City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, SEPTEMBER 3, 2019 IN CITY HALL 1. Mayor Michael C. Taylor called the meeting to order at 7:00 p.m. 2. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members present at roll call: Deanna Koski, Michael V. Radtke Jr., Maria G. Schmidt, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Absent: Liz Sierawski Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Agenda as presented. Yes: Koski, Radtke, Schmidt, Taylor, Yanez, Ziarko. No: None. Absent: Sierawski. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded that the City will have a commemorative Patriot Day event on September 11, 2019, with a ceremony recognizing first responders, which includes Sterling Heights firefighters and police officers. He added that both Honor Guards will be present at the ceremony, in addition to the Chaplain for the Police Department, the Mayor and City Council members. He welcomed Regular City Council Meeting Tuesday, September 3, 2019 Page 2 anyone who would like to take part in this solemn event, which will be held at 8:30 a.m. on Wednesday, September 11, 2019 at Fire Station #1, located on the corner of 17 Mile and Van Dyke, with more information available on the City’s website. Mr. Vanderpool provided an update on the City’s Sidewalk Program, noting that it is nearing completion. Through a Power Point presentation, he showed the list of roads along which sidewalks are being replaced or repaired. He showed a diagram of this year’s program area, bordered from 17 Mile to Plumbrook, and from Dodge Park to Schoenherr. They intend to complete the sidewalk work in these areas in the next month, and he added it makes a dramatic improvement to neighborhoods. Several before and after pictures were shown. They also have a couple of other areas scattered across the City and they will be working on those as well. In total, there are nearly 1,200 parcels that will be affected by their sidewalk program this year. Mr. Vanderpool explained that, in addition to repairing and/or replacing existing sidewalk, the City also has a “Gap Program”, where new sidewalk is installed in locations where there is no sidewalk. He stated they had an ambitious Gap Program planned for this year, but unfortunately, the price of concrete came in very high, so they have been forced to rebid, which they will do during the winter months when they anticipate better pricing. He assured that this fall, they will be completing a major gap along 18 Mile Road, between Van Dyke and Mound, which has been causing safety concerns. He added the City Regular City Council Meeting Tuesday, September 3, 2019 Page 3 appreciates everyone’s patience as they complete the sidewalk program this year. Mr. Vanderpool stated that, at the conclusion of tonight’s agenda, he requested that City Council convene a Closed Session pursuant to Section 8(h) of the Open Meetings Act for Council to consult with the City Attorney regarding confidential written legal opinion. Mr. Vanderpool, at Councilwoman Koski’s request, commented on a Consent Agenda item which involves a significant grant the City received in the amount of $2 million. He explained it involves the Stormwater Asset Management and Wastewater (SAW) Grant, which has allowed them to clean out and televise every sanitary sewer line and storm sewer line in the city. He noted there are hundreds and hundreds of miles of infrastructure lines underground all over the City, and they have to develop an effective program to continue to maintain, repair, upgrade and expand them as time goes on. This grant has allowed them to locate all of these structures across the City and digitize their locations, so if there is ever a problem, they have all the data necessary at their fingertips. It will also allow them to detect any problem areas in the City so they can take proactive measures. He explained that now that they have all of the televising, cleaning and mapping done, this last phase, which is on tonight’s Consent Agenda, is developing the plan for the repair, replacement and improvement schedule. The item, which is for $248,000, is to develop that plan with an engineering consultant who the City has worked closely with Regular City Council Meeting Tuesday, September 3, 2019 Page 4 throughout the project, and the grant covers 75% of that cost. Mr. Vanderpool stated that concludes his report this evening. 6. PRESENTATION Mayor Taylor stated this is a swearing-in ceremony for a new Sterling Heights Police Officer, and he invited Police Chief Dale Dwojakowski to swear in the new officer. Police Chief Dwojakowski introduced Sarmad (Sam) Hazem Tayla, providing a brief summary on his education and work background, adding that he served as a Junior Police Explorer in this community and is also fluent in the Arabic and Chaldean languages. Chief Dwojakowski swore in Officer Tayla, who spoke briefly to thank his family and friends for their support, especially his parents. He also thanked the Police Department and Captain Hopper, who served as his supervisor while he participated in the Sterling Heights Junior Police Explorer Program and served as his inspiration to become a Sterling Heights Police Officer. He stated it is an honor to be here, and he thanked the Mayor and City Council members, as well as Chief Dwojakowski, for giving him this opportunity to serve and protect the people of Sterling Heights. The Mayor and City Council members welcomed and congratulated Officer Tayla. Councilwoman Ziarko stated Officer Tayla should be proud of the support he has for doing what he is doing, and she felt that is a tribute to his character. She wished him well, adding it is good to have him in Sterling Heights. Regular City Council Meeting Tuesday, September 3, 2019 Page 5 Councilman Radtke stated he is proud to have Officer Tayla in Sterling Heights, noting they have set out to create one of the most diverse departments in the State that represents the community in which they live, and Officer Tayla’s credentials are impressive. He felt Officer Tayla will have a long career here and is proud he is part of the Sterling Heights Police Department. Mayor Taylor welcomed Officer Tayla and thanked him for his lifelong commitment to Sterling Heights. He felt he will be with the City for a long time, noting the City’s Police Department is a “destination department,” and he wished him well. 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He invited public comments from the audience. • Resident on William Drive – expressed concern about lack of sidewalks along Utica Road, from 18 Mile to Van Dyke. Mayor Taylor advised the resident that his comments should be addressed during Communications from Citizens, and he clarified that the comments at this time are reserved for items on the Consent Agenda. 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 20, 2019. B. To approve payment of the bills as presented: General Fund - $623,574.75, Water & Sewer Fund - $150,623.87, Other Funds - $2,050,325.00, Total Checks - $2,824,523.62. C. RESOLVED, to award the bid for Neighborhood Park Improvements – Phase 8 to Warren Contractors & Development, Inc., 14979 Technology Drive, Shelby Township, MI 48315, in the amount of $1,244,828.30 and Regular City Council Meeting Tuesday, September 3, 2019 Page 6 authorize the Mayor and City Clerk to sign all required documents on behalf of the City. D. RESOLVED, to accept a proposal by Anderson, Eckstein and Westrick, Inc., 51301 Schoenherr Road, Shelby Township, MI 48315, to provide professional engineering services for the development and drafting of a wastewater and stormwater asset management plan at a cost of $248,200 and authorize the City Manager to sign all required documents on behalf of the City. E. RESOLVED, to receive the lawsuit, Herman McKalpain Jr. v Sterling Heights Police Department, 41A District Court Case No. S-19-3423-GZ. F. RESOLVED, to approve final payment to James P. Contracting, Inc., 67222 Van Dyke, Washington, MI 48095, in the amount of $131,842.71, plus interest on retainage, for Parking Lot Improvements at Gerald R. Donovan Park (Jaycee Neighborhood Park), L.W. Baumgartner Major Park and Joseph J. Delia, Jr. Major Park. Yes: Koski, Radtke, Schmidt, Taylor, Yanez, Ziarko. No: None. Absent: Sierawski. The motion carried. 8. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. He requested that Mr. Vanderpool address the citizen’s concerns about the sidewalks along Utica Road. Mr. Vanderpool explained that the stretch along Utica Road, between 18 Mile and Van Dyke, is a gap they hope to complete soon. He advised there are some challenges along Utica Road, including some of the areas where there are ditches, and some right-of-way that needs to be obtained. He assured it is their plan to complete the gap, but he estimated they are probably a couple of years away from having it fully completed. • Resident on William Drive – concerned about pedestrian safety along Utica Road, between 18 Mile and Van Dyke; stressed urgency to have a sidewalk away from the road for safety, noting it is dangerous to ride along gravel on the side of the road. Regular City Council Meeting Tuesday, September 3, 2019 Page 7 • Ms. Nancy Hoffmann – concerned about sidewalk situation, specifically along 14 Mile at Maple Lane; concerned about sidewalks along Amsterdam, sidewalk from Irving to 15 Mile Road is broken and uneven. • Mr. Bob Moffa – Safe Streets millage and sunset clause. • Ms. Jazmine Early – questioned policy on driveway approaches that are redone when streets are repaved; Patriot Week events. 9. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to a couple of comments made this evening. He addressed the concern about the sidewalk along 14 Mile Road, noting that when the Maple Lane development is completed, they will be starting their site work after the 2020 golf season is over. They will be required to install sidewalks along that section of 14 Mile Road. He acknowledged there is a sidewalk gap along the north side of 14 Mile Road, but along the south side, there is a complete network of sidewalk, and they could have a crossing at Maple Lane, adding that the sidewalk will meander through some of the development. Mr. Vanderpool noted that Mr. Moffa was incorrect on some of the information he provided regarding the Safe Streets millage, when he indicated there was no sunset on the ReCreating Recreation millage. His statement that the Safe Streets is a tax increase is incorrect, and Mr. Vanderpool clarified that it is a renewal, not an increase. He stated both the Governor’s office and the Attorney General’s office have to approve the ballot question, scrutinizing it carefully, and he stated they have both approved it and completely agree with every word in the ballot questioning, including the fact that it is a renewal. He explained there is a Headlee element to any millage rate, but that amount Regular City Council Meeting Tuesday, September 3, 2019 Page 8 cannot go up by more than five percent or the rate of inflation, whichever is less. Since 2008, because of property declines, the average resident in Sterling Heights has realized increases far less than the two percent Headlee allows for, even with property values starting to increase. Mr. Vanderpool addressed Ms. Early’s concern about driveway approaches, stating the few instances she referred to have been rectified. He assured the City has been in direct contact with all of those residents, including Ms. Early, and the contractor will be honoring warrantees. He stressed this has already been explained to the residents affected in a very detailed letter. He does not feel there is any confusion among those affected, and he noted this happens very rarely because in almost all cases, the driveway approaches do not have to be removed. In certain cases, because of the grade of the new street, the driveway approach does not line up perfectly with the new street. In those cases, the approach needs to be taken out, and the City pays for that cost; however, he added that does not happen very often and estimated it occurs in far less than ten percent of all the properties involved, and the situation has been handled. Mr. Kaszubski stated there is one item for Closed Session this evening. Councilwoman Schmidt reminded residents that school is back in session and urged drivers to respect the traffic laws with regard to the school buses so they protect the safety of the children. Regular City Council Meeting Tuesday, September 3, 2019 Page 9 Councilman Radtke attended the Labor Day parade and was approached by several elected officials from other communities who have come to Dodge Park and enjoyed the splash pad and the mountain biking on the trails, and they were all very impressed and complimentary. He noted an item on the Consent Agenda this evening was a $1.2 million expenditure for their final phase of improvements for eight neighborhood and major parks. He felt ReCreating Recreation is one of the best things they have done for the City in a long time, and the improvements far exceeded his expectations. He thanked City Administration and their Recreation Director Kyle Langlois for all of the hard work they have done to make this a success, and he looks forward to its completion. Mayor Taylor responded to the resident who questioned how the Safe Streets program from 2013 is monitored. He assured that money is brought into the City and segregated, used specifically for that purpose. It is budgeted every year according to how it is levied. It is audited every year by Plante Moran, and every year Plante Moran has given the City a perfect rating in their audit. The money comes in every year, it is spent appropriately and they have never had any issue with it. He assured all taxing and spending of the City is closely monitored both internally and externally, and it is all public information, available for viewing on the City’s website. Mayor Taylor explained how that amount is assessed, which is based on Michigan law, with two factors being property value and millage rate, determining the exact amount. Property Regular City Council Meeting Tuesday, September 3, 2019 Page 10 values can rise, but the tax will not go up. If this proposal passes, the millage rate will actually go down a small amount, but it will not go up. He clarified that if it passes, property owners will be paying the exact amount they are currently paying. If their property value increases, the increase in taxes can only go up by the rate of inflation or five percent, whichever is less, so they may end up paying a couple of dollars more than the previous year because their taxable value increased. He reiterated the rate is staying the same. 10. UNFINISHED BUSINESS There was no unfinished business. 11. NEW BUSINESS There was no new business. 12. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn into Closed Session. Yes: Radtke, Schmidt, Taylor, Yanez, Ziarko, Koski. No: None. Absent: Sierawski. The motion carried. The meeting adjourned into Closed Session at 7:40 p.m. and reconvened at 7:57 p.m. Moved by Schmidt, seconded by Ziarko, RESOLVED, to authorize the City Attorney to pursue all available remedies to abate the nuisance conditions and code violations existing at 8160 Independence Drive. Yes: Koski, Radtke, Schmidt, Taylor, Yanez, Ziarko. No: None. Absent: Sierawski. The motion carried. 13. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. Regular City Council Meeting Tuesday, September 3, 2019 Page 11 Yes: Koski, Radtke, Schmidt, Taylor, Yanez, Ziarko. No: None. Absent: Sierawski. The motion carried. The meeting adjourned at 7:58 p.m. MELANIE D. RYSKA, City Clerk