation, does daily and outlined some of those activities. He attended a program at Velocity featuring Mr. Luke Bonner and the Sterling Heights Chamber of Commerce, and Mr. Bonner works tirelessly to support businesses either in the City or considering relocating into the City. He met with the Fire Department’s Firefighter’s union and learned more about the risks the firefighters are exposed to in doing their jobs daily. He attended a fundraising event with some other Council members and community leaders, making sure that Sterling Heights is always showcased in the most favorable light. He attended the Career Focus Luncheon for Sterling Heights sixth graders. He stated the Council members are constantly receiving telephone calls, and he wanted to emphasize to Regular City Council Meeting Wednesday, May 16, 2017 Page 30 residents the amount of work that Council members do is much more than their time spent at the City Council meetings. Mayor Taylor reminded residents that the annual Sterling Heights Memorial Day Parade starts at 9 a.m. on Memorial Day, and the following Thursday is the grand opening of the new Dodge Park pedestrian bridge and the kick-off of the Farmer’s Market for this season. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 9:49 p.m. and City Council went into Closed Session. MARK CARUFEL, City Clerk