City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, NOVEMBER 19, 2019 IN CITY HALL 1. Mayor 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, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Donald P. DeNault, Jr., Assistant 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 amended, moving Consent Agenda Item 9-E to Consideration Item 10-B. The motion carried. Mayor Taylor took a moment, along with the other Council members, to pay accolades to the Stevenson High School Titans football team for playing in the State football semi-finals this Saturday at Troy Athens High School at 1:00, taking on Davison, and if they win, they go to Ford Field the following week and play for the State Championship. They held up t-shirts in support of the team and cheered them on. 5. REPORT FROM CITY MANAGER Regular City Council Meeting Tuesday, November 19, 2019 Page 2 Mr. Vanderpool reminded everyone that, in observance of the Thanksgiving holiday, the City offices will be closed for business on Thursday and Friday, November 28 and 29, 2019, resulting in a one-day delay in refuse collection, so Thursday’s collection will be on Friday, and Friday’s collection will be on Saturday. The forty-third “A Sterling Christmas” will be held on Saturday, December 7* from 5:45 to 8:30 p.m., and that will also be the opening of the ice rink. [*Editor’s note: Mr. Vanderpool corrected this date to December 1 later in the meeting]. Mr. Vanderpool reminded that the City’s yard waste collection program has been extended a week this year and will continue through the week of December 9. He encouraged residents to get all of the leaves up to the best of their ability in the next few weeks, adding that there is an ordinance that pertains to leaf removal. Mr. Vanderpool addressed snow emergencies, noting that they had to call one of the earliest snow emergencies in the City’s history last week. They send out those alerts to the best of their ability on multiple platforms and urged residents to subscribe to the City’s alert system, which means they will get a text or email immediately when the emergency is declared. It is easy to do by going to the main website, clicking the “I want to” option in the right-hand corner, clicking on the “Request” option, clicking on “Notifications”, then scroll down and click on “Snow Emergencies.” A phone number is required for a text alert, and/or an email address is required for an email alert. They already have a Regular City Council Meeting Tuesday, November 19, 2019 Page 3 lot of people signed up for this notification. When there is a snow emergency, vehicles must be removed from the street so they can get safety equipment down the streets and make sure the streets are draining properly. He indicated when they enforced the snow emergency last week, they issued about 300 tickets, which are $25 each, although he added that the vast majority of the city complies with this ordinance requirement. Sidewalks have to be cleared within 24 hours of a snow event. Mr. Vanderpool advised that LawnGuru is an on- demand snow removal service, and they will remove snow from sidewalks and/or driveways. This can be arranged through a smartphone app, which can be downloaded from the City’s website or from the online Smartphone store. There is no charge to download the app, and although there is a charge for the service, it is very convenient because it is on demand so a long-term contract is not required. Mr. Vanderpool referred to an item on the Consent Agenda this evening that pertains to the Iron Bell Trail, which is being developed throughout the State of Michigan, and it traverses through the City of Sterling Heights. There is a Resolution on the Consent Agenda this evening requesting the City’s support as this trail is being built, although no monetary contribution is being requested through this Resolution. He introduced Mr. Norm Cox, representing Macomb County, to talk about this exciting project. Mr. Norm Cox explained the Iron Belle Trail is about showcasing Michigan communities, going from one end of Michigan as both a bicycling route and Regular City Council Meeting Tuesday, November 19, 2019 Page 4 walking route, and it provides recreation, transportation and economic opportunities built through partnerships. The bike route going through the City is primarily using existing shared-use pathways in the south part of the State, similar to what is in Dodge Park. It is over 70% complete, but the gap they have in Macomb County is very challenging because it is in dense, highly built-up areas. They are also working with Warren and Centerline, trying to reach a consensus on a route that is feasible, affordable and fundable, and they want to come up with a clear strategy. They are looking at the roadmap for completion, when it will be done and who will be paying for it. The routes at the north and south ends of the County are well-defined, but in going through this area, they are seeking to make it direct, while linking up key community amenities and use it as a tool for economic development and promotion of this community. It is to be a family-friendly route for all ages. Mr. Cox explained the three segments through the City, with Segment 5, referred to as the “North ITC Corridor,” a little over a mile, extending from 14 Mile to 15 Mile, which is an off- road, shared-use wide asphalt pathway that everyone could use. This will enable a trail along the Red Run, and he credited Bergman Associates, their engineering firm, for doing a lot of legwork working with ITC. One of the features and big ticket items is going to be a bridge over the Red Run, although if the City would want a road on either side of this, they would have to build a bridge there because they do not have physical room on the existing bridge to put a bicycle trail. This will also connect to Baumgartner Park, and he explained Regular City Council Meeting Tuesday, November 19, 2019 Page 5 this is a $1.2 million project, with construction hopefully scheduled for 2023. The next segment going north from there is about one-and-a-half miles from 15 Mile to Metro Parkway, and they are proposing side paths along the south side 15 Mile, going up to the west side of Dodge Park. Mr. Cox explained the question has been asked as to why not continue up the ITC corridor; however, one of the big issues is trying to get over Metro Parkway or providing a mid- block crossing, which is a very challenging and expensive proposition. This segment would be a $1.2 million project that is slated for 2024. Mr. Cox stated the last segment is basically completed, and he thanked the City for all of the work they have been doing the past few years, and that is the 1.8 miles from Metro Parkway up to Utica Road, where they will be using the existing pathways. This links the Civic Center, Dodge Park and numerous schools. They are proposing a few more rest areas, additional landscaping, and the whole area will have wayfinding signage and identification signs. This is also proposed to be done in 2024 because it will be at a low cost of a couple hundred thousand dollars. They have put together a funding strategy, looking at the cost of the trail, intersections, wayfinding amenities, as well as state, federal, local and private foundation dollars from groups that would like to help fund this, and they have tried to spread this across the area. Mr. Cox explained this is not a traditional master plan because it is something moving directly towards construction. In addition to the maps the Council has been provided in their packets, they also have 86 pages of cost estimates, a 15-tab Regular City Council Meeting Tuesday, November 19, 2019 Page 6 spreadsheet and summaries of public engagement and presentations are all available on their website at https://greenwaycollab.com/ironbelle/. He offered to answer questions. Mayor Taylor thanked Mr. Cox for his comprehensive presentation, adding that they are very excited about the project. Mr. Cox expressed his appreciation to all the help the City’s staff has provided to them. Mr. Vanderpool provided updates on road projects, indicating that all of their city road projects are done. There are still a couple of major road projects that are not complete, and the City has no control over these projects. The most notable project is Schoenherr, adding they have received a number of complaints and a number of social media interests on this section of roadway. He acknowledged it does not seem logical, knowing that work is not going on, but the contractor started today after a week’s delay due to snow. They are anticipating the backfilling will be completed this week and they will then stripe the road, anticipating that it will be reopen on Friday, but he reminded it is weather-dependent. He clarified that is a Macomb County Road project over which the City has no control, but he indicated the County was “thrown a curve ball” with the recent weather conditions. Mr. Vanderpool talked about the Moravian/Schoenherr project, explaining they are working directly with the owner of this project. It is a commercial development on the corner of Moravian and Schoenherr, and they have had a number of delays beyond their Regular City Council Meeting Tuesday, November 19, 2019 Page 7 control and beyond the City’s control. As part of that project, the developer is required to upgrade the road, which they are doing as they finish up with the north side of Moravian. Once that curb is poured, they will be paving next week and expect to be completed in a week or two. Mr. Vanderpool concluded his report by stating that the work along 14 Mile Road, another county road project, is progressing well, and they hope to have that completed in a couple of weeks. Mayor Taylor stated that City Attorney Mark Kaszubski had a family emergency tonight and was called away just before the start of this meeting. He thanked Assistant City Attorney Donald P. DeNault, Jr. for getting here quickly and sitting in for Mr. Kaszubski this evening. 6. PRESENTATION A. Mayor Taylor stated this is to receive an update on service enhancements and initiatives of the Department of the Macomb County Clerk. He invited Clerk Fred Miller from the Macomb County Clerk/Register of Deeds Office to give a presentation. Macomb County Clerk Fred Miller stated on behalf of the ninety men and women who work at the Macomb County Register of Deeds office, he is pleased to be here this evening and is in the process of visiting the communities within the County. He has enjoyed getting to know the different communities and to be part of the community life in Sterling Heights through their many activities. He thanked the City for their patience and perseverance with the County Clerk’s office, and he is proud to credit the incredibly Regular City Council Meeting Tuesday, November 19, 2019 Page 8 dedicated men and women who work there for maintaining professional service on behalf of the County and local communities throughout a difficult time. They have four different divisions, with one of those being the Election Division. He stated he works with Clerks from the local communities, and he commended the City on Clerk Melanie Ryska, referring to her as “the best Clerk in the County” and one of their leaders in the County Clerk’s Association. He felt the City should be very proud of the excellence that is represented by their Clerk’s office. Mr. Miller informed that, in the last election, Sterling Heights had a 20.4 percent turnout, with 17,906 voters who came out to cast their votes. They are now seeing more people voting absentee than by voting at the polls, with 51 percent voting by absentee ballot, which mirrors the County average. Mr. Miller stated one of their most successful programs has been their mobile office, with an early summer visit to the Sterling Heights Senior Center, which was one of the most popular mobile office sites. Citizens can go there and conduct any of the business for which they would usually have to go to downtown Mount Clemens to do. The mobile office will be back at the Senior Center on March 4, 2020, and they are working with the Senior Center to have their first evening hours mobile office sometime in 2020. Mr. Miller talked about Vital Records and explained that Sterling Heights is one of three cities in the County that handles their own birth and death records. For the remainder of communities, the County Clerk’s Office handles birth and death records. They also handle business registrations, notary public Regular City Council Meeting Tuesday, November 19, 2019 Page 9 applications, veterans’ cards and other items. They are the Clerk for the 16th Circuit Court, one of the busiest courts in the State. They run the jury pool and had 581 people from Sterling Heights that were called for jury duty the last month, although not all of those answered the summons. He explained how the deferments work. Mr. Miller concluded his presentation by explaining the Register of Deeds holds 8 million different images going back through the history of Macomb County, which includes all the deeds for buying or selling property. He noted when he took office, they had two duplicate services that accessed the same data, one called the Super Index, powered by Google, and the other was U.S. Land Records. When he came in, they were transitioning from Google Search to Google Cloud, but to continue that service would have been a $400,000 premium, which they deemed as unaffordable. They retired the Super Index and made enhancements to the Land Record Service, where people can go on and have a fraud alert if there are any changes with their deeds or research of ownership. They have gone out for an RFP and have selected a vendor, Tyler Technologies, which is user-friendly. Mr. Miller presented the City with a map of Sterling Township from 1875, showing all of the landholders. He noted the property they are currently on was owned in 1875 by Jerome B. Harvey and William Upton. He also presented a copy of the handwritten deed for this property that was deeded for the sum of $221 even further back than 1875. He indicated in 1825, predating Michigan Regular City Council Meeting Tuesday, November 19, 2019 Page 10 statehood, the U.S. Government deeded this land to Tabor Wilcox, who homesteaded this land, and the deed was signed by John Quincy Adams. That deed was registered in 1929, and Mr. Miller presented a copy of that to the City for their archives. Mr. Miller concluded his presentation by stating it is an honor to serve as Macomb County Clerk, and he and his office are at their service if there is any way in which they can help. Mayor Taylor thanked Mr. Miller for his presentation and the items he presented for the City, noting they will cherish them. Councilwoman Koski questioned whether Mr. Miller could obtain a copy for the City of the deed to Dodge Park. She believed it was then Senator Guastello who presented it to the Mayor. Mr. Miller stated he will do some research, noting this property involves three plats. The William Upton farm included the eastern part of this property up to what is Dodge Park. He will try to locate the deed from Mr. Guastello. Councilwoman Koski stated she did not know who the deed was from, but Mr. Guastello was the individual who presented it to the City. Mayor Taylor appreciated Mr. Miller being here and also for his taking over an office in turmoil. He appreciates the discussions they have had about services and stressed the Macomb County Clerk’s Office is a very important part of the county government. Regular City Council Meeting Tuesday, November 19, 2019 Page 11 B. Mayor Taylor stated this is to receive a mural created at the Genisys Credit Union Kids Tent during the 2019 Sterlingfest Art & Music Fair. He invited Parks & Recreation Director Kyle Langlois to give a presentation. Mr. Langlois stated they have a great partnership that started in 2019 with one of their community partners and vendors, Genisys Credit Union. He explained Genisys Credit Union sought out to be a partner with Sterling Heights and the Parks and Recreation Department. He commended them for not only bringing financial support, but also bringing value to whatever it is they are supporting. He explained at the Genisys Credit Union Kid’s Tent at Sterlingfest this year, they brought an artist who made a mural and had the kids take time to paint it. Many children who participated in Sterlingfest and the kid’s tent had a hand in this art. He introduced Ms. Heather Pizzala, Vice-President of Marketing for Genisys Credit Union, and Ms. Rebecca Liska, Branch Manager of the newly opened Sterling Heights branch of Genisys Credit Union. Ms. Heather Pizzala presented the piece of artwork entitled “Art in Action,” where visitors to the kid’s tent at Sterlingfest this past summer were encouraged to pick a color and a section on what started out to be a white canvas with black outlines and add design and shape. It was given back to the artist and he took it back to his studio to clean it up. She stated Genisys Credit Union is proud to present this masterpiece created at Sterlingfest by kids and adults in the community. Regular City Council Meeting Tuesday, November 19, 2019 Page 12 Mayor Pro-Tem Sierawski thanked Genisys Credit Union for the opportunity for the community to participate in this. She stated her mother was an art teacher, so she grew up with a lot of art, coloring and painting, and she felt there is nothing better than to have something done by the residents to bring out the best of their city. She thanked all who participated in this. Mayor Taylor thanked Genisys Credit Union and felt the great thing about art is how it brings the community together. He indicated it will be displayed in the Community Center as a reminder of the great community they have and how they all came together that weekend. He thanked Genisys Credit Union for providing them with that opportunity. 7. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider introduction of an ordinance amending Chapter 53 of the City Code to add Article VIII, entitled “Illicit Discharge.” He invited Assistant City Attorney Donald P. DeNault, Jr. to give a presentation. Mr. DeNault explained this is an ordinance relating to illicit discharge of pollutants into the sewer system within the City of Sterling Heights. This came about as an initiative through the State of Michigan’s Department of Environment, Great Lakes and Energy (EGLE), and they are requiring local ordinances like this one, with which they have had input and have reviewed, for all communities that have certain discharge permits. They want cities and communities to take a more active role in enforcement efforts rather than deferring it to the State of Michigan. The City can then be more involved in Regular City Council Meeting Tuesday, November 19, 2019 Page 13 enforcement efforts and best practices when it comes to stormwater management. He outlined the simple objectives of the ordinance. He noted that enforcement actions include a right to enter and inspect non-storm water discharges and suspend storm sewer system discharge access when necessary to stop imminent danger to the environment. They can pursue court orders to terminate storm sewer system access, abate violations or require installation of monitoring equipment, as well as having the ability to issue violations and issue civil infractions and/or misdemeanor citations. Much of the language of the ordinance is very technical, and he advised that DPW Director Mike Moore is present tonight to answer the technical questions, as well as a representative from Hubbell, Roth & Clark, the City’s consulting engineers, who were instrumental in helping the City develop this ordinance and making sure it got the reviews and approvals of the State. He concluded his presentation by stating that on the EGLE page of the State’s website, there are some interesting ways they use to teach about being stormwater-savvy. Moved by Sierawski, seconded by Ziarko, RESOLVED, to introduce the ordinance amending Chapter 53 of the City Code to add Article VIII, entitled “Illicit Discharge” in order to comply with the requirements of the City’s National Pollutant Discharge Elimination System permit. Councilwoman Ziarko understood this ordinance follows the state guidelines through EGLE, but she questioned whether they have had complaints about offenders in the City that would warrant this ordinance as well. Regular City Council Meeting Tuesday, November 19, 2019 Page 14 Mr. DeNault replied that he does not know of any and would defer the question to Mr. Moore or anyone else in City Administration who would know that answer. He suspected if they did have any, they would have been referred to the State prior to this ordinance coming into existence. Councilman Yanez noticed that one of the prohibitions of this ordinance is discharges that flow through firefighter activities. Acknowledging that a source of PFOS is from firefighter foam, he questioned whether the City is purchasing PFOS-free firefighting foam, and if not, are there any requirements that the Fire Department has to document when using this foam, especially when it goes down the storm sewer drain. Mr. DeNault deferred that question to Mr. Moore or HRC, but part of the ordinance will be that the Public Works Director or designee will adopt some best management practices that should cover those issues. They are working internally with the Fire Department to address that issue. He stated that was not a specific topic he looked at when putting this ordinance together. Councilman Yanez questioned, in reading the ordinance, whether this is going to be a proactive or reactive operation. He further questioned whether Mr. Moore or his designee will have any specific training on regular review of businesses, and how this will work through their department Public Works Director Michael Moore replied they were included in recent training through HRC for stormwater prevention pollution, and they had good housekeeping training. They have a couple of inspectors who are currently Regular City Council Meeting Tuesday, November 19, 2019 Page 15 being trained and as part of this process, they will be doing inspections during rainfalls. Councilman Yanez inquired as to whether this includes new construction as they are moving earth, and will there be people outside to make sure there are no pollutants going in. Mr. Moore replied that will be the responsibility of Engineering, and as part of new construction, Engineering will make sure all catch basins are covered with the correct material and being monitored. Mr. Vanderpool replied to inquiry that he will have to report back specifically on the use of the Fire Department’s foam and how often they use it. He assured City Council and the audience, both here and at home, that the City purchases from the Great Lakes Water Authority, and they regularly test PFOS levels and provide results of those tests, available for viewing by the general public through their website. He noted their water supply is well below any PFOS levels that would be considered concerning or cause any red flag. He assured he will report back on the PFOS effects on the very limited use of their Fire Department when they have to utilize foam to put out plastic-type fires. Councilman Radtke noted they are creating a system where they can fine businesses if they violate these rules. He questioned as to whether the cost of the fine has been determined. Mr. DeNault replied the standard misdemeanor limits apply, so at the City level, they do not have the authority to assess a fine that exceeds $500. If there is a Regular City Council Meeting Tuesday, November 19, 2019 Page 16 civil infraction type of violation, they would follow their standard fines schedule, which is $150 first offense, $375 second offense and it multiplies until they get up to a fourth and subsequent offense. There is no cap or limit on cost recovery, so should there be an emergency response that requires cost recovery, that would be assessed at city costs and administrative oversight fees that are standard throughout the City for clean-ups of that nature. Councilwoman Koski questioned who someone would report a violation to if they witness someone dumping oil or other substance into the sewer. She questioned whether it would be a complaint issue, or whether it would be reported to the Department of Public Works. Mr. DeNault replied they have seen that very rarely, but on occasion they get a complaint and it can go through a number of departments, including Department of Public Works, Code Enforcement, or the Police Department. He is confident that any department in the City would entertain that complaint and get it to the right people. Councilwoman Schmidt questioned whether this has anything to do with illicit discharge into the sanitary sewers. Mr. DeNault replied no, and that it is directly related to storm sewer discharge and management, and has nothing to do with the sanitary system, which is regulated completely separately. He deferred to Mr. Moore for specifics on the answer to that question. Regular City Council Meeting Tuesday, November 19, 2019 Page 17 Mayor Taylor thanked Mr. DeNault for his presentation and the information on it. He appreciated taking the opportunity to educate the public and take this opportunity to bring attention to how important the water system is and what the city is doing to try to keep it clean and free of pollutants. Yes: All. The motion carried. 8. ORDINANCE ADOPTIONS A. Mayor Taylor stated this is to consider the adoption of a Tax Exemption Ordinance providing for payment of service charges in lieu of real property taxes for the Autumn Ridge residential community located at 36498 Dequindre Road and 36300 Dequindre Road. He opened the floor to the audience. Moved by Radtke, seconded by Taylor, RESOLVED, to: A. Adopt the City of Sterling Heights Tax Exemption Ordinance providing for payment of service charges in lieu of real property taxes for the Autumn Ridge residential community located at 36498 Dequindre Road and 36300 Dequindre Road; and B. Approve the Municipal Services Agreement between the City of Sterling Heights and RAHF IV Cambridge Limited Dividend Housing Association, LLC and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. Councilman Radtke felt this was covered very well at the last meeting. He appreciated the administration working with the applicant. Yes: All. The motion carried. 9. CONSENT AGENDA Regular City Council Meeting Tuesday, November 19, 2019 Page 18 Mayor Taylor stated this item is consideration of the Consent Agenda, with the exception of Item E. He invited public comments from the audience. • Mr. Jerry Sieja – regarding Item H; in favor of this Resolution, adding it will be a good asset for Sterling Heights. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended, moving Consent Agenda Item 9-E to Consideration Item 10-B: A. To approve the minutes of the Regular Meeting of November 6, 2019. B. To approve payment of the bills as presented: General Fund - $661,381.69, Water & Sewer Fund - $3,192,769.53, Other Funds - $7,666,107.97, Total Checks - $11,520.259.19. C. RESOLVED, to purchase Master Meter, Inc. Allegro water meters, meter heads, and wall units from Core & Main, 6575 23 Mile Road, Shelby Township, MI 48316 at a cumulative cost of $188,220. D. RESOLVED, to award the bid for the video post-production server to Filmtools, 1015 N. Hollywood Way, Burbank, CA 91505, in the amount of $13,535.00 and reject the bid for two (2) Apple iMac workstations. E. This item was removed from the Consent Agenda and moved to Consideration Item 10-B. F. RESOLVED, to award the bid for an enclosed truck service body to Knapheide Truck Equipment Company, 1200 South Averill Avenue, Flint, MI 48053, in the amount of $17,295.10. G. RESOLVED, to accept the proposal by Raftelis Financial Consultants, Inc. for a Water and Sewer Fund Capital Charge and Rate Analysis at a cost of $49,463 and authorize the City Manager to sign all required documents on behalf of the City. H. RESOLVED, to adopt the resolution approving and supporting the Iron Belle Trail Routing and Feasibility Study. I. RESOLVED, to adopt the resolution approving continuing disclosure undertakings for the Macomb Inceptor Drain Drainage District’s Clintondale Pump Station Improvements Drainage District refunding bonds, series 2020. J. RESOLVED, to: (A) Approve the cost share agreement for asphalt resurfacing of Schoenherr Road, from the Plumbrook Drain to 800’ north of Clinton River Road, 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; and Regular City Council Meeting Tuesday, November 19, 2019 Page 19 (B) Authorize a budget amendment in the amount of $450,000 from major road fund reserves. Yes: All. The motion carried. 10. CONSIDERATION A. Mayor Taylor stated this is to consider appointments to City of Sterling Heights Boards and Commissions. Mayor Taylor stated there are three boards, and they are starting with the Housing Commission, which is open seat with the City Council having the power of appointment to a partial term ending December 31, 2020. Moved by Sierawski, seconded by Schmidt, RESOLVED, to appoint Corey Ventis to the Housing Commission to a term ending December 31, 2020, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Mayor Taylor stated the next appointment is to the Local Development Finance Authority, which is an open position to a partial term ending June 30, 2020, with the mayor holding the power of appointment. He explained he had a candidate whom he was ready to appoint this evening; however, after speaking with him this afternoon, he informed that the candidate owns a business and the business is a tenant of the Velocity Center. Mr. Kaszubski has opined that it would not be appropriate to appoint him because the Local Development Finance Authority has some say over leases and other matters of that nature. He contacted his back-up candidate and left a voice mail message Regular City Council Meeting Tuesday, November 19, 2019 Page 20 but was not able to talk with him prior to tonight’s meeting. He requested for one more postponement, this time to the December 3, 2019 Council Meeting. Moved by Schmidt, seconded by Taylor, RESOLVED, to postpone the appointment to the Local Development Finance Authority to the December 3, 2019 regular City Council meeting. Yes: All. The motion carried. Mayor Taylor stated the last appointment is to the Youth Advisory Board. There are seven open positions and this is a City Council appointment. Since there were no nominations, he requested that this be postponed to the December 3, 2019 regular City Council meeting. Moved by Ziarko, seconded by Schmidt, RESOLVED, to postpone the appointments to the Youth Advisory Board to the December 3, 2019 regular City Council meeting. Yes: All. The motion carried. B. Mayor Taylor explained this was formerly Consent Agenda Item E, which is to award a bid for snow removal services at municipal sites through May 1, 2020 based on unit prices bid (Estimated expenditure of $387,425). He opened the floor for comments from the audience. There was no one from the audience who wished to speak on this item. Moved by Koski, seconded by Ziarko, RESOLVED, to award the bid for snow removal services at municipal sites to Casar Management, LLC, PO Box 661, St. Clair Shores, MI 48080, through May 1, 2020 based on unit prices bid and Regular City Council Meeting Tuesday, November 19, 2019 Page 21 authorize the City Manager to extend the bid term two (2) additional one-year periods under the same terms and conditions. Councilwoman Koski requested that Mr. Vanderpool explain why they chose this particular company. Mr. Vanderpool explained this item is for snow removal services in the parking lots of all city facilities, including their major park parking lots and also some of the sidewalk and trail way systems related to those parks. They bid it out and had competitive bids on the Michigan Intergovernmental Trade Network (MITN), where there are hundreds, possibly thousands, of contractors that belong to this network statewide. This enabled them to reach out beyond the Sterling Heights borders for good competitive pricing. It is also good for the businesses because they can belong to the service and bid on projects and services in other communities surrounding the area if they are interested. They went through a very formal bid process and only had two bidders, one of them bidding on the specifications but not complete because they bid on some items but not on others. He pointed out that on the items for which they bid, they were much higher than the low bidder. Mr. Vanderpool stated Casar is the low bidder, and they have had some experience with them, noting they performed the services at the City’s facilities last year. He acknowledged they had some start-up issues that they worked through with them very effectively, and throughout the winter their performance improved significantly. He stated last week when they had to come out and provide services in the City’s parking Regular City Council Meeting Tuesday, November 19, 2019 Page 22 lots, they did an outstanding job. He provided some history of the snow removal in City parking lots, noting they used to be provided by inhouse services through their Parks and Grounds Division. They went through a thorough analysis a couple of years ago and determined that it would be cost- effective to move the Parks and Recreation Parks and Ground division employees to their Streets Department and eliminate the Parks and Grounds Division, providing those services through alternative means, such as the contract being presented this evening. He stressed the City needed those Parks and Grounds employees in their Streets Division, pointing out that streets are the highest priority and need to be cleared before parking lots. In the off season, they needed those employees working on repairing the roads for general maintenance. Mr. Vanderpool explained that on the bid they received from the low bidder, they have to drill down into their unit pricing to determine its competitiveness. The lump sum estimate of $380,000 is based on approximately thirty-six snow and ice events, so they need to look at unit pricing. He cited some of the quoted pricing for the removal of snow in a snow event up to six inches, including the recycling centers at $170.50 each for driveway and parking lot, the Dodge Park parking lot at $237.50, and City Hall at $3,375, although he added the high bid for City Hall was almost $6,000. This is good pricing in comparison to a driveway that could cost as much as $40 to $60 to have the snow removed. Mr. Vanderpool noted that DPW Director Mike Moore and Regular City Council Meeting Tuesday, November 19, 2019 Page 23 Purchasing Manager Jared Beaudoin are present this evening and can provide more details at Council’s request. Councilman Radtke noted that he requested this to be removed from the Consent Agenda, expressing a couple of concerns with this contract. He questioned why there was only one bidder, the incumbent contractor, which says that maybe the contractor has the inside track. At the very least, the contract should be bid out again next year because the price is excessive. He requested if his colleagues are going to approve this, that they amend the motion to require City Council to approve this contract again next year. He inquired how much it would cost the City for their employees to do this job. Mr. Vanderpool deferred the question to Mr. Moore. He noted that the Parks and Grounds budget was eliminated, with the employees being transferred over to Streets Division. The total budget for Parks and Grounds was about $1.5 million, and in that budget, the contractual services and supplies far exceeded the contract in front of them tonight. He broke it down to a specific area, using the DPW parking lots, and claimed there is no possible way that the City could do that less than $127 per snow event with power equipment and also their highly trained employees. He stressed this is a matter of priorities and they need their employees on roads rather than in parking lots. Mr. Moore echoed Mr. Vanderpool’s comments. He acknowledged that this is not a DPW facilities contract, so he would have to do some number-crunching to determine the values; however, he agreed with Mr. Vanderpool that their Regular City Council Meeting Tuesday, November 19, 2019 Page 24 priority are the streets. He felt responsibility of Public Works departments across the country are “sidewalk to sidewalk, curb to curb,” and the transition of Parks and Grounds being removed from DPW allowed them to keep those employees and focus more on the streets, which is their priority. Councilman Radtke pointed out this is outsourcing and suggested that the Department of Public Works may need additional employees. Moving those employees to do different work has resulted in outsourcing four or five positions to the contractor. This is supposed to save money, however, this is a big contract and he has not seen the financial analysis to determine that it is saving money. He referred to Mr. Vanderpool’s reference to the Parks and Grounds Division budget being $1.5 million, but that was being used for other things in addition to snow removal. The employees in that division worked all year, so that budget covered more than just snow removal. He stated he has not been shown a financial document to show they are actually saving money besides paying the contractor an exorbitant sum. He offered a friendly amendment to Councilwoman Koski’s motion on the floor to remove the portion “authorize the City Manager to extend the bid term two (2) additional one-year periods under the same terms and conditions” and change it to “authorize the City Council to extend the bid term two (2) additional one-year periods under the same terms and conditions.” Councilwoman Koski agreed to the friendly amendment requested by Councilman Radtke. Regular City Council Meeting Tuesday, November 19, 2019 Page 25 Mayor Taylor questioned the purpose of having the City Manager extend the bid rather than having it come back to Council. Mr. Vanderpool replied this is a very common standard provision they have in a lot of their agreements. In cases where they have this provision, it becomes perfunctory once they have the competitive bidding, noting they will typically approve agreements up front for a set period of time, and with options to extend a year or two. In this case, they are not proposing a fixed period of time, but they have illustrated this evening that the pricing is very competitive with the marketplace, and that is not anticipated to change in the next year or two. He assured the Purchasing Manager will take a close look at this next year and determine if it is still competitive. If so, it is more of a perfunctory process, allowing the City to extend the contract. Mr. Vanderpool claimed it has worked well in other cases, but if City Council would like a report back when they are going through that analysis, that would be a reasonable request. This scope of work is routine and with this good competitive pricing they could have easily justified a three- to five-year contract with some escalators on it each year; however, they chose not to do that. The Purchasing Manager could determine next year that the environment has become even more competitive and he could recommend it go out for bid, which then it would be brought back to City Council. He stated they appreciate the flexibility of this contract and feel it is the most cost-effective approach. Regular City Council Meeting Tuesday, November 19, 2019 Page 26 Councilwoman Koski questioned whether they could add “with Council confirmation” to satisfy Councilman Radtke’s request. Councilman Radtke requested the City Attorney rule on that suggestion. Mayor Taylor inquired as to whether Councilwoman Koski wishes to withdraw her motion and make a new motion, or whether she would like to continue with the motion on the floor. Councilwoman Koski stated she would like to ask the City Attorney if they take the motion as it stands and add “with Council confirmation” at the end. Mr. DeNault replied he felt it proper but they would want to make sure the wording is accurate to satisfy the intent of the motion maker and the friendly amendment. He suggested it be modified to read “and authorize the City Manager to extend the bid term two (2) additional one-year periods under the same terms and conditions, upon confirmation by the City Council.” Councilwoman Koski noted this is exactly what she had in mind. Mayor Taylor questioned whether Councilwoman Koski would like to withdraw her motion and make a new motion. Councilwoman Koski questioned whether they can amend the original motion with that phrase. Mayor Taylor understood that if they amend the motion, they have to vote on the amendment first, then on the main motion. It may be quicker to withdraw the motion and make a new motion. Regular City Council Meeting Tuesday, November 19, 2019 Page 27 Mr. DeNault confirmed the quicker way would be to withdraw the motion and start fresh with a new motion; otherwise, they would have to vote on amending the primary motion first. Councilwoman Koski withdrew her motion. Mayor Taylor inquired as to whether Councilwoman Ziarko is willing to withdraw her support of the motion. Councilwoman Ziarko questioned whether there was a time limit included in the original bid process, and if so, by changing this, are they changing that bid. Mayor Taylor looked at the bid overview and it appears to him that it says “the City reserves the right to exercise renewals for two (2) additional one-year winter season options 2020 to 2021 and 2021 to 2022 winter seasons. The City reserves the right to split or abstract any or all bids and award multiple contracts.” He does not see where it specifically says the City Manager is the exclusive party who can exercise that right. Purchasing and Facilities Maintenance Manager Jared Beaudoin clarified that this is the first time they have gone out to bid for this service after Facilities and Maintenance received this responsibility, so instead of having a three- or five- year contract, they wanted flexibility to award it for a year to see how it works out. If the specifications were not just right, they wanted the option to let the contract expire, re-edit and go back out for bid in the fall. If the contract is sufficient and the contractor performs as needed, the proposed contract provides the flexibility to have the bid stand firm for another two years if Regular City Council Meeting Tuesday, November 19, 2019 Page 28 needed and preserve the unit prices for that period. They do not anticipate the numbers would go down if they rebid next year; they could possibly go up. Councilwoman Ziarko stated she does not have a problem with the contract and is happy with the way the motion currently stands on the floor. There is a line City Council should not cross, assuring that while City Council has an obligation to the residents, it is not their job to do what the City Manager should be doing, and Mr. Vanderpool is paid to run this City’s day-to-day operations. She pointed out they may be getting a good deal because this contract is “per season” and not “per push” so they could be working every week. She felt as long as they are satisfied with this contract and they have the option to extend, she has no objection to the motion as it stands. She felt if they start approving everything that the City Manager does, they are going beyond their scope of business. Mayor Taylor inquired as to whether the member who seconds the motion has to withdraw their support in order for the motion to be withdrawn. Mr. DeNault replied he has not seen this occur under Robert’s Rules in the past. However, based on his knowledge of Robert’s Rules, because the seconder of the motion is not in favor of its withdrawal, Council should revert to a motion to amend the motion she seconded, rather than allow withdrawal of the original motion. Mayor Taylor questioned whether Councilwoman Ziarko is willing to withdraw her second to the motion on the floor. Regular City Council Meeting Tuesday, November 19, 2019 Page 29 Councilwoman Ziarko expressed her concern that if she withdraws her second and they go on to make a motion that she may not be in favor of, even though she is in favor of the contract for the snow removal, she questioned where that would leave her. Mayor Taylor clarified that Councilwoman Koski withdrew her motion but Councilwoman Ziarko did not withdraw her second, so the motion on the floor remains. Councilman Radtke noted since Councilwoman Koski withdrew the motion, that now makes Councilwoman Ziarko the first on the motion. Mayor Taylor did not believe that is the case. His understanding that the motion on the floor was not withdrawn, despite Councilwoman Koski’s attempt to withdraw it. Mr. DeNault noted that because the seconder expects the motion to move forward, the attempt to withdraw would be something that would be voted on, and becomes more complicated. At best, it should be treated as a motion that remains, despite the request to withdraw it because the seconder has not acceded to that. Moved by Radtke, seconded by Taylor, to amend the motion on the floor as follows: To award the bid for snow removal services at municipal sites to Casar Management, LLC, PO Box 661, St. Clair Shores, MI 48080, through May 1, 2020 based on unit prices bid and authorize the City Manager to Regular City Council Meeting Tuesday, November 19, 2019 Page 30 extend the bid term two (2) additional one-year periods under the same terms and conditions, upon City Council confirmation. Councilwoman Schmidt questioned whether they get a chance to speak on the original motion. Mayor Taylor clarified they are going to speak on the amended motion, vote on the amendment and then vote on the original motion. Councilwoman Schmidt stated she is not in favor of the amendment to the motion. The fact that only two companies originally bid on this contract is no fault of the City. It is also no fault of theirs as to who applies and does not apply for jobs in their City, but they are at the will of whoever submits the bids. The second bidder did not complete the specifications of the bid, which eliminates them through default. She questioned why they are penalizing the company that provided them with fantastic pricing compared to the company that dropped out. As far as the amendment, she trusts that the Purchasing Department, the DPW Department, and the City Manager and feels no need for the Council to micromanage by having to approve extensions. Nothing goes down in price and they can lock in prices for the next three years. She has no issue with the original motion and is not in favor of the amendment. Councilman Yanez questioned whether it is acceptable to bring this contract back to Council as a Consent Agenda item. Mr. DeNault stated he is comfortable with it being a Consent Agenda item because it can always be removed should the Council wish to debate it further. Regular City Council Meeting Tuesday, November 19, 2019 Page 31 Councilman Yanez commented his biggest problem with government is it is “slow and clunky,” which he admitted, is a good thing most of the time. He appreciated the fact that governments need to take advantage of situations quickly and they have to give their managers leeway to act quickly to run the City efficiently and make sure they get the best value. He commented that $387,000 is a lot of money, but there are checks and balances. While he trusts everyone working for the City, he indicated other communities that have had problems, and Council is the checks and balances. He sees no problem with this coming back to Council next year as a renewal on the Consent Agenda if the City is happy with this contractor and the price. It is important for Council to be kept in the loop, noting they are the ones who approve the city budget. Mayor Pro-Tem Sierawski questioned whether Casar is the same contractor they used last year. Mr. Vanderpool replied affirmatively. Mayor Pro-Tem Sierawski questioned the cost for the same services they provided last year. Mr. Vanderpool deferred that question to the Purchasing Manager. Mr. Beaudoin stated he does not have those numbers in front of him. Mayor Pro-Tem Sierawski questioned whether it is comparable. She questioned whether they have any idea as to the cost or at least the bid. Mr. Beaudoin clarified the bid was not specifically for this service last year. He indicated that last year they were going off an existing contract they had Regular City Council Meeting Tuesday, November 19, 2019 Page 32 through DPW for emergency services, designed that if the DPW needed to focus on streets in a snow emergency, the contractor would clean up municipal sites of snow and ice. They utilized that contract for last year on a trial basis to clean sites without the personnel of the Parks and Grounds Department. Mayor Pro-Tem Sierawski questioned whether this contractor was used for most of their snow emergencies and snow events. Mr. Beaudoin replied they have used this contract over the last few years, especially during back-to-back snow emergencies with Parks and Grounds employees working on clearing streets, rather than municipal sites. Mayor Pro-Tem Sierawski stated since they do not have comparison numbers, she felt it is a good idea to hold this contract a little tighter, so she is in favor of the friendly amendment to bring this back to Council next year. Councilwoman Koski stated in listening to Mr. Beaudoin, she felt the purpose is to try the contractor out for one full year, and if they are satisfactory, the contract can be extended for two additional one-year periods. This puts a lot of responsibility on Mr. Beaudoin, so she is in favor of the amendment, which allows him to bring his recommendation, whether to extend the contract or go out for a new bid, back to Council for their confirmation. Councilman Radtke felt this is about the Council exercising their oversight authority, and he hopes when Mr. Beaudoin comes back to Council, he will have firmer numbers so they can do a cost comparison to show how they are saving money. Regular City Council Meeting Tuesday, November 19, 2019 Page 33 Councilwoman Ziarko stated that, although she prefers the original motion, because she wants this contract to go through, she will have to vote in favor with the amendment. There is no harm in having it come back, but she does not want to start chipping away at the City Manager’s duties. Mayor Taylor understood Councilwoman Ziarko’s concerns, and advised that from a parliamentary procedure standpoint, she can vote against this motion, and if this motion fails, it goes back to the original motion. He believes the votes are in favor of the amendment, and he assured that he does not see this as stepping on Mr. Vanderpool’s toes or as a problem with the form of government they have. It is a large expenditure, and he is comfortable with it coming back to Council, but he is comfortable with it either way because he trusts Mr. Vanderpool. He pointed out whatever it is this year will be the basis of what they put into the budget next year, and that will be debated during the budgetary process. He stated he will vote yes on the amendment. Mayor Taylor read the amended motion, which is the same as the original motion, but with the words “subject to the approval of City Council” added at the end. Roll Call (on amendment to the motion): Yes: Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor. No: None. The motion carried. Mr. DeNault clarified previous vote was only on the few words added to the original motion, which were considered the amendment. They now need to vote on the actual motion which includes that amendment. Regular City Council Meeting Tuesday, November 19, 2019 Page 34 Mayor Taylor called for a vote on the motion as amended. Yes: All. The motion carried. 11. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from citizens. • Resident – paid tribute to Fire Station #6, the Police Department and the Department of Public Works who all were kind, compassionate and helpful as he struggled with various tragedies and emergencies over the past few weeks; commended them all for their outstanding service. • Mr. Jerry Sieja – reminded everyone on upcoming DPW food drive collection; requested clarification on opening day for ice rink because Sterling Heights magazine states it is December 1; thanked City Council for their support of Upton House renovations; commended employees in City Manager’s office for answering his questions, and also Reference Librarian for her help on Upton House history. • Mr. Charles Jefferson – questioned how many tickets issued for cars not moved in recent snow emergency; removal of names and addresses in minutes of meetings involving mosque; questioned plan for removing snow off sidewalks. 12. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he stands corrected on the opening day of the ice rink, and confirmed that the ice rink will be opening, weather permitting, on December 1. Regarding the recent snow emergency, he stated approximately 300 citations were issued. There were a couple of sidewalk areas where they had to circle back to salt and clear. They have a contractor who does that, but they have many sidewalks and are making sure those areas are added. They go back into subdivisions when there is a prolonged ice period or snow removal to do cleanup and/or salting and that can occur for days after an event. Councilwoman Ziarko wished everyone a happy Thanksgiving. She urged everyone to support Small Business Saturday, which falls on the Saturday after Regular City Council Meeting Tuesday, November 19, 2019 Page 35 Thanksgiving. She encouraged residents to go out to eat or shop at a family business to support small businesses in Sterling Heights. Councilman Radtke echoed Councilwoman Ziarko’s comments and wished everyone a happy Thanksgiving. He discovered recently that the 18 Mile Road sidewalk construction is being on hold until next year even though the barrels are in place, and he requested clarification from Mr. Vanderpool. Mr. Vanderpool explained that the barrels are along 18 Mile Road because they had hoped to get the sidewalk in this year. There are pedestrians who walk from the bus route on Van Dyke to businesses near Mound Road, and in some cases, those pedestrians had to walk along the shoulder of the road. He informed that they have now acquired all of the right-of-way, they bid the project out and it is ready to go; however, the snow arrived early, so that project is delayed until spring. He advised that the barricades will remain in place throughout the winter because they want a safe place for pedestrians to walk. He assured they will make sure the snow is cleared on the non-traffic side of the barrels so pedestrians have a clear walkway to get down the entire stretch, adding the installation of the sidewalk will be one of the first projects in the spring. Councilman Yanez thanked Mr. Moore and his staff for their long and difficult work in the recent snow emergency. He stressed how many people it takes to make this city run efficiently. He also extended thanks to Mr. Moore’s staff, noting there were a couple of senior citizens who were blocked in after the Regular City Council Meeting Tuesday, November 19, 2019 Page 36 plow went down their street. Mr. Moore’s staff came and helped get those people out of their driveways. He stated the Farmer’s Almanac predicts a very snowy winter ahead, and asked citizens to keep an eye on their neighbors, adding there are a lot of senior citizens who live in the area and are not able to get out and shovel snow to get out of their driveway. He wished everyone a happy Thanksgiving. Councilwoman Schmidt thanked the Department of Public Works, adding that the plows came through her neighborhood in the middle of the night before the snow emergency, so any cars on the street were plowed in before anyone went to work. She added that a couple of her neighbors reached out to her to let her know they appreciated the plow coming back the next day and clearing the snow for the cars parked in the street. They work long hours during those snow events, and she appreciated their hard work and patience, as well as all of their first responders. She extended wishes for a happy Thanksgiving. Mayor Pro-Tem Sierawski thanked the resident who spoke about his son passing away, adding he was nervous to speak but wanted to thank three major departments that assisted him during the rough couple of weeks he had, and she felt that is heartwarming. She added she is grateful for the work their staff members are doing. She thanked Mr. Sieja for his public service announcements, confirming they need to collect food for the needy during this holiday season. She stated there is availability at the recycling center on 18 Mile Road, adjacent to the DPW offices, where food can be dropped off so it can be Regular City Council Meeting Tuesday, November 19, 2019 Page 37 distributed to the residents who need it. She wished everyone a happy Thanksgiving. Councilwoman Koski wished everyone a happy Thanksgiving. She questioned the website to find out more information on the Iron Belle Trail. Mr. Vanderpool replied that link will be on the main page of the City’s website for the next thirty days, after that it will be moved to the City Development page. Mayor Taylor thanked everyone for indulging him at the beginning of the meeting to show support for the Sterling Heights High School Titans football team. He stated he was not at the last City Council meeting because he was in Richmond, Virginia, presenting at the United States Conference of Mayors Mayors Institute on City Design, but he stated he is pleased he won his reelection and pleased to have all of his colleagues on City Council back, adding it is great to work with them. He felt the City seems to be happy with the current Council, which was reflected with the reelection of all seven incumbent members. Since 2005, there have only been three incumbents who have lost an election, so the Council has been very stable. He stated they have two-year City Council terms in this City, which is not common among comparable cities in the State of Michigan, noting that very few cities have two-year terms. He did not feel two-year terms provide a lot of stability, and even though the same people are getting reelected, there is a lot of uncertainty when there are two-year elections. He felt four-year terms is a better policy and Regular City Council Meeting Tuesday, November 19, 2019 Page 38 is a best practice among cities, particularly the size of Sterling Heights. He requested that City Administration come back and present information confirming that and doing a broader study of comparable-sized cities in the Midwest or throughout the country, and the pros and cons of two-year terms versus four-year terms. Mayor Taylor stated he would like to begin having that discussion because two-year terms mean the members are constantly running for reelection, and he felt that time could be better spent doing the business of being a mayor or council member. He would like to hear what the community thinks, and it would ultimately be up to the community. No one offered objection to Mayor Taylor’s request from City Administration. Mayor Taylor stated there is no rush, but possibly this could be placed on an agenda early next year. He wished everyone a happy Thanksgiving. 13. UNFINISHED BUSINESS There was no unfinished business. 14. NEW BUSINESS There was no new business. 15. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 There was no closed session this evening. 16. ADJOURN Moved by Radtke, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting adjourned at 8:59 p.m. MELANIE D. RYSKA, City Clerk