City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 5, 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 D. 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: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. APPROVAL OF AGENDA, Moved by Koski, seconded by Taylor, to approve the Agenda as presented. Yes: All. The motion carried. REPORT FROM CITY MANAGER Mr. Vanderpool provided an update on the improvements at Delia Park and the tennis courts. He explained that through the ReCreating Recreation Initiative, they are improving 26 parks throughout the city, and he outlined some of the other projects that will be taking place because of that millage. He showed “before” and “after” pictures of the tennis courts at Delia Park, noting they were cracked and in bad shape prior to the improvements. Through research and Regular City Council Meeting Tuesday, September 5, 2017 Page 2 looking at best practices throughout the country, they discovered a much more durable and longer-lasting surface that can be used on tennis courts. He showed a photograph showing the vast improvement of the newly-completed tennis courts at Delia Park, where the cracks were sealed and the new surface was installed. He advised the painting is long-lasting as well so it will not have to be repainted every few years. New fencing has been put up, and he indicated these tennis courts will soon be ready for use. He added that “Magic Squares” and tennis courts across the city will have this new surface installed as part of the ReCreating Recreation Initiative. Mr. Vanderpool highlighted some of the development projects going on in the City. Through a Power Point presentation, photographs of some new developments in progress were shown. A short video of aerial footage over Sterling Enterprise Park, formerly the Sunnybrook Golf Course, was shown. The showcased building is the second building in that industrial park, and he added that building, along with Mitchel Plastics, are suppliers to FCA. He stated FCA is making a $1.4 billion investment in their Sterling Heights Assembly Plan to begin production of the new 2018 Dodge Ram pick-up truck. Because of that investment, these suppliers are building new locations in Sterling Heights. He advised that Mitchell Plastics will be opening soon, and anticipate being in full production by January. It is a $20 million project, with 120 new employees. He informed that FCA will be hiring 750 employees. They anticipate there will still Regular City Council Meeting Tuesday, September 5, 2017 Page 3 be room for another four buildings in Enterprise Industrial Park once these projects are completed. Mr. Vanderpool discussed details and progress of other ongoing projects in the City, including Shell Gas Station, located at Dequindre and Metropolitan Parkway, will showcase decorative lighting and ample landscaping. He explained the importance of having a nice-looking facility at the “gateway” to the community. He also noted AutoZone, located on Van Dyke, south of Utica Road, which includes the latest landscaping standards approved by City Council. He added it will be one of the nicer AutoZone sites around. He talked about Maple Ryan Plaza, located on the southwest corner of 15 Mile and Ryan Roads, and explained that with jobs, there is a demand for housing in the area, so they continue to need commercial development to support the residential areas. Some of the commercial centers are announcing very high occupancy rates for the first time in many years. Mr. Vanderpool stated that Cadillac Properties, located on the south side of 15 Mile Road between Van Dyke and Mound, has been a vacant building for many years. The owner has expanded the roofline so it can be used for productive manufacturing space, for which there is a high demand in Sterling Heights. He explained it was an unsightly structure, and the owner had to have the roof removed to extend the height by 15 feet. A photograph was shown to reflect what it looks during this construction phase, along with a rendering of what it Regular City Council Meeting Tuesday, September 5, 2017 Page 4 will look like when it is completed. Mr. Vanderpool also noted that Christian Financial Credit Union Headquarters will start to be constructed on the corner of 15 Mile and Van Dyke, along with the Staybridge Hotel, which will be located immediately to the east of the credit union headquarters. Mr. Vanderpool informed that Schoenherr Road, between 15 Mile and Metro Parkway, was originally scheduled to be done this season; however, MDOT informed the City that they cannot bid it out until February and until federal funding has been allocated. Michigan will not receive all 2017 road construction funds until sometime prior to the end of this month. It still has to be approved by Congress and bid out by the Michigan Department of Transportation (MDOT), so the County hopes to have the work going as soon as the weather breaks in late spring. He apologized but emphasized there is nothing they can do at the city level to get it done this construction season. Mr. Vanderpool announced that the City of Sterling Heights will commemorate Patriot Day, which is the anniversary of the September 11th terrorist attacks on America, with a solemn ceremony honoring first responders. He advised that the brief outdoor ceremony will begin at 8:30 a.m. on Monday, September 11th in the courtyard between the Police Department and City Hall. The appearance by the Police and Fire Honor Guards will mark a moment of silence at 8:46 a.m., the moment of the first attack into the north tower of the World Trade Center. Flags at all city facilities will be flown at half-mast throughout the day. He Regular City Council Meeting Tuesday, September 5, 2017 Page 5 stated the public is invited to attend and participate in the event, and he advised that more information is available on their website. Mr. Vanderpool concluded his report by introducing Ms. Tammy Turgeon, Sterling Heights Library Director, to provide an overview of a new program that she and her team have spearheaded. Ms. Tammy Turgeon, Library Director, provided information on two new services being provided by the Sterling Heights Public Library for their residents. She informed the programs are known as “Exercise Your Brain” and “Circulating Wi-Fi Hotspots”. She explained the details of “Exercise Your Brain”, which has a focus on senior residents but is beneficial to all ages. It was developed in partnership with the Sterling Heights Senior Center, and provides brain-training exercises as well as classes to keep residents’ brains in good shape. She noted that this program began in July and will run through June 2018. Ms. Turgeon informed that at a recent Alzheimer’s Association international conference, a study showed that one exercise, called “Speed Training”, cut the long-term risk of dementia nearly in half. She explained that “Brain HQ” is a software program that allows access for brain training on most internet-accessible devices. Each exercise focuses on activities such as attention, brain speed and memory. She advised that the Library purchased this software for the residents to use, and it can be accessed through the Library’s website at www.shpl.net. She showed a short video on “Brain HQ”, Regular City Council Meeting Tuesday, September 5, 2017 Page 6 and informed that the second part of “Exercise Your Brain” program includes programs that will be held at the Library and the Senior Center and are listed in the city magazine and the senior news, with the “Exercise Your Brain” logo. She provided details on the programs being held this month, noting that each program attended with enable the attendee to enter a drawing for a bi- monthly prize, which is a $25 gift card to a local business. Ms. Turgeon thanked the Friends of the Library for sponsoring the prizes. Ms. Turgeon provided details about their second program, “Circulating Wi-Fi Hotspots”. Beginning this Thursday, the library will be offering Wi-Fi hotspots for residents to borrow. She explained this is a service improvement toward the library’s goal of being a technology center for the community. The library currently offers Wi-Fi for those using the computers in the library, and this program will provide wireless internet access for users in their own homes. This will give those who cannot afford internet at home a chance to work on homework, access areas of interest or apply for a job in the comfort of their own home or from an area that does not have internet access. She informed the hotspots will be checked out for seven days and will include the device, a power cord and a carrying case. Each device has its own password and up to ten devices can be connected at one time. She added that it has an unlimited data plan, but the speed will slow down after a defined amount of data is consumed. She stated the devices are not holdable or renewable at this time. Regular City Council Meeting Tuesday, September 5, 2017 Page 7 The program is starting out with ten devices and hope to expand the program next year if usage demands it. Ms. Turgeon explained use of these services require a library card, and she outlined what is needed for a resident to apply for a card, adding that September is Library Card Sign-Up month, and the Friends of the Library have provided support to give out prizes for new library card holders. Mr. Vanderpool stated this concludes his report. PRESENTATION Mayor Taylor stated this is to present a Survival Coin to the eighth recipient of the Survival Coin Program. He introduced Chief Martin to make the presentation. Chief Martin provided a brief background on the incident involving Mr. Bill Beno on May 27, 2017, just after he had picked up his friend, Mr. Matthew Kortes, and was driving on 15 Mile Road. Without warning, he became unconscious and went into cardiac arrest. Mr. Kortes was able to gain control and stop the moving vehicle, and call 911. Chief Martin credited dispatcher Samantha Shovan, who did an excellent job in handling the situation. He commended those on Fire Engine #4, Fire Engine #1 and Universal Ambulance for doing an excellent job in providing life-saving cardiac care. Even though Mr. Beno showed no sign of improvement and remained in cardiac arrest, the team of paramedics continued to work on him. Once he arrived at St. John Regular City Council Meeting Tuesday, September 5, 2017 Page 8 Macomb and his condition was considered “clinically dead”, the first responders left the Emergency Room that day thinking that Mr. Beno had died; however, the live-saving cardiac treatment continued at the hospital and Mr. Beno was miraculously converted from cardiac arrest to a stabilized condition. After several weeks in the hospital with continued cardiac care, Mr. Beno is here this evening to accept this survival coin. Chief Martin introduced Dr. Bonfiglio, head of ER Services at St. John Macomb. Dr. Bonfiglio stated that, while the Chief alluded to the fact that “nothing worked” despite the life-saving cardiac treatment provided on scene and on the way to the hospital, he assured “everything worked perfectly” and their tenacity and persistence led to a great outcome. He commended the Sterling Heights Fire Department, Universal Ambulance and the County dispatchers, because without them doing everything right, the hospital cannot do their job. Chief Martin invited Mr. Beno and his friend, Mr. Kortes, to come up, and Mr. Beno was presented his survival coin from Capt. Dave Brantley. Mr. Beno thanked everyone involved and stated he had no clue this was happening, and it took him almost three weeks before he “snapped out of it”. Mr. Kortes thanked the Fire Department for their speedy response in a rough situation. Mayor Taylor asked for those who took part in this team to help Mr. Beno make this recovery stand up, and he thanked them for their efforts. He stated that Regular City Council Meeting Tuesday, September 5, 2017 Page 9 bad things will happen from time to time, but pointed out the City of Sterling Heights has the best hospitals nearby and a team of dedicated professionals working in Police and Fire Departments, with their leadership and training daily. 1. PUBLIC HEARING Mayor Taylor stated this is a public hearing to consider a request by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Tax Exemption Certificate (IFEC) at 42400 Van Dyke. He introduced Mr. Luke Bonner, Senior Economic Advisor, to give a presentation. Mr. Luke Bonner, Senior Economic Development Advisor, stated this is an IFEC application by Universal Tool Equipment and Controls (UTEC). He provided some background, and stated this acquisition of property has facilitated a corporate headquarters project where they will expand and consolidate their presence in Sterling Heights. They anticipate the hiring of 45 additional people, along with their 40 current employees. He explained UTEC designs and manufactures automation systems, welding systems and tooling to OEM’s Tier 1 suppliers. He informed the total project is $11 million, of which $4.6 million will go toward the construction of a 108,000-square-foot manufacturing headquarters. He stated the proposed term of the tax abatement, per guidelines, is ten years. They anticipate an additional 120 jobs will be spun off as a direct result of the economic investment. He stated, with the average Regular City Council Meeting Tuesday, September 5, 2017 Page 10 annual wages of approximately $70,000, the total positive impact on jobs created will be about $2.8 million. The City will receive annual tax revenue in the amount of $18,822, with the total property taxes over ten years totaling approximately $188,200. Mr. Bonner introduced Mr. David Leo, UTEC’s Chief Financial Officer (CFO). Mr. Dave Leo appreciated the Council hearing their request. He stated UTEC has grown from about $10 million in 2013 to nearly $30 million this year. They hope to grow to $55 million in 2018, and anticipate growing to $65 million or better. In 2013, they had about 20 employees, they have grown to between 70 and 77 employees now, and anticipate they will be at 91 employees by the end of the year. They anticipate continuing to grow .to the 45 new positions mentioned in 2019, and this expansion will allow them to continue to grow in the Sterling Heights area. They appreciated the opportunity and support that the City is giving their company, and he assured they are ready to support the community. Mayor Taylor opened the public hearing and invited comments from the audience. Mr. Joe Judnick – congratulated Universal Tool; opposed to tax abatements, concerned about schools are losing out. Mr. Thomas Neil – opposed to tax abatements. Mr. Charles Jefferson – concerned about diversity of new employees. Regular City Council Meeting Tuesday, September 5, 2017 Page 11 Mayor Taylor closed the public hearing. Moved by Schmidt, seconded by Taylor, RESOLVED, to adopt the resolution approving the application by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Tax Exemption Certificate at 42409 Van Dyke for a period of 10 years in accordance with the guidelines established by City Council and the Mayor and City Clerk are hereby authorized to sign, as applicable, all documents required in conjunction with this approval. Councilwoman Schmidt inquired as to the applicant’s plan to recruit employees for these jobs. Mr. Leo replied they have open recruiting where anyone who is qualified and capable, and is willing to present themselves can apply for the positions. He added that he hires people from a number of diverse backgrounds. He stated this is a woman-owned business, owned by Ms. Stephanie Bartelona. Councilwoman Schmidt thanked Mr. Leo for investing in Sterling Heights, and she wished him luck with this expansion. Councilwoman Koski addressed a comment made from a resident claiming that the school district will lose out on $400,000. She understood that schools will not be affected by these tax abatements, and that this money will be given to the schools through the state. She asked for clarification on this. Mr. Bonner explained that out of the local school tax, which is about 18 mils, only about 7 mils gets abated through the tax abatement process, so over a 10- Regular City Council Meeting Tuesday, September 5, 2017 Page 12 year term for the schools is about $635,000 of new revenue to the schools. As far as tax abatements and taxing refinancing districts, the School Aid Fund, on an annual basis, is given a report on how many abatements and which school districts are affected. The School Aid Fund then cuts a check for any shortfall that occurs. Councilman Lusk inquired as to how many competitive cities offer these tax abatements. Mr. Vanderpool responded he is not aware of any that do not offer them. He added the City of Troy may be one that does not offer manufacturing tax abatements; however, they have very little in the way of manufacturing, so it is not a valuable incentive for them. He estimated about 90% of communities offer this incentive and it has paid very large dividends for the City of Sterling Heights. He added that can be seen in the City having one of the lowest tax rates of any city in the state, and the lowest of a full-service city in Macomb County. It is beneficial for homeowners because of the strong manufacturing tax base, and he did not believe this would be possible without these pro- business incentives. Councilman Lusk has seen situations where businesses will leave a community and move to a city where they can receive an abatement. He recalled an earlier comment about helping small businesses, and he stated if there was a way to do that, he would be in favor of that as well. Regular City Council Meeting Tuesday, September 5, 2017 Page 13 Yes: All. The motion carried. RESOLUTION A resolution of the Sterling Heights City Council approving the application by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Exemption Certificate for a New Facility. Minutes of the regular meeting of the City Council of Sterling Heights, Michigan, held on the 5th day of September, 2017, at the City Hall, 40555 Utica Road, in Sterling Heights, Michigan, at 7:00 p.m.: PRESENT: ABSENT: The following preamble and resolution were offered by: ___________ and supported by: _____________________. WHEREAS, pursuant to P.A. 198 of 1974, M.C.L. 207.551 et seq., after a duly noticed public hearing held on May 3, 2017, the City Council established by resolution an Industrial Development District (IDD); and, WHEREAS, Universal Tool Equipment and Controls, Inc. (Applicant) has filed an application for an Industrial Facilities Exemption Certificate with respect to a new facility to be installed within the IDD; and, WHEREAS, before acting on said application, the City Council of Sterling Heights held a public hearing on September 5, 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; and, WHEREAS, construction of the new facility had not begun earlier than six (6) months before July 13, 2017, being the date of acceptance of the application for the Industrial Facilities Exemption Certificate; and, WHEREAS, completion of the new facility is calculated to and will at the time of issuance of the certificate have the reasonable likelihood to retain, create or prevent the loss of employment in the City of Sterling Heights; and, WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Sterling Heights, after granting this certificate, will not exceed 5% of an amount equal to the sum of the Regular City Council Meeting Tuesday, September 5, 2017 Page 14 SEV of the unit, plus the SEV of personal and real property thus exempted. NOW, THEREFORE, BE IT RESOLVED that: 1. The City Council finds and determines that the granting of the Industrial Facilities Exemption Certificate considered together with the aggregate amount of certificates previously granted and currently in force under Act No. 198 of the Public Acts of 1974, shall not have the effect of substantially impeding the operation of the city of Sterling Heights, or impairing the financial soundness of a taxing unit which levies ad valorem property taxes in the city of Sterling Heights. 2. The application by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Exemption Certificate is hereby approved with respect to a New Facility on the following described parcel of real property situated within the Industrial Development District, to wit: LEGAL DESCRIPTION T2N, R12E, SEC 9; COMM AT E ¼ POST SEC 9; TH N01*57'00’’W 1278.34 FT; TH S87*52'43"W 60.00 FT TO POB; TH S01*57'00’’E 387.19 FT; TH S87*53’19’’W 639.42 FT; TH N02*01’’07’’W 171.10 FT; TH N87*53’21’’E 59.46 FT; TH N02*01’07’’W 215.99 FT; TH N87*52’43’’E 580.42 FT TO POB 5.39 AC 3. The Industrial Facilities Exemption Certificate when issued shall be and remain in force for a period of 10 years after completion. AYES: NAYS: 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 5th day of September, 2017. ____________________________ Melanie D. Ryska, City Clerk Regular City Council Meeting Tuesday, September 5, 2017 Page 15 2. Mayor Taylor stated the second public hearing this evening is to consider a request by Curtis Metal Finishing Company to establish an Industrial Development District (IDD) at 6611 Sims Road, and he invited Mr. Bonner to give a presentation. Mr. Bonner stated that Curtis Metal Finishing Company, as represented tonight by Mr. Jeff Myles, has conducted manufacturing operations in Sterling Heights since 1978. They provide corrosion-resistant coatings for metal products used by a variety of industries, including automotive, aerospace, defense, agriculture, and they specialize in fastener finishes and engineered coatings. He informed that Curtis plans on occupying a new 32,400-square-foot building to be built on a newly-created parcel. Curtis will sell the new parcel they split off to Quadrate Development and after construction, will lease the building for the purpose of expanding its operations. They anticipate the real property investment will be $1.7 million, and will generate three new jobs within two years. He invited Mr. Myles to talk about Curtis. Mr. Jeff Myles, Curtis Metal Finishing Company, stated they have been in Sterling Heights for 39 years, starting on Sims Drive with a small facility and a few employees. They now have approximately 90 hourly employees and about 35 salaried employees at this location. Mr. Myles stated they are a very capital- intensive business, and will be bringing in a paint line that will be an investment of about $1.5 million that will create three to five jobs in the first Regular City Council Meeting Tuesday, September 5, 2017 Page 16 couple of years. They hope to add another paint line in the future, noting they can accommodate about four paint lines at this facility. The total will be a $3.5 million investment. He appreciated the Council’s consideration of this request. Mayor Taylor opened the public hearing, and invited comments from the audience. Mr. Joe Judnick – will be opposed to any future tax abatement. Mr. Charles Jefferson – questioned if owner will offer incentives for employees to move to Sterling Heights. Mr. Thomas Neil –concerned about automation putting people out of work; concerned about pollution in the air from a paint line. Moved by Ziarko, seconded by Sierawski, RESOLVED, to adopt the resolution approving the application by Curtis Metal Finishing Company to establish an Industrial Development District at 6611 Sims Road, Lot 14. 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 5th Day of September 2017, at the City Hall, 40555 Utica Road, in Sterling Heights, Michigan, at 7:00 p.m.: PRESENT: ABSENT: The following preamble and resolution were offered by: ____________ and supported by: _____________________. Resolution Establishing an Industrial Development District for Curtis Metal Finishing Company (Applicant). Regular City Council Meeting Tuesday, September 5, 2017 Page 17 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 WHEREAS, on September 5th, 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: Lot 14, Mound Grove Gardens according to the plat thereof recorded in Liber 19 of Plats, Page 48, Macomb County Records a/k/a 6611 Sims Road PIN 10-16-176-017-000 is established as an Industrial Development District pursuant to the provisions of PA 198 of 1974, as amended. Regular City Council Meeting Tuesday, September 5, 2017 Page 18 AYES: NAYS: 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 5th day of September 2017. ________________________ Melanie D. Ryska, City Clerk 3. ORDINANCE INTRODUCTION Mayor Taylor stated this item is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property at the northwest corner of 18 ½ Mile Road and Merritt Road, in Section 9 from M-1 (Light Industrial District) to C-3 (General Business District). He introduced Mr. Chris McLeod, City Planner, to give a presentation. Mr. Chris McLeod, City Planner, explained this is the potential introduction of the Conditional Rezoning agreement which would allow for the development of nearly 110,000-square-foot indoor storage facility by Northpointe Development, doing business as Beyond Self Storage. The site is located at the northwest corner of 18 ½ Mile and Merrill Roads. It is a somewhat u-shaped property in the center of the industrial district. He showed the renderings of the industrial-type three-story building, constructed mainly of brick with metal accents and some glass. The entrance will be from Merrill Road, where they will have a living green wall, and the office space is about 1,200 square feet. There will be one employee at all times, and a second employee at times as they have Regular City Council Meeting Tuesday, September 5, 2017 Page 19 a roaming manager system. The site is being developed according to the City’s specifications, and they are providing a significant amount of landscaping. Parking is provided at one space for every 200 square feet. They are providing an indoor drop-off and pick-up area for storage items, and he explained how that works. This type of use does not generate a significant volume of traffic relative to other uses that could be on that site. Their regular office hours are from 9 a.m. to 6 p.m. on Mondays through Fridays, from 9 a.m. to 5 p.m. on Saturdays, and 10 a.m. to 4 p.m. on Sundays. Those persons having a storage unit will only be able to access the building via passcode from 6 a.m. to 10 p.m., and there will be a significant surveillance system throughout the entire property. Mr. McLeod outlined the several variances being requested as part of the Conditional Rezoning, including the number of stories, front yard setback, small encroachment of parking lot into the required front yard setback to allow for wider turning radius, twelve spots for outdoor storage of boats and RV’s, and total amount of acreage for a development of this type. Mr. McLeod noted that eight of the outdoor spaces are proposed to be located behind the building, and he pointed out that if this property remained zoned industrial, outdoor storage would be permitted. He noted that if this property would revert to an industrial use, the building is of a design that would fit into an industrial district, and the site could easily be adapted for that use. He pointed Regular City Council Meeting Tuesday, September 5, 2017 Page 20 out this will not generate a lot of traffic, and the Planning Commission recommended approval of this proposal by a 7-0 vote. Mayor Taylor invited comments from the audience. Mr. Joe Judnick – in favor of this request; no residential in the area; questioned whether it will be fenced in and number of units. Dr. Steve Naumovski – questioned whether the building will be climate- controlled. Moved by Shannon, seconded by Ziarko, RESOLVED, to introduce the map amendment to conditionally rezone property at the northwest corner of 18 ½ Mile Road and Merrill Road, in Section 9 of the City, from M-1 (Light Industrial District) to C-3 (General Business District), Case No. PZ17-0006, and direct Applicant to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the September 19, 2017 regular meeting. Councilman Shannon agreed with Mr. Judnick and could see no issues. He inquired as to the number of units proposed. Mr. McLeod replied the current plan shows about 750 individual units, but the applicant has indicated that, based on market demand, that number may fluctuate slightly up or down. He replied to further inquiry that it is fully climate-controlled. Regular City Council Meeting Tuesday, September 5, 2017 Page 21 Councilman Shannon inquired as to what the customers will be unloading in the loading/unloading area. Mr. McLeod replied that, according to their business model, those with storage units at this location would drive into the building via a roll-up door, unload, wheel or take items to their storage unit, and continue to exit on the back (west) side of the building. The loading/unloading is done in a climate- controlled environment. There are several exterior parking spots for those coming to the office. Mr. David Hunter, of Professional Engineering Associates, representing the petitioner, stated he is here to answer questions along with the architect, Mr. Todd Mohagen, of Mohagen Hansen. Mr. Hunter stated they are excited and ready to come in for their building permit this week. Mr. McLeod replied to inquiry that there are three indoor parking spaces. He explained that the ordinance requires one parking space for every 200 square feet of office area, and their office area is 1,200 square feet. They are technically required to have six spaces and they provide that on the exterior of the unit. The three spaces provided inside the building are above and beyond what the ordinance requires. Councilwoman Schmidt had no objection but was concerned that three spaces may not be enough. She liked the concept of being able to load and unload while staying out of the weather. Regular City Council Meeting Tuesday, September 5, 2017 Page 22 Mr. Hunter assured this is the way their operations have set it up, and it works well for them. Councilwoman Schmidt inquired as to how they will enforce the number of outdoor storage spaces, making sure there are no more than twelve spaces. Mr. McLeod stated it would be part of the Conditional Rezoning agreement and the site plan approval. He advised that Code Enforcement can take action if they are not compliant. Councilwoman Schmidt referred to an earlier comment by Mr. McLeod that if this property were to revert to an industrial use, the building would be suitable for that purpose. She inquired as to whether they would have to come before the Planning Commission and/or City Council for that to occur. Mr. McLeod replied that, as part of a Conditional Zoning agreement, going to a C-3 use is being limited specifically to the indoor storage use along with the twelve outdoor spaces. Any further industrial use would come back before City Council, and possibly go through the entire public hearing process. If this use stops, it would revert to the previous underlying zoning, which would be M-1, and if someone came in with that use within the existing building, they could go through the building permit process and it could be handled administratively. Regular City Council Meeting Tuesday, September 5, 2017 Page 23 Councilwoman Koski assumed anyone interested in leasing a space would set up an appointment to do so, and there would be only one or two in the office at a time. She questioned how they control having everyone come in at once. Mr. Hunter responded that his client finds even at the busiest times, they have an average of 4 ½ people at the facility at one time. Many of the users stay for a long period of time and there are not as many visitors after the initial lease arrangements are made. Mayor Taylor inquired as to whether the owners have multiple facilities like this. Mr. Hunter replied affirmatively, adding they have four planned in Detroit and one in Rochester. Mr. Mohagen stated they have two facilities in Minneapolis and two in St. Louis. Mayor Taylor commented that it looks like a great project. Yes: All. The motion carried. 4. Mayor Taylor stated the next item is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property along the north side of 17 Mile Road, west of Mound Road, in Section 17, from R-60 (One-Family Residential District) to RM-1 (Multiple-Family Low Rise District), and he invited Mr. McLeod to give a presentation. Mr. McLeod explained this is a potential rezoning of property north of 17 Mile, west of Mound, from R-60 (One-Family Residential) to RM-1 (Multiple-Family Regular City Council Meeting Tuesday, September 5, 2017 Page 24 Low Rise). The petitioner has accumulated several properties and combined them into one piece, and they hope to develop fifty-four residential town homes as well as four additional single-family units on approximately eight acres of property. The City’s Master Land Use Plan designates most of this property as Innovation Support, with the western edge designated as single- family residential. Mr. McLeod described the zoning districts and developments surrounding the subject property. He explained the units will be mainly of brick, with cedar shakes and siding, with a multitude of colors used to vary the units. Units will range from 1,500 to 2,000 square feet depending upon the unit type and layout. Outdoor living spaces measuring 10 feet by 13 feet will be included behind each unit, and the four single-family homes proposed will look like what is located on Ajanta Court. Each unit will have two parking spaces in their garage, along with two exterior spaces in their driveways. He indicated there will also be approximately thirty guest parking spaces throughout the development. They are proposing extensive landscaping, with evergreens around the perimeter, along with some deciduous trees and shrubbery, and he showed the plan with additional landscaping around the units. Mr. McLeod explained at the Planning Commission meeting, the developer slightly changed the landscaping at the southeast corner of the site and along the westerly property line to the north. There will be walking trails throughout the development, with an extensive Regular City Council Meeting Tuesday, September 5, 2017 Page 25 water feature in the central section. There are also playgrounds and a gazebo structure. Mr. McLeod outlined the several variances being requested as part of the Conditional Rezoning, including the setback between units of 25 feet rather than the typical 30 feet, setback from the perimeters, parking and maneuvering lanes within the setback, four detached homes within the RM-1 District, and the major screening requirement between a multiple-family development and a single-family residential district. Mr. McLeod explained the variances in detail and the petitioner’s plans to mitigate the effects of these variances. He stated the applicant has worked on the planning for this site for over a year, evolving it from a more intense use with less landscaping to provide a less intense use overall. The Planning Commission voted 7-0 to recommend approval of this proposal. Mr. Phil Ruggeri, representative, stated Mr. McLeod did a thorough job of explaining the proposal. He stated this is a unique piece of land and they feel this is an excellent buffer between the R-60 zoning to the west and north, and the C-3 zoning on the other side, providing for a natural transition for the single-family homes and the commercial area. He pointed out wherever this development abuts residential uses, they have provided individual detached housing. There are a lot of natural features, and instead of having a wall surrounding the development, they are proposing natural landscaping around the entire perimeter. He noted there were only two residents who expressed Regular City Council Meeting Tuesday, September 5, 2017 Page 26 concern about the development, and they have agreed to provide extensive landscaping to surround the property of the abutting resident at the southeast corner of the proposed development. Mr. Ruggeri explained they have agreed to put in a decorative wall as far as possible behind the home of the second resident who expressed concern. He commended the architect for the great job in laying this out, and they feel the project is extraordinary. The project will be known as Stone Hill Condominiums, and he explained the attractive entrance with wrought iron fencing with brick accents, decorative lampposts, a pergola, a pond area with a fountain, a pedestrian bridge traversing over the pond and bollard lights surrounding various areas to keep it lit and walking trails throughout. He felt this is an excellent project, and added he is impressed with the petitioner’s concessions. He indicated they spent a lot of time with the City’s Planning Department to make sure they are presenting the best project possible. Mayor Taylor opened the floor for comments from the audience. Dr. Steve Naumovski – questioned whether petitioner will be paving Nathan Road. Ms. Sue Kattula – pleased that this will bring in more students and funding to Utica Community Schools. Mr. Thomas Neil – claimed that the City needs more affordable housing for diversity and housing for immigrants. Regular City Council Meeting Tuesday, September 5, 2017 Page 27 Moved by Lusk, seconded by Schmidt, RESOLVED, to introduce the map amendment to conditionally rezone property on the north side of 17 Mile Road, west of Mound Road, in Section 17 of the City, from R-60 (One-Family Residential District) to RM-1 (Multiple-Family Low Rise District), Case No. PZ17- 0007, and direct Applicant to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the September 19, 2017 regular meeting. Councilman Lusk stated this is a great piece of land that could have been industrial but will now be residential. He thanked the petitioner for investment in this community. Councilwoman Schmidt stated it looks like it will be a beautiful development. Mayor Pro-Tem Ziarko questioned whether Public Safety signed off on the variance for the longer length of streets. She appreciated the petitioner’s effort to resolve issues by meeting and working with the abutting property owners to alleviate their concerns. Mr. Ruggeri addressed the earlier question as to whether the Nathan Drive will be paved as part of this project. He clarified that Nathan Road has nothing to do with this project. The two homes are independent of the proposed development; therefore, the developer has nothing to do with that road. He explained if the residents of Nathan Road want their road paved, it will have to be through an Assessment District, where the people living on that road would Regular City Council Meeting Tuesday, September 5, 2017 Page 28 have to be assessed for the improvements. He clarified the only ingress/egress to this project is off 17 Mile Road. They will not be interfacing with anyone on Nathan or Ajanta. He stated this is a private development, self-contained, and they are responsible for all improvements to that site. Mr. McLeod replied to inquiry that Public Safety has not yet reviewed the plan. If this rezoning is approved, it will be reviewed during the site plan review. The applicant has provided a turn-around area at the north end of the site so emergency vehicles can turn around. Mr. McLeod noted that, other than the one extension, the remainder of the development is designed in loops so there is access in multiple directions around the site. He confirmed Mr. Ruggeri’s comment that the two parcels along Nathan were excluded from this plan, and the two southern units along Ajanta were excluded, although they were all shown on the colored rendering of the plan. Mayor Pro-Tem Ziarko stated this is a creative use of an irregular-shaped lot, and she appreciated the time the developer and his representative put into it. She felt it will work, and wished them luck. Councilwoman Koski inquired as to how many bedrooms each unit will have, and she further inquired as to the price range for the units. Mr. Ruggeri replied that the smaller units are anticipated to range between $239,900 and $270,000, and the larger units will range from $270,000 to $300,000. He indicated the homes on Ajanta will likely go for $400,000. He Regular City Council Meeting Tuesday, September 5, 2017 Page 29 replied to further inquiry that the houses will have three master bedrooms, and the condominium units will have three bedrooms each. He added that each one will have its own characteristic. They will all have two-car garages and basements, and will be constructed of brick and siding. He pointed out that, although these are four-unit buildings, each unit will look like a separate unit because of the design and color. Councilwoman Koski inquired as to the location of the pond and the bridge. Mr. Ruggeri replied the pond will be a visible feature upon entering the site from 17 Mile Road. The bridge is a pedestrian bridge and will connect all the walking trails throughout the complex. There will be a playscape for children in the northern part of the development. Councilwoman Koski commended the developer on an excellent development. Councilman Shannon addressed the citizen’s comment about fair housing, and directed him to look at Item #5-C on tonight’s Consent Agenda. Councilwoman Sierawski inquired as to whether they plan on installing acceleration/deceleration lanes on 17 Mile Road. Mr. McLeod replied to inquiry that they are not proposing the addition of acceleration/deceleration lanes now. Councilwoman Sierawski stated she knows the person who originally complained about the complex because she lives next door, but she is Regular City Council Meeting Tuesday, September 5, 2017 Page 30 comfortable with the project and what they have agreed to do. Councilwoman Sierawski commended the developer on a beautiful complex. Mayor Taylor commented that this will be a beautiful development. He thanked the developers for the work they did to make sure the concerns of the adjoining property owners were addressed. He added it is great to continue to have this developer continue to develop in this community. Yes: All. The motion carried. 5. CONSENT AGENDA Mayor Taylor opened the floor for comments from the audience. Mr. Charles Jefferson – addressed Item 5-D; questioned what will happen to the playground equipment paid for over the years with CDBG dollars as it gets replaced with the money from ReCreating Recreation. Mr. Michael Radtke – addressed Item 5-F; in full support of this Resolution. Mr. Thomas Neil – addressed Item 5-C and 5-F; questioned why there are ordinances if the City cannot regulate them. Mr. Joe Judnick – addressed Item 5-H; questioned whether Mound is going to be done in two-mile increments; inquired as to whether the $312,439 is for both northbound and southbound; in favor of getting the entire stretch done; addressed Item 5-F; does not care either way. Regular City Council Meeting Tuesday, September 5, 2017 Page 31 Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of August 15, 2017 as presented. B. To approve payment of the bills as presented: General Fund - $1,111,316.26, Water & Sewer Fund - $1,929,230.25, Other Funds - $2,184,397.57, Total Checks - $5,224,944.08. C. RESOLVED, to approve the commitment of the City of Sterling Heights' allocation of 2016 Federal HOME program funding to Housing Rehabilitation Activities in the amount of $183,410 and Community Housing Development Organization (CHDO) Operating Activities in the amount of $30,000 and authorize the City Manager to sign all documents required in conjunction with this approval. D. RESOLVED, to approve the City of Sterling Heights' Citizen Participation Plan, as amended. E. RESOLVED, to adopt the resolution of intent to participate in and become certified as a Redevelopment Ready Community by the Michigan Economic Development Corporation. RESOLUTION A resolution of the Sterling Heights City Council to participate in and become certified as a Redevelopment Ready Community by the Michigan Economic Development Corporation. Regular City Council Meeting Tuesday, September 5, 2017 Page 32 This Resolution was made and adopted at a meeting of the City Council of the City of Sterling Heights, Macomb County, Michigan held at the City Center on the 5th, day of September, 2017. Members Present: Members Absent: The following preamble and resolution was offered by Member ____________ and supported by Member _____________. WHEREAS, the Michigan Economic Development Corporation administers the Redevelopment Ready Communities (RRC) Program as a state-wide certification program to support efforts by Michigan municipalities to become development ready and competitive in today’s economy. WHEREAS, the RRC Program encourages communities to adopt innovative redevelopment strategies and efficient processes to build foster strong, productive relationships with businesses and developers. WHEREAS, municipalities engaged in the RRC Program commit to improving their redevelopment readiness by undergoing a rigorous assessment and implementing best practices, including: • Community Plans and Public Outreach • Zoning Regulations • Development Review Process • Recruitment and Education • Redevelopment Ready Sites® • Community Prosperity WHEREAS, through RRC best practices, RRC Program participants build deliberate, fair and consistent development processes from the inside out and foster a business-friendly culture that is ripe for investment opportunities. WHEREAS, the MEDC provides technical support and guidance to RRC Program participants, including evaluation support, input from experts in the economic development field, training opportunities, and marketing assistance for select prime sites. Importantly, bbeginning in October 2017, RRC engagement will be a criterion used to assess and prioritize Community Development investments from MEDC. Regular City Council Meeting Tuesday, September 5, 2017 Page 33 WHEREAS, the City has a strong reputation as a business-friendly municipality that can only be further enhanced by becoming certified through the RRC Program. WHEREAS, the City believes that the Redevelopment Ready Communities process is consistent with the City’s Visioning 2030 plan; and, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the city of Sterling Heights, County of Macomb and State of Michigan agrees to participate in and become certified as a Redevelopment Ready Community by the Michigan Economic Development Corporation. THIS RESOLUTION WAS UNANIMOUSLY ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 5, 2017. CERTIFICATION I, Melanie D. Ryska certify that the above resolution is a true copy of the Resolution made and adopted by the City Council of the City of Sterling Heights at its regular meeting held on September 5, 2017. _________________________ Melanie D. Ryska, City Clerk F. RESOLVED, to adopt the resolution requesting the enactment of House Bill 4244 of 2017 to effectuate the repeal of the Michigan Fireworks Safety Act of 2011 and restore peace and tranquility in residential neighborhoods. RESOLUTION This Resolution was made and adopted at a meeting of the City Council of the City of Sterling Heights, Macomb County, Michigan held at the City Center on the 5th day of September, 2017. Members Present: Members Absent: Regular City Council Meeting Tuesday, September 5, 2017 Page 34 The following preamble and resolution was offered by Member __________ and supported by Member __________. 1. The Act authorizes the retail sale of “consumer fireworks” and prohibits municipalities from regulating such sales. 2. The Act authorizes the use of “consumer fireworks” for a minimum of 30 days per year, and with the exception of specific overnight hours, prohibits municipalities from regulating such use during those 30 days. 3. The Act has had a profound negative impact on the quality of life for many residents of the City of Sterling Heights, whose neighborhoods have again this year endured additional fireworks-related noise, litter, and disturbance of the peace. This intrusion occurs well beyond the 30 days authorized by the Fireworks Safety Act. 4. The Act wholly failed to consider its impact on local police, fire, and community relations resources, each of which was impacted substantially by the volumes of calls and complaints relating to the sales and use of consumer fireworks. 5. The extra work associated with addressing the complaints and calls, as well as the extra work associated with preparing and adopting an ordinance to address the many extraneous fireworks-related issues that municipalities are still permitted to regulate, cost the taxpayers significant sums and amounted to an unfunded mandate for which no reimbursement has been forthcoming from the State. The cumulative statewide cost that the State of Michigan has imposed on its municipalities far exceeds any incremental revenues generated from the sales of consumer fireworks. 6. In addition to creating extra work for police, fire, planning, code enforcement, and legal officials of the City, the process established for allowing retail sales also created extensive confusion relating to registration and licensing, local and state inspections, and monitoring of temporary locations for full compliance with the Act’s sales and financial requirements. 7. In its current form, the Act encourages less reputable vendors to take advantage of the confusion by establishing temporary sales locations without obtaining a State certificate to do so. Regular City Council Meeting Tuesday, September 5, 2017 Page 35 8. The Act also encourages less reputable vendors to engage in unlawful sales practices because no system is in place to monitor or inspect each vendor’s operations. 9. The Act also encourages fraud, because no system is in place to monitor or inspect each vendor’s sales and each vendor’s collection and remittance of the mandatory sales taxes and safety fund fees. 10. The erosion of local control and home rule authority inflicted by the Act has tied the hands of City officials, caused harm to City residents, and preempted any reasonable regulations that could protect neighborhoods, minimize blight, and ensure the public’s health, safety, and welfare. 11. Beyond question, the Act has diminished the quality of life in the City of Sterling Heights and most of the communities in the State of Michigan by trading off the health, safety, and welfare of residents for the benefit of business who profit from the sale of consumer fireworks. The Fireworks Safety Act remains an ill-conceived and an indefensible piece of legislation that needs to be repealed. 12. House Bill 4244 of 2017 would, if enacted by the Michigan Legislature and the Governor, repeal the Fireworks Safety Act and ban the sale and use of consumer fireworks, with the exception of fireworks displays that are authorized as part of a permitting process by each individual municipality as a function of local control. NOW, THEREFORE, BE IT RESOLVED THAT: A. The City of Sterling Heights hereby requests that the Michigan Legislature and the Governor enact House Bill 4244 of 2017 to effectuate the repeal of the Michigan Fireworks Safety Act. B. The City Council directs the City Clerk to forward this Resolution to the Governor of the State of Michigan and to the City’s representatives in the Michigan House and Senate. CERTIFICATION Regular City Council Meeting Tuesday, September 5, 2017 Page 36 I, Melanie D. Ryska, certify that the above resolution is a true copy of the Resolution made and adopted by the City Council of the City of Sterling Heights at its regular meeting held on the 5th day of September, 2017. ________________________ Melanie D. Ryska, City Clerk G. RESOLVED, to set a public hearing on Tuesday, October 3, 2017 at 7:00 p.m. regarding the application by Curtis Metal Finishing Company for an Industrial Facilities Tax Exemption Certificate at 6611 Sims Drive, Lot 14. H. RESOLVED, to approve the Cost Sharing Agreement for southbound Mound Road Concrete Pavement Repairs, from 18 Mile Road to M-59, subject to approval by the Macomb County Department of Roads, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the city of Sterling Heights. Yes: All. The motion carried. 6. CONSIDERATION Mayor Taylor stated the next item is to consider approval of a collective bargaining agreement between the City of Sterling Heights and Sterling Heights Police Officers Association/Michigan Association of Police for the period of July 1, 2017 to June 30, 2021. He stated Mr. Vanderpool will give a presentation. Mr. Vanderpool explained that, in anticipation of the expiration date of this contract, negotiations have ensued between the City and the Police Officers Association (POA). They have a new tentative agreement being submitted to Regular City Council Meeting Tuesday, September 5, 2017 Page 37 City Council for approval. The term runs from July 1, 2017 to June 30, 2021. He reviewed the highlights of the agreement, including the following: wage increases of 2.5% annually during each year of the agreement; a base health care plan (Blue Cross/Blue Shield of Michigan Simply Blue high deductible plan) with prescription drug benefit plan included; annual health savings account contributions by the City of $2,400 for two persons or family, and $1,200 for a single person, with members contributing the remaining $1,600 up to the deductible amount, which is $4,000, as well as any premium amounts over the state-established hard cap; the described health plan will be the one carried into retirement for anyone retiring under this contract, which will help lower long-term health care obligation costs for retirees. Mr. Vanderpool explained that the new collective bargaining agreement provides an increased level of pension and retiree medical benefits only to officers who become permanently disabled as consequence of an on-duty injury they receive a duty disability pension. The City’s contribution to the health savings plan accounts for officers hired after July 1, 2013 who are not eligible for retiree health care coverage is increased from $1,500 to $2,500 annually. He summarized some of the other details of the contract, and he advised that this contract is included in the electronic packet for anyone in the audience wishing to view the details. It is also in hard copy for viewing in the Library and Clerk’s Office. Mr. Vanderpool acknowledged the good faith exhibited by the Sterling Heights Police Officers Regular City Council Meeting Tuesday, September 5, 2017 Page 38 Association throughout the bargaining negotiations, and he offered special thanks to the Human Resource Manager Kate Baldwin, and Assistant City Manager Jeff Bahorski for their efforts in negotiations. Mayor Taylor opened the floor for comments from the audience. Dr. Steve Naumovski – questioned if they could have insurance with no deductible; questioned whether the contract will be open for better insurance coverage if it becomes available. Moved by Sierawski, seconded by Ziarko, RESOLVED, to approve the collective bargaining agreement between the City of Sterling Heights and Sterling Heights Police Officers Association/Michigan Association of Police for the period of July 1, 2017 to June 30, 2021 and authorize the Mayor and City Clerk to sign all documents in conjunction with this approval. Councilwoman Sierawski stated she has worked with the County on collective bargaining agreements, and she commented this is a good agreement. She noted this is what other City employees have, and she pointed out it will help the City keep costs down and yet provide officers with good benefits for at least the next four years. She stated she is in favor of the contract as proposed. Yes: All. The motion carried. 7. Mayor Taylor stated this is to consider confirmation of the City Manager’s appointment of a new Police Chief for the Sterling Heights Police Department. He invited City Manager Mark Vanderpool to give a presentation. Regular City Council Meeting Tuesday, September 5, 2017 Page 39 Mr. Vanderpool stated the office of Police Chief is currently vacant. In accordance with the collective bargaining agreement between the City and the Sterling Heights Command Officers Association, the City Manager has the right to appoint from the top three candidates on the promotional list that was derived from assessment conducted by Empco, Inc., which is an independent testing services company for public safety and municipal government agencies. He advised that Empco scored Captain Dale Dwojakowski number one based on his performance on the interview, oral presentation, role-playing and in-basket exercises. Mr. Vanderpool reviewed some of Captain Dwojakowski’s accomplishments, some of which include: DARE officer; implementation of security for the annual Sterlingfest Arts and Music Fair; implementation of a paperless ticket process; developed and implemented the in-house command officers’ training program; presenter of 2030 Visioning strategic plan; and recipient of six letters of commendation, sixty-five citizen recognition letters, and twenty perfect attendance awards. Mr. Vanderpool reviewed Mr. Dwojakowski’s credentials, and added that in the last sixty days, he has served as the Interim Police Chief. Mr. Vanderpool requested the Council’s confirmation of this appointment. Mayor Taylor opened the floor to comments from the audience. Mr. Joe Judnick – not in favor of this appointment. Regular City Council Meeting Tuesday, September 5, 2017 Page 40 Mr. Harry Marchlones – current police officers back this candidate, and he has credentials to be Chief; welcomed him to the new position. Ms. Sue Kattula – endorsed this candidate, having worked with him for many years when he was involved in DARE; commented he is very diversified and has worked with refugee families. Mr. Gino Hliebay – stated he is retired police Captain from Sterling Heights; participated in hiring Capt. Dwojakowski 21 years ago and considered him top-notch, problem-solver, articulate, positive attitude, devoted family man; in full support of this appointment. Dr. Steve Naumovski – pleased Capt. Dwojakowski has been part of making Sterling Heights the safest community in Michigan; thanked Mr. Vanderpool in choosing this candidate. Mr. Geoff Gariepy – member of CERT (Community Emergency Response Team) and has worked with Capt. Dwojakowski in that capacity; felt he is excellent choice and brings enthusiasm to the job; he fully supports this choice. Mr. Joe Romano – claimed Capt. Dwojakowski told him the Chief position is not a job, but a goal; he felt Mr. Vanderpool could not have chosen a better man, adding he is the best qualified. Moved by Shannon, seconded by Koski, RESOLVED, to confirm the City Manager’s appointment of Dale Dwojakowski as Police Chief effective Regular City Council Meeting Tuesday, September 5, 2017 Page 41 September 6, 2017 in accordance with the Charter of the City of Sterling Heights. Councilman Shannon stated he does not sit in on the interviews, but he relies on administration. He commented that Capt. Dwojakowski is highly qualified, and he has been very impressed with his work as Interim Chief. He spoke with several police officers and they have full confidence that Capt. Dwojakowski will be able to lead them and bring stability to a department that has seen three-quarters of its staff retire recently, and he is in support of the motion. Councilwoman Koski congratulated Capt. Dwojakowski. She is impressed with his resume and felt he will be the perfect leader for the Police Department. She relayed an experience she had years ago while hosting an event for women from across the country, and Capt. Dwokajowski agreed to provide a self- defense class for them. She was confident he will do great things for the City. Councilwoman Sierawski stated her son is in military law enforcement so she has an affinity for police officers. The officers to whom she has spoken all indicated a tremendous respect for Capt. Dwojakowski, and are looking forward to having him in the Chief position. She stated she is in support of this appointment. She and her family have made their home in this city, she wants it to continue being a safe city and she is confident Capt. Dwojakowski will keep the city at that level. Regular City Council Meeting Tuesday, September 5, 2017 Page 42 Councilwoman Schmidt stated that Capt. Dwojakowski’s list of accomplishments is long and the selection process involves a multitude of testing, after which the top three candidates are forwarded to the City Manager for his consideration. She did not see a rush in making this appointment, noting he has served as Interim Chief for sixty days. She stated she would like to see two other people on the list in addition to his name. She pointed out the list expires in February, and she would like to see the testing redone. She added that Capt. Dwojakowski may be at the top of the list once again, but she would like to see it done again. Mayor Pro-Tem Ziarko stated she has known Capt. Dwojakowski for many years. She recalled being in a metro park in Washington DC in 2005 with the mayor, and Capt. Dwojakowski and his family to honor fallen officer Mark Sawyers. She pointed out that the City Manager’s job is to make a recommendation to the Council, and the Council can either accept it or reject it. Their job is not to convince the City Manager to change his mind. She believed that politics that should not enter into the appointment, but she felt the process has been flawed in the last 18 months through no fault of any individual. This position requires integrity, intelligence, leadership, people skills, experience, knowledge of the job, education, and Capt. Dwojakowski has all the qualifications, but she takes the confirmation seriously. She stated she has no problem extending the Interim Chief position for a couple more Regular City Council Meeting Tuesday, September 5, 2017 Page 43 months, but she was fairly certain he will be appointed as Chief. She challenged him to prove to her he is prepared for this job, and she wished him success, although she indicated it will have to be without her vote this evening. Mayor Taylor stated he is proud to be the mayor of this city because of the tremendous people supporting this city. He stated the Police and Fire Departments are outstanding and a testament to the men and women in those departments. He stated they set a high standard and continue to improve upon it. He was confident this appointment is allowing them to meet that goal. He stated the number of people here tonight to support Capt. Dwojakowski is impressive, and he assured the City is in his corner and will do all it can to make him and his department successful. He stated Capt. Dwojakowski seems to be a natural leader who was “born for this position”, and those are the qualities he felt the City needs in a police chief and in all who are going to lead and motivate people to get the most out of them. He stated he is confident that is what Capt. Dwojakowski is going to do, and he could see no reason to delay his appointment to Chief of Police in the City of Sterling Heights. He believed this is a position he will hold for a very long time, and that he will continue to improve upon the excellent reputation the City’s Police Department has of being the safest big city in Michigan and one of the safest big cities in the country. Mayor Taylor stated this work does not come from one person, but they need that one person at the top to lead the department. Regular City Council Meeting Tuesday, September 5, 2017 Page 44 He wished him well, especially in these times when it is difficult to be a police officer. Yes: Shannon, Sierawski, Taylor, Koski, Lusk. No: Ziarko, Schmidt. The motion carried. Chief Dwojakowski stated it is an honor and a privilege to be the next Police Chief in Sterling Heights. He thanked the Mayor and members of Council, and Mr. Vanderpool for nominating him. He thanked his family and friends who came tonight to support him. He considered it an honor to be a police officer in the best police department in the state, but to be the Chief of the Sterling Heights Police Department, he stated “it doesn’t get any better than this”. He provided information on his background, noting that he grew up in Sterling Heights and graduated from Henry Ford II High School, and he introduced his wife and two sons. He thanked all of those who spoke to support him this evening. He stated the Police Department is the best and it did not happen by accident, noting the City is well-managed and financially secure, and they hire the best. He assured he will do everything in his power to make sure Sterling Heights remains a great place to live, work and play. He acknowledged former Sterling Heights Police Chief Tom Derocha who came from the west side of the state to be here tonight. He stated he has modeled his career after former Police Chief Derocha and the leadership he gave the department for many years. He recalled the positive impact that he had when he was in first grade Regular City Council Meeting Tuesday, September 5, 2017 Page 45 and met a police officer, and he hoped their department can leave this same positive impact upon the residents. He once again thanked everyone for this opportunity to be the Police Chief in the community where he grew up and owes so much. Mayor Taylor called for a recess at 9:42 p.m., and he reconvened the meeting at 9:53 p.m. COMMUNICATIONS FROM CITIZENS Mr. Dennis White – quality of new IT system in Council chambers. Mr. Geoff Gariepy – promoted the CERT program sponsored by the Sterling Heights Police Department; encouraged volunteers to join. Mr. Keith Olson – from Criminalized Racketeering Against Patients (CRAP); medical marijuana policies in communities. Ms. Sanaa Elias – literature in water bill about hazard of flushing wipes; cement mixture being used on roads; money spent on mile markers and golden rings; community pool. Ms. Jazmine Early – problem with speeding on Hillsdale Street; repairs needed for Polish Army Veterans building and would like to see community help them. Mr. Charles Jefferson – status of building on 19 Mile between Saal and Hayes; discrimination issues. Regular City Council Meeting Tuesday, September 5, 2017 Page 46 Mr. Joe Judnick – concerned a business on Merrill near 19 Mile cut out a berm for another curb cut. Ms. Linda Komer – residents who ignore ordinances and association by- laws; dangerous traffic signal at Ryan and Dobry with people turning right on red at same time as left-turn green arrow; condition of Hampton, Warwick, Hunt Club Boulevard. Mr. Thomas Neil – sunken pavement on Ascot at intersection of Sunset and Candlewood; dump trucks parked at Chapelle Park; policy on replacement of dead trees. Mr. Michael Radtke – car break-ins in front of homes; number of police officers on the street. Dr. Steve Naumovski – Mound Road reconstruction; local streets being destroyed by large trucks involved in repaving the larger roads; paving of smaller roads using tax dollars. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool addressed some of the questions raised during the public comments. He stated he will have the City Engineer review the comments regarding the various roads in the city and he will get back to the residents. Mr. Vanderpool indicated that, while the City of Warren may have more police officers, their tax rate is much higher than the City of Sterling Heights, and he added Sterling Heights has a higher safety ranking. He stated that the police Regular City Council Meeting Tuesday, September 5, 2017 Page 47 force is down from 173 to 149; however, he clarified the reduction of police officers on the street has only been reduced by five. The reductions came from other areas of the department, and those services are now provided for in a different way. He cited the example of their detention facility, which used to be staffed with sworn police officers, but that is now contracted out at a lower cost. He stated that dispatch used to be overseen by sworn officers and that service is now regionalized with the County. He assured street-level services have not been affected, and the City continues to have a very high safety ranking, and although there are occasional flare-ups of crime, such as car break-ins, the police work closely with the neighborhoods to make sure safety precautions are being taken. Ms. Kaszubski stated he had nothing to report. UNFINISHED BUSINESS / NEW BUSINESS Councilwoman Sierawski addressed comments made by a resident regarding a lawsuit that was settled by the City. She informed it was settled, not because the city was found to have been discriminatory, but they wanted to save the citizens the cost of litigation. She noted that proving their innocence would have resulted in a cost to the residents. She informed she will not continue to debate an issue that occurred nine months ago and to which she was not a party to. She stated she is not prejudiced and will not be intimidated. Regular City Council Meeting Tuesday, September 5, 2017 Page 48 Mayor Pro-Tem Ziarko stated she was approached by residents living near Amsterdam and 15 Mile Road, and when Fillmore Elementary School was open, there was a “no left turn” sign except for busses. The school is now closed, and she questioned what can be done to have that sign removed. The traffic pattern has been changed since the school has been closed, and the residents would like to see that sign removed. Mayor Pro-Tem Ziarko inquired as to whether Mr. Vanderpool has a breakdown of costs for police officers. Mr. Vanderpool replied he does not have the specific number handy, but he could provide round numbers. He explained to bring police staffing to 2001 levels, they would have to hire 24 police officers, and it would cost approximately $3.6 million each over their 25-year career, totaling $90 million or more for the 24 additional officers. He pointed out the City would have to make a significant payment to hire that many officers, and he inquired as to whether it would really make a difference in the safety of the community. He stated the question for the community is how they would pay for that amount, because they would have to significantly cut costs in other areas, mainly the Fire Department because all other departments have been cut already. He anticipated the millage rate would have to be increased to fund that level of officers. He reminded that street level officers are down five positions since 2001, so positions would be added that the City never had if 24 officers were hired because those services are already being provided in a more cost- Regular City Council Meeting Tuesday, September 5, 2017 Page 49 effective way that has caused no service degradation to the community. He cautioned that it would not be a financially-prudent investment for the City moving forward. Councilman Shannon stated there was a crime report done in September 2016 that was published in the Detroit Free Press, and it indicated Sterling Heights had 26% fewer property crimes than the national average for similar-sized cities. According to Chief Berg at the time, there were 250 less property crimes that occurred in 2016 compared to 2015. He anticipated numbers will be coming out for 2017 and they can compare. Councilman Lusk was asked by a small business owner as to where they can park their commercial vehicles if they cannot park them in their driveways. Mr. Vanderpool confirmed that commercial trucks are not allowed in residential areas, so the individuals with those vehicles must make accommodations accordingly. If they park them in the City, it must be in a legal area. He indicated there is an outdoor storage facility at Maple Lane and 14 Mile Road, so there are areas in the City where they can be parked. The individual’s place of employment may be a resource as well, but parking them illegally is not an option. Mayor Taylor commented on rocks that are being painted in a decorative manor, and says “Sterling Heights art rocks!”. The Library, along with people in the City, have painted dozens of rocks and placed them throughout the city. Regular City Council Meeting Tuesday, September 5, 2017 Page 50 He noted people are finding them as far away as Frankenmuth and other cities throughout the State of Michigan. He suggested those who find one of the rocks take it and hide is somewhere else where they think someone will find it. He mentioned a Facebook page (Facebook/SterlingHeightsArtRocks), and stated it will be fun to see where these rocks end up. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried. The meeting was adjourned at 10:45 p.m. MELANIE D. RYSKA, City Clerk