City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 1, 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 Melanie Ryska, 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: Jeffrey Bahorski, Assistant City Manager; Marc D. Kaszubski, City Attorney; Melanie Ryska, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA, Moved by Koski, seconded by Ziarko, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Bahorski reported that the annual Sterlingfest Art & Music Fair successfully concluded on Saturday, July 29th. He explained it is impossible to list everyone who contributed to its success without omitting someone, but he commended Community Relations Director Bridget Kozlowski and her staff for the long-term planning and execution of another great Sterlingfest event. He also extended special thanks to DPW, Police, Fire, Facilities and many employees and Regular City Council Meeting Tuesday, August 1, 2017 Page 2 volunteers, including City Council members, who contributed to the success of this event. Mr. Bahorski announced that the Sterling Heights Police Department will join law enforcement agencies across the country in hosting the annual “National Night Out” on Tuesday, August 8th from 6:30 p.m. to 9:00 p.m. at the Sterling Heights Police Department. He explained this event is a national community- building campaign that promotes police-community partnerships and neighborhood camaraderie to make neighborhoods safer and better places to live. He outlined some of the planned events, including the highlighting of volunteer opportunities, and stated that there will also be raffles, prizes and refreshments. He encouraged everyone to attend this family-friendly event. Mr. Bahorski reported that the impact of ReCreating Recreation is spreading across Sterling Heights with the renovation of the neighborhood parks. City Council held a groundbreaking of the new skate park on July 18th, to be located between the Sterling Heights Public Library and the Kenneth Kosnic Judicial Building. He invited City Development Director Denice Gerstenberg to provide an overview of the projects that are going to transform the City over the next twelve months and beyond. Ms. Gerstenberg explained that on November 8, 2016, the Sterling Heights voters approved a dedicated Parks & Recreation millage for ReCreating Recreation. She provided a project update, noting that the City has closed on Regular City Council Meeting Tuesday, August 1, 2017 Page 3 the purchase of the party store across the street from City Hall, and once the building is demolished, the site will be used for the new Community Center. Construction has begun on the skate park, with anticipated completion this October. Construction has also begun on the first six of the neighborhood parks, including the following: Ben Hadley Park, Chappelle Park, Delia Park, Hampton Park, Imus Park and Washington Square Park. She outlined the various improvements to each of those parks, including the SportCourt decking on tennis and basketball courts. This material is made of interlocking, highly-durable sport tiles that can be installed over existing concrete courts and provides excellent shock absorption and traction, lasting two to three times longer than the existing painted surfaces. Ms. Gerstenberg explained one of the items on the Consent Agenda this evening is the total refurbishment of Dodge Park, designed to present social interaction and a sense of community. She outlined the proposed improvements and additions, including a new pavilion with restrooms, a soccer field, four sand volleyball courts and a basketball court. The existing Parks & Recreation Building will be demolished and in its place will be a new Farmer’s Market pavilion that houses an ice rink in the winter months. The existing amphitheater will be demolished and a new one will be built that faces the Farmer’s Market pavilion and face away from the neighboring residential area. She showed some renderings of the proposed Splash Pad. Ms. Gerstenberg concluded her report by noting Regular City Council Meeting Tuesday, August 1, 2017 Page 4 that, upon approval of this item on tonight’s Consent Agenda, the construction at Dodge Park is expected to begin on August 14th and is anticipated to be completed prior to the City’s 50th Anniversary celebration on July 1, 2018. Mr. Bahorski requested that City Council convene a Closed Session at the conclusion of tonight’s meeting to consider an attorney-client privileged communication. PRESENTATION Mayor Taylor announced this is a swearing-in ceremony for new Sterling Heights Police Officers and he introduced Interim Police Chief Dale Dwojakowski to give the presentation. Interim Police Chief Dwojakowski stated that this evening he will be swearing in four new officers, and in doing so, marks their forty-third police officer hired in the City in just over two years. He thanked City Council for allowing them to do this. He informed this will conclude the hiring from their current eligibility list. In January 2018, they will have a new eligibility list so they will be hiring approximately ten more officers in 2018. He stated these officers started on July 17th, and he is proud to say that Sterling Heights, with their reputation, pay and benefits, working conditions, among other attractions, has acquired these officers from other police departments. He stated that speaks volumes about the City and its reputation. Regular City Council Meeting Tuesday, August 1, 2017 Page 5 Interim Police Chief Dwojakowski introduced Officer Kevin Archer, who comes from Grand Traverse County with 2-1/2 years of experience; Officer Steven McSherry, who had just been hired by the City of Madison Heights and made the decision to leave to take the position with Sterling Heights; Officer Nathan Gyani, who was with the City of Detroit for two years; and Officer Andrew Geldmacher, who has been with the Wayne County Sheriff’s Department for 3- 1/2 years. He swore in the four new officers. Officer Archer thanked the Council for this opportunity, noting it is a blessing to be here and work for a community that takes care of its employees. Officer McSherry thanked the Mayor, Police Chief and City Council for providing him the opportunity to come back to the city in which he was raised. He appreciated the opportunity and is looking forward to working with such a great community. Officer Gyani thanked God for this opportunity. He thanked the Chief, Mayor and City Council for this opportunity, and also thanked his family for supporting him. He is honored to be working in the city in which he grew up and looking forward to his career here. Officer Geldmacher thanked everyone for the opportunity to be here, and as a lifelong resident of Sterling Heights, he is looking forward to serving the community. Regular City Council Meeting Tuesday, August 1, 2017 Page 6 The City Council members congratulated the new officers, and pictures were taken. Mayor Taylor thanked the new officers for their commitment to the City of Sterling Heights. He stated it is a blessing to be where they are now, considering where they were a few years ago when they had to talk about layoffs and cutbacks. He informed that the City of Sterling Heights has maintained their reputation of the safest big city in the State of Michigan and one of the safest big cities in the country. He stated this Police Department is one of the best around, and a lot is expected of its officers, but he was certain they can be counted on because the City “only hires the best.” On behalf of the Council and residents, he thanked them for their service. PUBLIC HEARING 1. Mayor Taylor stated this is a public hearing to consider the application by Mancini Enterprises, LLC for a Speculative Building Design at 42605 Van Dyke with a presentation by Mr. Jeffrey Bahorski, Assistant City Manager. Mr. Bahorski explained this is an application by Mancini Enterprises, LLC for a speculative building designation for a new 73,000 square-foot manufacturing facility being construction at 42605 Van Dyke. The managers of this company are well-known and own a number of facilities in this city, and the Mancini family has had business presence in Sterling Heights for nearly 50 years. He informed that if the City Council designates the new manufacturing facility as a Regular City Council Meeting Tuesday, August 1, 2017 Page 7 speculative building, such action does not convey a tax abatement. He explained that, under Public Act 198, an applicant for a tax abatement must apply within six months after construction commences. This timeline does not work well for a developer who wants to construct the building and then market it without an end user. To avoid this result, Act 198 allows a developer to make application to a municipality for a speculative building designation, which, if approved, allows the first tenant within a nine-year period to apply for the tax abatement. This becomes a marketing tool for the developer who hopes to attract a long-term tenant in Sterling Heights. He stated that Mr. Ed Mancini is present to answer questions. Mayor Taylor opened the public hearing. Mr. Ed Mancini thanked the City Council for considering their request. He confirmed their family has been in business in this City for fifty years, and he hoped to continue another fifty years in Sterling Heights with his children. There was no one in the audience who wished to speak. Mayor Taylor closed the public hearing. Moved by Ziarko, seconded by Sierawski, RESOLVED, to adopt the resolution designating the new manufacturing building at 42605 Van Dyke as a speculative building in accordance with Public Act 198 of 1974. Regular City Council Meeting Tuesday, August 1, 2017 Page 8 Mayor Pro-Tem Ziarko was grateful that the Mancini family has been operating in the City for the last fifty years and wants to stay here. She stated the City will be celebrating their fiftieth anniversary next year. She wished him the best of luck in marketing the building. Mayor Taylor stated the Mancini’s have been a fixture in Sterling Heights and have done a fantastic job. He thanked them and wished them luck. Yes: All. The motion carried. RESOLUTION A resolution of the Sterling Heights City Council approving the application by Mancini Enterprises, LLC for a Speculative Building Designation for a New Facility located at 42605 Van Dyke. Minutes of the regular meeting of the City Council of Sterling Heights, Michigan, held on the 1st day of August, 2017, at the City Hall, 40555 Utica Road, in Sterling Heights, Michigan, at 7:00 p.m.: PRESENT: Deanna Koski, Gary Lusk, Maria G. Schmidt, Nate Shannon, Liz Sierawski, Michael C.Taylor, Barbara A. Ziarko. ABSENT: None WHEREAS, pursuant to P.A. 198 of 1974, M.C.L. 207.551 et seq., after a duly noticed public hearing held on May 1, 1990, the City Council established by resolution an Industrial Development District (IDD) for property commonly known as 42605 Van Dyke. WHEREAS, Mancini Enterprises, LLC (Applicant) has filed an application for a Speculative Building designation with respect to a new building installed within the IDD, on the following parcel of real property: T2N, R12E, SEC 9 COM AT NE 1/4 COR SEC 9; TH SOUTH 716.77 FT; TH S89*40'54"W 60.0 FT; TH SOUTH 230.02 FT TO POB; TH SOUTH 259.58 FT; TH S89*45'48"W 740.0 FT; TH NORTH 259.58 FT; TH N89*45'48"E 740.0 FT TO POB 4.41 ACRES SPLIT FROM -041 FOR 2002 Commonly known as: 42605 Van Dyke, Sterling Heights, Michigan, 48314 Tax Item No.: 10-09-200-046-000 Regular City Council Meeting Tuesday, August 1, 2017 Page 9 WHEREAS, before acting on said application, the City Council of Sterling Heights held a public hearing on August 1, 2017, at 40555 Utica Road, in Sterling Heights, MI at 7:00 pm, at which hearing Applicant, the Assessor and a representative of the affected taxing units were given written notice and were afforded an opportunity to be heard on said application; WHEREAS, the building was constructed for the purpose of providing a manufacturing facility before the identification of a specific user of that building, does not qualify as a replacement facility, and is a Speculative Building by definition of Public Act 198 of 1974; WHEREAS, Applicant meets all requirements necessary for obtaining a Speculative Building designation under M.C.L. 207.551 et seq. and in accordance with established City guidelines; NOW, THEREFORE, BE IT RESOLVED, that the City Council for the city of Sterling Heights designates the new manufacturing building at 42605 Van Dyke as a Speculative Building pursuant to and in accordance with Public Act 198 of 1974. Dated this 1st day of August, 2017. AYES: 7 NAYS: 0 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 1st day of August, 2017 _______________________ Melanie D. Ryska, City Clerk ORDINANCE INTRODUCTION 2. Mayor Taylor stated this is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property south of Metropolitan Parkway, on the west side of Ryan Road, in Section 30 from R-60 Regular City Council Meeting Tuesday, August 1, 2017 Page 10 (One-Family Residential District) to C-1 (Local Convenience Business District); Case No. PZ17-0004, with a presentation by Mr. Chris McLeod, City Planner. Mr. McLeod stated this is the potential introduction of an ordinance amendment to the zoning map from R-60 to C-1. He indicated this is a Conditional Rezoning and the current application is for a 6,375 square foot local convenience shopping center with up to four individual tenant spaces. He informed that the Planning Commission, at their June meeting, recommended denial of the zoning request. Since that time, the applicant has provided substantial revised plans which are being presented tonight. He reviewed some of those changes as follows: overall reduction of the square footage of the shopping center; an offer to restrict the uses allowed on the subject property to prohibit restaurants, fruit markets and meat markets; and elimination of the one variance request made by the applicant to provide the required ten-foot wide greenbelt along the western and southern property lines which abut residential properties. He explained these revisions were made to specifically address the concerns raised by the residents at the Planning Commission meeting. He stated that, based on the substantial changes in the plans and the fact that the Planning Commission has not reviewed these plans, the recommendation is to remand this back to the Planning Commission. Regular City Council Meeting Tuesday, August 1, 2017 Page 11 Mr. McLeod reviewed more details of the application and discussed the zoning and development of abutting properties. He explained that the Ordinance Board of Appeals recently addressed some violations regarding the existing house that is in poor shape. He stated that the Master Land Use Plan indicates this property for a commercial use. An aerial of the site and surrounding properties was shown. The site plan was displayed, and Mr. McLeod reviewed some of the changes that have been made to the plan since it went to the Planning Commission. The required ten-foot greenbelt was added, the building was slightly reduced in size, and he confirmed that the site plan meets the requirements of the City’s zoning ordinance. The applicant has indicated there are specific users, including a hairdresser, a florist and a wedding planner. He concluded his presentation with their recommendation that the Planning Commission have an opportunity to reconsider the petition with these changes. Mr. Dallo, petitioner, emphasized that this is very light business being proposed for this plaza, and he added that they do not have late business hours. He stated the hair salon will be relocating from across the street. There will be an event planner occupying one of the tenant spaces, where they will plan events and rent chairs and tables. He compared it to office use. He recalled a lot of the concerns expressed by the residents at the Planning Commission about “duplicate” businesses Regular City Council Meeting Tuesday, August 1, 2017 Page 12 in the area, but he noted all of the businesses are doing well. Each business has from three to five employees, so this proposed commercial development will add to the employment in the City. He is excited to go forward with the plan, and he offered to answer questions. Mayor Taylor opened the floor for comments from the audience. An audience member (no name given) stated she is representing her sister, who lives at 3941 Hearns, abutting the subject property. She expressed opposition based on the following concerns: duplicate businesses in the area, depreciation of their homes, late hours of businesses, additional traffic, and no restaurants, markets or ice cream parlors. A property owner who fronts the south line at the corner of Hearns and Ryan expressed the following concerns: headlights shining into her second-floor bedroom window and late hours of businesses. She would like it limited to businesses operating only during daylight hours. Mr. Augie Michael, owner of 3941 Hearns and 3929 Hearns, expressed the following concerns: negative impacts of development on neighbors, loss of privacy, and opposed to windows on south side of development. Mr. Ted Skladanowski, 36642 Carriage, located abutting the west property line of the subject parcel, stated opposition to a restaurant or ice cream parlor, and felt the use should be more transitional. Regular City Council Meeting Tuesday, August 1, 2017 Page 13 Mr. Charles Jefferson stated the limited vacant parcels zoned residential need a more transitional use; opposed to hookah bars at this location, and suggested the site is more suitable for office use. Mr. Harry Marchlones stated opposition to the shopping center; concerned about trash and debris from the shopping center ending up all over and not being kept up; opposed because there are already vacant storefronts in the city. Moved by Shannon, seconded by Ziarko, RESOLVED, to remand Case No. PZ17-0004 to the Planning Commission to reconsider the request to conditionally rezone property south of Metropolitan Parkway on the west side of Ryan Road, in Section 30 of the City, from R-60 (One-Family Residential District) to C-1 (Local Convenience Business District), as amended. Councilman Shannon stated it would be good to send this back to Planning Commission to reconsider the request with all of the proposed changes, and they can forward it back to Council once it has been reconsidered. Mayor Pro-Tem inquired as to whether there would be a masonry wall between the subject property and the abutting residential parcels if it is rezoned to C-1. Mr. McLeod replied that a 6-foot masonry wall would be required along the south and west property lines. Regular City Council Meeting Tuesday, August 1, 2017 Page 14 Councilwoman Koski questioned what happened to having a transitional zoning rather than commercial directly adjacent to the existing residential homes. Mr. McLeod stated that office is considered transitional. He explained the Master Plan is a general guide, but each request is considered individually. He stated it is a question of whether the City feels that a C-1 zoning designation, even with the conditions offered by the petitioner, is still too intense for this location. Councilwoman Koski questioned whether it is up to the Council to decide whether to allow commercial use in the middle of a residential area. Mr. McLeod replied it is always the Council’s determination whether to approve a rezoning request. He noted there is commercially-zoned property on the north side of the subject parcel, as well as non-residential on the east side of the road. He clarified it is not completely within a residentially-zoned district but it abuts residential. Councilwoman Koski inquired as to whether it is acceptable to rezone a parcel to commercial that has residential on two sides. Mr. McLeod stated the Master Plan addresses it, and explained that a C-1 zoning designation can be used as transitional. He added that office is another transitional zoning. Regular City Council Meeting Tuesday, August 1, 2017 Page 15 Councilwoman Koski requested more information on traffic when it comes back to City Council. She would like to know how many ingress/egress points, whether left turns will be permitted to and from the subject property, ad whether this could result in more accidents. Mayor Taylor understood the concerns of the residents in the area, but pointed out the property is on a major thoroughfare, and the Master Plan designates the property for local commercial use going forward. He stated it is not an island completely surrounded by residential. He stated that is not his place to base his decision on the fact that there may be duplicate businesses, because those businesses may do very well. He stated as long as the petitioner is willing to restrict the uses through a deed restriction, he is ok with it. He pointed out it is a light commercial use and not as intense as some of the other commercial uses that are within a few feet of residential districts. Mayor Taylor agreed with sending this back to the Planning Commission for their reconsideration of the request with all of the changes that have been made. Yes: All. The motion carried. ORDINANCE ADOPTION 3. Mayor Taylor stated this is to consider adoption of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property south of 15 Mile Road, east of Van Dyke, in Section 34, from C-3 (General Business District) to RM-3 (Multiple Family Mid- and High-Rise District); Case No. PZ17-0005. Regular City Council Meeting Tuesday, August 1, 2017 Page 16 Moved by Lusk, seconded by Schmidt, RESOLVED, to adopt the map amendment to Zoning Ordinance No. 278 to conditionally rezone property south of 15 Mile Road, east of Van Dyke, in Section 34, from C-3 (General Business District) to RM-3 (Multiple Family High Rise District), Case No. PZ17- 0005, subject to the terms and conditions of the Conditional Rezoning Agreement that the Mayor and City Clerk are hereby authorized to sign on behalf of the City. Councilman Lusk stated this is a great use of this parcel of land. He explained it is a difficult piece of land to develop, but the petitioner has done an amazing job of providing affordable living. Councilwoman Schmidt agreed with Councilman Lusk, and had no questions. Mayor Taylor expressed confidence that with Mr. Gallo and Mr. Ruggeri working on this, it will be a great project. Yes: All. Nays – None. The motion carried. CITY OF STERLING HEIGHTS MACOMB COUNTY, MICHIGAN Ordinance No. 278-186 NOTICE OF ADOPTION OF ORDINANCE The City of Sterling Heights has adopted an ordinance which amends the zoning map for Ordinance No. 278 to change the zoning under the Zoning Ordinance of the following described parcel of property: Section 1. That the following land located in the City of Sterling Heights, Macomb County, Michigan, and described as follows: BAUMGARTNERS ESTATE GARDENS PART OF LOTS 26 & 27 DESC AS: BEG AT SE COR LOT 27; TH S89°58'W 330.0 FT ALG S LINES OF LOTS 26 & 27 TO SW COR Regular City Council Meeting Tuesday, August 1, 2017 Page 17 LOT 26; TH N0°12'E 519.41 FT ALG W LINE LOT 26; TH S89°48'E 330.0 FT TO E LINE LOT 27; TH S0°12'W 518.06 FT ALG E LINE LOT 27 TO POB. 3.93 A. Subject to any and all easements and rights of way of record or otherwise. And BAUMGARTNERS ESTATE GARDENS PART OF LOTS 18, 19, 20, 21, 26, & 27 DESC AS: COMM AT SE COR LOT 27: TH N0°12'E 518.06 FT ALG E LINE LOT 27 TO POB; TH N89°48'W 330.0 FT; TH N0°12'E 330.59 FT ALG W LINE LOT 26 TO SE COR LOT 18; TH W 150.0 FT ALG S LINE LOT 18; TH N0°12'E 163.0 FT; TH E 150.0 FT TO W LINE LOT 26 TH S0°12'W 0.17 FT ALG W LINE LOT 26; TH E 165.0 FT TO E LINE LOT 26 TH S0°12'W 73.0 FT ALG E LINE LOT 26; TH E 165.0 FT TO E LINE LOT 27 TH S0°12'W 421.58 FT ALG E LINE LOT 27 TO POB. 4.03 A. Subject to any and all easements and rights of way of record or otherwise. Common Addresses: 34618 Van Dyke Avenue and 34858 Van Dyke Avenue, Sterling Heights, Michigan 48312 Tax Identification Nos.: 10-34-101-131-000 and 10-34-101-130-000 General Common Description: East Side of Van Dyke Avenue between 14 Mile Road and 15 Mile Road in Section 34, PZ17-0005be rezoned from C-3 (General Business District) to RM-3 (Multiple Family Mid and High Rise District), to permit development of a two hundred (200) unit multiple family residential development, in accordance with the terms of a Conditional Rezoning Agreement between Sterling Landings, LLC, a Michigan limited liability company and the City of Sterling Heights, a Michigan municipal corporation, dated August 1, 2017, and that the Zoning Ordinance of the City of Sterling Heights and the Zoning Map be amended accordingly. This amendment shall be effective in accordance with the terms set forth in the Conditional Rezoning Agreement. A copy of the ordinance amending the zoning map and the Conditional Rezoning Agreement can be inspected or obtained from the City Clerk’s office in City Hall, 40555 Utica Road, Sterling Heights, Michigan 48313, during normal business hours. 4. CONSENT AGENDA Mayor Taylor opened the floor to comments from the audience regarding the Consent Agenda. Regular City Council Meeting Tuesday, August 1, 2017 Page 18 There were no comments from the audience. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of July 18, 2017 as presented. B. To approve payment of the bills as presented: General Fund - $1707,446.16, Water & Sewer Fund - $106,855.19, Other Funds - $969,636.57, Total Checks - $1,783,937.92. C. RESOLVED, to award the bid for the official city newspaper for the publishing of legal notices and advertisements to C&G Publishing, Inc., 13650 11 Mile Road, Warren, MI 48089 for a one-year period based on the following unit prices: • One full page at $350.00 • Column inch at $7.00 • Classified help wanted per line at $2.00 D. RESOLVED, to: A. Award the bid for Dodge Park improvements, inclusive of Alternates #1 and #2, to Brencal Contractors, Inc., 26079 Schoenherr Road, Warren, MI 48089, in the cumulative amount of $7,376,096.10; Regular City Council Meeting Tuesday, August 1, 2017 Page 19 B. Authorize an amendment in the amount of $77,000 from Land & Water Conservation funds, account #24700700-988277; C. Authorize the Mayor and City Clerk to sign all required documents on behalf of the City. E. RESOLVED, to approve the purchase of water features, installation services, Tuff Coat surface, Poligon Shelter, and miscellaneous equipment and infrastructure materials for the Sterling Heights Splashpark from Vortex USA, Inc. at pricing available through the National Purchasing Partners Government cooperative purchasing program at a total cost of $676,753 and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval on behalf of the City. F. RESOLVED, to purchase janitorial supplies from Nichols Paper & Supply, Co., d/b/a Nichols, Inc., 1391 Judson Road, Norton Shores, MI 49456, at pricing available through the National IPA Cooperative Request for Proposals, contract #151148, for a one-year period, with an option for the City Manager to extend the terms and conditions of the RFP two (2) additional one-year periods. G. RESOLVED, to purchase Dell OptiPlex 3050 Small Form Factor Workstations, Dell Latitude E5470 Laptops, and Microsoft Exchange Licensing from Access Interactive, LLC, 46665 Magellan Drive, Novi, MI Regular City Council Meeting Tuesday, August 1, 2017 Page 20 48377 through the Midwestern Higher Education Commission master price agreement, #MHEC-07012015, at a cumulative cost of $85,389.82. H. RESOLVED, to: A. Purchase equipment and licenses to replace the City’s storage area network from Access Interactive, LLC, 46665 Magellan Drive, Novi, MI 48377 through the Midwestern Higher Education Commission master price agreement, #MHEC-07012015, at a cumulative cost of $398,175.37; B. Accept a proposal by Access Interactive, LLC, 46665 Magellan Drive, Novi, MI 48377 for professional IT services in connection with installation of the storage area network at a cost of $44,950; and C. Authorize the City Manager to sign all required documentation on behalf of the City. I. RESOLVED, to: A. Approve the purchase of a 2018 Freightliner 114SD tandem axle chassis from Wolverine Freightliner – Eastside, Inc., 107 S. Groesbeck, Mt. Clemens, MI 48043 at pricing avaialbe through a Michigan Intergovernmental Trade Network (MITN) master agreement, #RFP-RH-13-30, in the amount of $121,752; and B. Approve the purchase of a Henderson dump body, plow, underbody blade, and accessories from Knapheide Truck Regular City Council Meeting Tuesday, August 1, 2017 Page 21 Equipment, 1200 S. Averill Avenue, Flint, MI 48503, at pricing available through a National Joint Powers Alliance cooperative contract, #080114-HPI, in the amount of $143,975; and C. Approve the purchase of an Alamo Industrial 23’ Versa Boom Mower, with accessories, from Burnips Equipment Company, 18612 Northland Drive, Big Rapids, MI 49307, at pricing available through a National Joint Powers Alliance cooperative contract, #070313-AGI, in the amount of $60,168. J. RESOLVED, to set a public hearing on Tuesday, September 5, 2017 at 7:00 p.m. regarding the application by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Tax Exemption Certificate at 42409 Van Dyke. K. RESOLVED, to set a public hearing on September 5, 2017 at 7:00 p.m. regarding the application by Curtis Metal Finishing Company to establish an Industrial Development District (IDD) at 6611 Sims Road, Lot 14. Yes: All. The motion carried. CONSIDERATION 5. Mayor Taylor stated this is to consider approval of a collective bargaining agreement between the City of Sterling Heights and AFSCME Local 1917 representing Department of Public Works Supervisory Employees for the Regular City Council Meeting Tuesday, August 1, 2017 Page 22 period July 1, 2017 to June 30, 2020, with presentation by Assistant City Manager Jeffrey Bahorski. Mr. Bahorski explained this existing collective bargaining agreement expired on June 30, 2017. Negotiations were undertaken and produced a tentative agreement in mid-July 2017. The membership of the DPW Supervisory bargaining unit has ratified the new 3-year collective bargaining agreement and is now before Council for approval. Mr. Bahorski outlined the highlights including the following: increases in base wages, with 2.5% in 2017-18, 2.0% in 2018-19 and 2.0% in 2019-20; and three members who promoted into the unit during the time of the expiring agreement will now have the same multiplier as existing members in the bargaining unit, and that will be applied to service earned after July 1, 2017. He outlined the health plans, noting the membership will receive “Blue 2000” high-deductible plan with prescription drug benefit plan and an annual HSA contribution by the City of $2,400 for two-person or family plan, and $1,200 for a single-person plan. He stated employees will pay 10% of health insurance premiums, and the “Blue 2000” plan will be taken into retirement for any member retiring during the term of the collective bargaining agreement. He outlined an emergency leave bank, new to this contract, that will address situations where members work extended hours in emergency situations. He stated all other monetary benefits remain at the levels provided under the expiring collective bargaining agreement. Mr. Regular City Council Meeting Tuesday, August 1, 2017 Page 23 Bahorski stated the City Administration acknowledged the good faith exhibited by the DPW Supervisory throughout the collective bargaining agreement. He added that recommendation is being made this evening for the Council to approve the collective bargaining agreement as presented. Mayor Taylor opened the floor for public comments, but there was no one from the audience who wished to speak. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the collective bargaining agreement and memorandums of understanding between the City of Sterling Heights and AFSCME Local 1917 DPW Supervisory Employees for the period of July 1, 2017 through June 30, 2020 and authorize the Mayor and City Clerk to sign all documents in conjunction with this approval. Mayor Pro-Tem Ziarko stated it was explained very well, and she was glad to see they were able to reach an agreement. Yes: All. The motion carried. 6. Mayor Taylor stated this is to consider appointments to City of Sterling Heights Boards and Commissions. He opened the floor for public comment. There were no comments from the audience. Mayor Taylor stated the first appointment is Step 2 of a nomination and appointment to the Board of Ordinance Appeals II Alternate position. Moved by Sierawski, seconded by Taylor, RESOLVED, to appoint Paul Zdzieblowski to the Board of Ordinance Appeals II – Alternate Member to a Regular City Council Meeting Tuesday, August 1, 2017 Page 24 term ending June 30, 2019, 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. Moved by Lusk, seconded by Ziarko, RESOLVED, to appoint Lawrence Farhat to the Arts Commission to a term ending June 30, 2021, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Lusk stated he has known Mr. Farhat for a number of years and he is a lover of art and will put a lot of his time and talent into this commission. Yes: All. The motion carried. Moved by Schmidt, seconded by Ziarko, RESOLVED, to appoint Deborah Travis to the Beautification Commission to a term ending June 30, 2018, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. COMMUNICATIONS FROM CITIZENS Mr. Harry Marchlones – concerned large political donations equate to bribery. Ms. Jazmine Early – thanked all who participated in Sterlingfest; comments on Facebook; locations at festival where people can pass out literature or obtain signatures. Regular City Council Meeting Tuesday, August 1, 2017 Page 25 REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Bahorski stated he has nothing to report, and will defer any responses to Mr. Vanderpool at the next meeting if he so chooses. Mr. Kaszubski stated there are a couple of matters to be discussed in Closed Session. UNFINISHED BUSINESS / NEW BUSINESS Mayor Pro-Tem Ziarko addressed a comment about large political contributions, stating that the maximum permitted donation is $2,000 from one person, and she added that rarely does anyone get that kind of a donation from one person. She emphasized there are campaign laws in place. She addressed a resident’s comment about people setting up tables at the recent Sterlingfest to obtain signatures, and she stated she saw them. She clarified that, as soon as Administration saw them in an area in which they were not allowed, they were asked to leave. She observed them packing up and leaving. She stated she loves the Naturalization ceremony that takes place on Friday morning during the Festival, and she hoped the City continues that tradition. Councilman Shannon stated the money coming from campaign donations goes into campaign funds, not into the pockets of the candidates. He stated that, on Friday, he looked for people at the festival collecting signatures, and he did not see any in illegal locations. He noticed a few at the Upton House, where they are legally allowed. Regular City Council Meeting Tuesday, August 1, 2017 Page 26 Councilwoman Sierawski stated she has been working on campaigns with her husband for 19 years. She stressed there are laws that have to be followed, and all money received for a campaign has to be annotated and the money spent has to be annotated as well. She pointed out that one mailing to Sterling Heights residents costs $10,000, so the donations coming in to a campaign is not “income” for any candidate. She stated, to put it in perspective, what the council members make each year does not pay for two mailings. She assured there is no conspiracy, and those giving donations are trying to help the candidates. She added that all campaign funds are public record and information on those can be requested. Councilwoman Schmidt stated this was one of the best Sterlingfests they have ever had because the weather was perfect, the crowd was well-behaved, and everyone had a good time. She thanked the volunteers and residents who came together to make this such a success. She stated this brings the community together. Councilwoman Schmidt stated she had a conversation with Mr. Langlois, Director of the Parks & Recreation Department, about the metal slides on the latest playground equipment being installed. She recalled metal slides would get so hot, and they had gone to plastic many years ago. She stated Mr. Langlois had informed her that people with cochlear implants cannot use plastic slides, so that is why they are going with metal slides. Regular City Council Meeting Tuesday, August 1, 2017 Page 27 Councilwoman Koski stated she was first elected to council, she was given a little saying with regard to campaign: “Eat yes, vote no – no brown bags on this City Council”. She reminded the public about the upcoming Treasurer Hunter’s Market will be held at Dodge Park on Saturday, August 12th, 2017 from 8 a.m. to 3 p.m. and encouraged everyone to attend and enjoy the event. Mayor Taylor agreed that Sterlingfest was an incredible event, and he heard a lot of positive feedback. He thanked the residents who volunteered, the residents who attended, and the city employees from every department who pitched in to make this a success. He stated it generates great pride in the community, and he is excited to see how it will look next year with all of the improvements taking place at Dodge Park. Mayor Taylor addressed citizen comments regarding allegations of bribery. He informed that legal campaign contributions are given within legal limits and publicly recorded and available to the public. Donations through a PAC is public information and anyone can see who contributed to that PAC. He stressed that city council members, both here and in other communities, do their job because they enjoy serving the residents, but they do not “get rich”, and they actually spend more time than their compensation covers. He stated he has loaned money to his campaign account, which is quite common, having loaned his account thousands of dollars personally. He stated when contributions come in, he does not take it for himself but puts it back into his campaign so he can educate and inform Regular City Council Meeting Tuesday, August 1, 2017 Page 28 voters. He assured none of that money ends up in the pockets of the candidates. Mayor Pro-Tem Ziarko noted that Sterling Heights is among the top 100 safest cities in the country, and one of the top three in Macomb County. She thanked Councilman Lusk for his help on Saturday evening, when one of the cameras was not working, and Councilman Lusk not only loaned the City his equipment, but he even missed his stage introduction because he was helping backstage. She thanked him for his service. CLOSED SESSION Moved by Taylor, seconded by Ziarko, to go into Closed Session. Yes: Taylor, Ziarko, Koski, Lusk, Schmidt, Shannon, Sierawski. No: None. The motion carried. The meeting was adjourned into Closed Session at 8:22 p.m. and reconvened at 8:42 p.m. Moved by Schmidt, seconded by Sierawski, RESOLVED, to authorize the City Attorney to pursue all available remedies to abate the nuisance conditions and code violations existing at 34766 Van Dyke, Sterling Heights, MI 48312. Yes: All. The motion carried. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried. Regular City Council Meeting Tuesday, August 1, 2017 Page 29 The meeting was adjourned at 8:43 p.m. MELANIE D. RYSKA, City Clerk