City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, DECEMBER 3, 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; 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: All. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that the City offices will be closed on Friday, December 13, 2019 for an in-service training day. This will include City Hall, Parks and Recreation Center, Senior Center, the 41-A District Court and the Nature Center. This will have no impact on the refuse schedule. The forty-third “A Sterling Christmas” will be held on Saturday, December 7 from 5:45 to 8:30 p.m. at Dodge Park. They will have all of the festivities, including the tree- Regular City Council Meeting Tuesday, December 3, 2019 Page 2 lighting, music, caroling, visit with Santa, horse-drawn wagon rides, carousel, ice skating and more. He encouraged those attending to bring canned goods, which are donated to nearby shelters. Mr. Vanderpool announced that Dodge Park has been selected as a 2020 Park Design Award winner by the Michigan Recreation and Park Association (mParks), and the formal award presentation will take place during the 2020 mParks Conference & Trade Show in January at the Suburban Collection Showplace of Novi. He noted that the improvements to Dodge Park are phenomenal, and utilization of the park has skyrocketed, adding it is great to see all of the activity during the winter months with the ice rink. Mr. Vanderpool reminded that there are only two weeks remaining to collect leaves out of the yards, pursuant to City ordinance. The ordinance has been in place for years, but there is an increased need for enforcement for safety on sidewalks, and they cannot have leaves clogging the drains and freezing during the winter. The final week of collection is next week, and although they are enforcing it, he assured the vast majority of residents comply and get their yards cleaned up. He stated they will be providing twenty-four hour notices this week, and their contractor will do the work, so he strongly urged everyone to get it done this week. He urged those with some mobility limitation or hardship to contact the City, noting they have a “Shine” program with volunteers that may be able to help them. Mr. Vanderpool concluded his report noting that there is also an on-demand lawn service, LawnGuru, that will Regular City Council Meeting Tuesday, December 3, 2019 Page 3 collect leaves at a charge, but less expensive than what the City will charge. Their app can be downloaded from the City’s website or from the online store. 6. PRESENTATION A. Mayor Taylor stated this is to receive the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2019. He invited the City of Sterling Heights Finance & Budget Director Jennifer Varney and the auditors at Plante & Moran to give a presentation, starting with Ms. Varney. Mrs. Varney presented the results of the 2019 Financial Audit, and she thanked everyone involved, especially Mr. Nick Mackie and the entire finance team. She provided an overview of the audit and summarized the financial results, stating the net position of the City, which represents total assets minus total liabilities, increased over $22 million from the prior year. Most of the increase in Government Activities and is due to the large investments the City has been making into infrastructure, primarily roads and Parks & Recreation facilities. General Fund Revenues totaled $111.7 million, and General Fund Expenditures totaled $109.5 million, which added $2.2 million to General Fund Reserves, bringing the total General Fund balance to $269 million, or 24.6% of expenditures. In 2020 projection is to add an additional $1 million to reserves, bringing total reserves to 26.5% of expenditures. General Fund revenues were within 0.2% of budgeted targets and increased about $11.3 million over the prior year, with the increase primarily due to a $6.5 million increase in property taxes, which was a result from the one-time one-mill increase that was dedicated to road improvements, plus an inflationary increase of 2.4%. They Regular City Council Meeting Tuesday, December 3, 2019 Page 4 had a full year of transport revenue, which increased revenue by $1.7 million. Higher interest rates increased investment income by $1.2 million and increases to the personal property tax reimbursement and revenue-sharing made up the remainder. Total expenditures were 0.8% lower than budgeted, and every City department came in under budget. Expenditures increased by $16.6 million from the prior year, which included a $9 million increased investment in road construction, a $2 million increase in total pension contributions, and a $1 million increase to the Police and Fire system that was over the required amount, a $1.4 million increase in debt service due to the $20 million Facilities Improvement Bond issued in Spring 2018, and a $2.4 million increase in personnel costs due to contractual wage adjustments and step increases. Mrs. Varney reviewed activity in some of the other major funds, including the Major and Local Roads fund, with the revenue totaling over $28 million in 2019. Revenue from the State of Michigan, Act 51 Revenue, totaled $11.8 million, an increase of about $740,000 over the prior year. The City also received a one- time allocation of $1.4 million from the State General Fund. The Safe Streets millage provided $3.3 million for neighborhood road improvements, approximately $90,000 more than the prior year. The General Fund provided an additional $10.5 million to the Major and Local Road Fund. Investment in major roads increased significantly, with actual expenditures over $17.2 million for 2019, including bonded funds, and an additional $20 million included in the Regular City Council Meeting Tuesday, December 3, 2019 Page 5 current budget. Neighborhood road projects totaled $5.3 million, with another $6.6 million of investment in 2020. She explained that, thanks to the renewal of the Safe Streets millage, over 250 additional neighborhood streets will see improvements over the next ten years. Mrs. Varney explained that investment in Parks and Recreation, funded through the proceeds of the ReCreating Recreation millage, continued with over $15 million invested in 2019. She reviewed the highlights of that investment, including the opening of the ice rink, the installation of a new walkway at Rotary Park, the installation of accessible launches along the Clinton River, the groundbreaking on the dog park at Delia Park, and the continuation of construction for the new Community Center scheduled to open in a few months. Mrs. Varney noted the continuation of investments into replacement vehicles, equipment, and new technologies, with actual capital expenditures totaling $6.6 million in 2019. She highlighted the replacement radios for police and fire, a grant-funded video conferencing system for the Fire Department, replacement of the 20-year-old phone system throughout all city buildings, and the purchase of a new fire pumper, two ambulances, ten new police vehicles and a new snow plow. The 2020 budget will see continued investment in equipment and facilities, including renovations at City Hall, the Police department, library and the court, and the construction of a new DPW building. Regular City Council Meeting Tuesday, December 3, 2019 Page 6 Mrs. Varney explained the Water & Sewer Fund experienced a small operational loss of just over $100,000, primarily due to lower usage, which was 4.6% lower than estimated for the budget, and nearly 7% lower than the ten-year average. She stated they have worked to minimize losses in the Water & Sewer Fund over the past three years after experiencing significant losses during the downturn. The current year’s budget is projected to begin replenishing reserves. Mrs. Varney provided an update on the City’s Retirement Funds, noting that the City has continued to prioritize funding of its three retirement plans. The Retiree Medical Plan has increased its funding level 1.9% from last year to 57% funded, and the City remains committed to improve the funding level of this plan, which has increased from 9% in 2008. The funding level of the General Employee’s Pension System decreased to 76% funded, primarily due to the actual rate of return of 5.45% compared to the assumed rate of 7.5%. The Retiree Medical Plan and General Employee’s Pension Plan are both closed to new hires. The funding level of the Police & Fire Plan decreased to 58.5%, primarily due to reduction in the assumed rate of return from 7.75% to 7.5%, and unfavorable actuarial experience. The City is committed to improving the health of this plan and contributed $1 million over and above the required contribution in fiscal year 2019. This is the only plan open to new hires. Mrs. Varney concluded her overview by stating the audit results show that the city budgeting and long-term financial planning is on target. The City Regular City Council Meeting Tuesday, December 3, 2019 Page 7 continues to add to General Fund Reserves and invest in roads and community infrastructure, all while still maintaining the lowest taxes paid per resident when compared to the ten largest Michigan cities by population. The City also has one of the lowest millage rates in Macomb County, with the average homeowner paying $102 per month for all city services. Mrs. Varney introduced Mr. Joe Kowalski, partner from Plante Moran, serving as their independent auditors, noting they have spent the last few months reviewing the City’s financial records and operations, and have issued an unmodified opinion on the Audited Financial Report, which is the highest rating possible. She added that City Controller Nick Makie will follow and present City Council with a GFOA Financial Award received for both the City budget and the financial reports. Mr. Joe Kowalski, partner with Plante Moran, echoed Mrs. Varney’s comments and thanked administration for their cooperation, especially the Finance Department, Mr. Nick Makie and his team. He stated they spent over 1,000 hours conducting the audit, and he introduced Mr. Steve Bondar, Audit Manager, and Mr. Rumzei Abdallah, Senior Associate providing a lot of oversight and leadership to the team. Mr. Steve Bondar, manager on the audit engagement, the Finance team for all of their hard work during the audit process. He explained there are two items included in their audit package, the first being the Audit Opinion. They issued an unmodified opinion, or clean opinion, and is Regular City Council Meeting Tuesday, December 3, 2019 Page 8 the highest level of assurance they can get that their financial statements are materially accurate. He pointed out that, while they do not opine on the effectiveness of the City’s internal controls, any deficiencies would be noted in the End of Audit letter. There were no internal control findings as part of the audit. He credited that to Mrs. Varney, Mr. Makie and their team. The City’s records are impressive and something of which to be proud. Mayor Taylor opened the floor for questions from Council, but there were no questions. He thanked Plante Moran for the work they do on this audit. He explained residents ask how they know the money is being spent in the manner indicated, and he stressed this is the long document with the answers that is prepared each year. He added the City is proud to have incredible people in their Finance Department and their Administration, who take this job seriously, and that they can take comfort in knowing their tax dollars are well- spent and accurately reported. He thanked the representatives from Plante Moran for their report, and he introduced City Controller Nick Makie to make a presentation. Mr. Nick Makie stated the City of Sterling Heights has a long history of excellence in financial reporting, demonstrated by the 30 and 31 consecutive years they have received the Government Finance Officers Association (GFOA) Certificate of Excellence in Financial Reporting as well as the Distinguished Budget Award. These awards represent the City’s commitment to accurate, Regular City Council Meeting Tuesday, December 3, 2019 Page 9 functional and transparent financial reporting and budgeting, and are tangible proof of the City’s financial staff’s dedication, technical expertise and work ethic. Out of more than 1,700 governmental units in the State, only about 100 achieve this recognition for their comprehensive financial report and less than 50 for their budget. The City has once again received these prestigious awards, and he presented them to Mayor Taylor and City Council. Mayor Taylor accepted the awards, crediting Mrs. Varney, Mr. Makie and their team, and he thanked all involved in this audit for their hard work. Moved by Ziarko, seconded by Sierawski, RESOLVED, to receive and file the Comprehensive Annual Financial Report for the fiscal year ended June 30, 2019. Yes: The motion carried. 7. PUBLIC HEARING A. Mayor Taylor stated this is to consider the request by Universal Tool Equipment and Controls, Inc. to amend the final cost of the real property investment made pursuant to Industrial Facilities Exemption Certificate (IFEC) No. 2017-134 at 42409 Van Dyke Avenue. He invited Senior Economic Development Advisor Luke Bonner to give a presentation. Mr. Luke Bonner stated this is an amendment to a previously approved Industrial Facilities Exemption Certificate (IFEC) by Universal Tool Equipment and Controls, Inc. (UTEC). On September 5, 2017, City Council approved a ten- year IFEC for a $5.7 million investment for a 108,000-square-foot manufacturing facility at 42409 Van Dyke. He noted that under State Tax Commission Rule Regular City Council Meeting Tuesday, December 3, 2019 Page 10 54(1), if the total cost of the project exceeds ten percent of the original tax abatement application, the applicant has an opportunity to request an amendment to include the additional investment. UTEC is seeking an amendment to their application resulting from an increase of real property investment of $2.5 million for a total project cost of $7,117,457 due to the growth of business. As a result, there is no increase in the term of ten years, but there is an increase of an additional $100,000 of real estate property taxes to the City of Sterling Heights, which means there is $100,000 of property taxes abated, for a total of $321,000 of new property tax revenue as a result of this additional investment. He invited Mr. Bartolotta to talk about UTEC’s business over the last two years and the need for tonight’s request. Mr. Bill Bartolotta, Vice-President of UTEC, thanked the City for working with them on this fast-track project related to a large program for which they received an order. They had very strict timing in which this had to be completed, and they worked with the City to make that possible. The building has supported the growth of their business tremendously over the last two years and has allowed them to add thirty full-time positions in less than the two years they have been in the building. He added they see more growth in their future, and he thanked the City for working with them on this program. Mayor Taylor opened the public hearing and invited comments from the audience. • Mr. Giulio Russo – no objection to additional tax abatement but felt they should hire Sterling Heights residents. Regular City Council Meeting Tuesday, December 3, 2019 Page 11 Mayor Taylor closed the public hearing. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the resolution approving the application by Universal Tool Equipment and Controls, Inc. to amend the final project cost for the real property investment at 42409 Van Dyke Avenue from $4,660,000 to $7,117,457 in connection with IFEC No. 2017- 134. Councilwoman Schmidt thanked the petitioner for investing into this community. She hoped some of those jobs can go to Sterling Heights residents as well, and she wished him luck. Mayor Taylor echoed those sentiments and thanked the petitioner for their investment in Sterling Heights, particularly in that area of the City. They are focused on this area to improve that corridor. This additional investment is a signal to other businesses and residents that this is a vibrant city and corridor. He hoped some Sterling Heights residents will find employment there, but he stressed the City has a very low unemployment rate, which are signs of a good economy, so they may have to go outside of the city for employees. He thanked UTEC for their continued investment in Sterling Heights. Yes: All. The motion carried. 8. ORDINANCE ADOPTION A. Mayor Taylor stated this is to consider the adoption of an ordinance amending Chapter 53 of the City Code to add Article VIII, entitled “Illicit Regular City Council Meeting Tuesday, December 3, 2019 Page 12 Discharge.” He invited comments from anyone wishing to speak on this item, but no one from the audience spoke. Moved by Sierawski, seconded by Schmidt, RESOLVED, to adopt the ordinance amending Chapter 53 of the City Code to add Article VIII, entitled “Illicit Discharge.” Yes: All. The motion carried. 9. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He invited public comments from the audience. • Mr. Jerry Sieja – regarding Item 9-J; reminded everyone this Strategic Planning Session is an excellent opportunity to find out what is happening in the community. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Special Meeting of November 12, 2019. B. To approve the minutes of the Regular Meeting of November 19, 2019. C. To approve payment of the bills as presented: General Fund - $923,289.61, Water & Sewer Fund - $424,483.04, Other Funds - $3,803,629.33, Total Checks - $5,151,401.98. D. RESOLVED, to purchase elevator repair services from Kone, Inc. 11864 Belden Court, Livonia, MI 48150, at pricing available through the OMNIA Partners / National IPA Cooperative Request for Proposals, contract #EV2516, in the amount of $152,250, and authorize the City Manager to sign all required documentation. E. RESOLVED, to waive the competitive bidding requirement pursuant to City Code §2-217(A)(9)(1) and purchase a Honeywell Farenhyt Fire Alarm Control Panel, with accessories and installation services from Weber Security Group, Inc., 95 South Rose Street, Suite A, Mt. Clemens, MI 48043-2187 at a cost of $18,472.20. F. RESOLVED, to approve: (a) The Administrative Services Contract with Blue Cross Blue Shield of Michigan for the period January 1, 2020 through December 31, 2020, with monthly fees of $62.29 per employee/retiree contract Regular City Council Meeting Tuesday, December 3, 2019 Page 13 for administration, and $82.17 per employee/retiree contract for specific stop loss insurance at $250,000 for the self-insured retention; and (b) Authorize the City Manager to sign all documents required in conjunction with this approval upon review and approval by the City Attorney. G. RESOLVED, to approve payment of the nuisance abatement invoice from Optimum Contracting Solutions LLC, 2211 Devonshire Road, Bloomfield Hills, MI 48302 for the roof replacement at 37627 Jerome Drive in the amount of $10,735. H. RESOLVED, to accept the proposal by GovHR USA, LLC for a Police Department Manpower Study at a cost of $16,700 and authorize the City Manager to sign all required documents on behalf of the City. I. RESOLVED, to approve final payment to ML Chartier Excavating, Inc., 9195 Marine City Highway, Fair Haven, MI 48023, in the amount of $90,000, plus interest on retainage, for Canal Road Reconstruction, Van Dyke Avenue to Saal Road, City Project #16-284 and Van Dyke Avenue Resurfacing, M-59 to Bridge over Clinton River, City Project #18-313. J. RESOLVED, to schedule a special meeting of the City Council for a strategic planning session on Tuesday, January 28, 2020 at 6:30 p.m. and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. K. RESOLVED, to receive the lawsuit, Mark Dodge v City of Sterling Heights, 41A District Court Case No. S-19-4550-GZ. Yes: All. The motion carried. 10. CONSIDERATION A. Mayor Taylor stated this is to consider a First Amendment to Planned Unit Development Agreement for “The Reserves,” a thirty-five (35) unit, single- family residential development on the west side of Ryan Road, north of 19 Mile Road, PPCM-1192. He invited City Planner Chris McLeod to give a presentation. Mr. Chris McLeod stated this is the proposed First Amendment to the Planned Unit Development Agreement for “The Reserves.” He explained Units 13 and 15 are the subject for this amendment. The applicant has come back requesting relief on two setbacks, the first being Unit 13 for a front-yard setback of just Regular City Council Meeting Tuesday, December 3, 2019 Page 14 over one foot, which would push the building slightly closer to the roadway and would allow for the house to maintain its required rear yard setback to the north, which is Timber Ridge. He depicted a plan of the overall development, showing where Lot 13 is located, and added that Timber Ridge Subdivision is the existing subdivision to the north. The applicant seeking these variances wants to maintain the current architecture in the main model unit on all of these units and they are having trouble fitting it in under current setback provisions. The setback for Lot 13 would have no outward impact on any of the abutting residences to the north. The applicant is seeking an approximate four- foot variance for the rear yard setback on Lot 15 to allow an additional room to extend off the back of the building and keeping the consistent model unit. It would allow for this projection, not for the entire building but only for a singular room measuring about 14 feet in width. This would not affect any of the exterior dwellings in the area that are already constructed. This lot abuts the six planned single-family units that are not part of this section of the development but are also part of “The Reserves” development to be constructed at a later date. He showed renderings of the product being constructed, being single-family high-end homes built basically for empty nesters, measuring about 2,000 square feet with all the amenities. The setbacks were originally locked in from the original PUD agreement, so to seek relief they do not go to the Zoning Board of Appeals like a normal subdivision but they have to come back to City Council for amendment to the Planned Unit Regular City Council Meeting Tuesday, December 3, 2019 Page 15 Development. He added they are able to seek the normal relief that a traditional subdivision would receive, called a “tolerance provision” which allows for a six-inch tolerance to the setbacks. Every house within the City receives that, so that was worked into the PUD agreement. He offered questions. Mayor Taylor opened the floor for comments from the public, but no one from the audience spoke. Moved by Yanez, seconded by Ziarko, RESOLVED, to approve the First Amendment to Planned Unit Development Agreement between the City of Sterling Heights and Ryan 19 Investments, LLC and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. Mayor Taylor appreciated the petitioner being here tonight. He felt the request is straightforward, and this is a first-class development. He stressed the petitioners have gone the extra mile to make sure the retention pond worked in conjunction with the neighbor’s pond. He felt this is a great product and he appreciated the petitioner’s commitment to this community. Yes: All. The motion carried. B. Mayor Taylor stated this is to consider appointments to City of Sterling Heights Boards and Commissions. He invited comments from the general public, but no one from the audience spoke. Mayor Taylor stated there are two boards that require appointments tonight, with the first being the Local Development Finance Authority (LDFA), which Regular City Council Meeting Tuesday, December 3, 2019 Page 16 has been postponed a number of times. He stated he has an appointment this evening, and spoke with Mr. Howard Sizemore, who is a resident looking to be more involved in the community. He has an engineering background and is passionate about development, expressing his desire to serve on the LDFA. Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Howard Sizemore to the Local Development Finance Authority to a term ending June 30, 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 it appears everyone who was on file for the Youth Advisory Board has been appointed. City Clerk Ryska replied all the applications they have on file have been appointed. They do not have any outstanding applications. She explained it was on the agenda because it was previously postponed by Council, and she recalled they originally intended to put this on the agenda only when they had new applicants. Mayor Taylor suggested postponing this for a month. He questioned whether they have heard back from Dr. Livernois, noting he was going to get them some names. Councilwoman Schmidt stated she had a conversation with Mr. Craig Miller, the principal at Sterling Heights High School, and he has some students who are interested. With the holidays and mid-term exams approaching, she felt this Regular City Council Meeting Tuesday, December 3, 2019 Page 17 could be postponed to sometime in January. She assured she will contact him again to try to get more students involved. Mayor Taylor recommended they postpone this to the second meeting in January, which would be January 21, 2020. Moved by Schmidt, seconded by Ziarko, RESOLVED, to postpone the appointments to the Youth Advisory Board to the January 21, 2020 regular City Council Meeting. Yes: All. The motion carried. 11. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from citizens. • Mr. Giulio Russo – volume and speed of cars on Merrill Road; opposed to the 24-hour notification for violation of the leaf ordinance; noted concerns about code enforcement. • Mr. Jerry Sieja – number of police officers who have been shot in the line of duty; hoped people curb the violence; suggested random acts of kindness; thanked all involved on recent repairs and upgrades to Upton House; commended Parks & Recreation on amazing job they do with the parks, including lights and ice rink at Dodge Park; wished everyone a safe Christmas. • Mr. Charles Jefferson – economic help for students to receive paid college education; questioned plan for maintenance of dog park; questioned if there will be any notification for residents if a dog at the dog park becomes ill. • Ms. Jazmine Early – congratulated winners of recent election; noted concerns about code enforcement; encouraged streets to have Christmas light contests to bring neighbors together; encouraged residents to find out who is in need in their neighborhoods and help them; wished everyone a Merry Christmas. 12. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to the inquiry regarding the dog park, which will officially open next spring. Over the winter months they will be advertising all Regular City Council Meeting Tuesday, December 3, 2019 Page 18 of the rules and regulations of the dog park, adding that there are thousands of similar parks across the country, so they are well aware of the best practices with respect to operating a dog park. There will be more information to come out on the dog park. He stated that code enforcement efforts, which are mostly proactive, also occur because of complaints they receive from residents across the city. He indicated that, because of their proactive and cutting-edge code enforcement program in the City, as well as their “Shine” program, Sterling Heights property values continue to increase and have gone up 40% over the years, due in large part to good code enforcement across the City. The vast majority of residents appreciate this program based on the statistically valid surveys they do across the community, adding that code enforcement always comes up as one of the top initiatives on which they need to continue to focus. Mr. Vanderpool requested that if Ms. Early or Mr. Russo have any specific information about any detailed code enforcement cases where a code enforcement officer may have been less than pleasant, he urged them to contact him with that information and the City will be happy to follow up on it. Mr. Kaszubski stated he has nothing to report this evening. Councilman Yanez questioned what type of training or preparation provided to the City’s code enforcement officers before they go out on the job, and he further questioned how they are trained to approach citizens and specific issues. Regular City Council Meeting Tuesday, December 3, 2019 Page 19 Mr. Vanderpool replied that employees go through important customer service training on a regular basis. When dealing with infractions, the recipient of one of those code enforcement warnings is generally not very pleased, and may not like the approach of the individual involved in issuing the citation. There is no good way to deliver the news that something a resident or business is doing is against city ordinances and needs to be corrected. In the case of code enforcement, he assured they always give a seven-day warning in cases involving property maintenance like painting or shrubbery trimming. He added that a 24-hour violation can be issued in the case of overgrown grass, and that is only after the grass is six inches or longer. Sidewalk clearings are also handled with the 24-hour notice because of the safety factor. In the case of painting, they will often provide thirty to ninety days extension, or if it is in the winter, they give an extension to spring or summer, noting their primary objective is compliance and not the fining of individuals. Mr. Vanderpool assured the City does not receive a lot of complaints with regard to customer service, and when they do, it typically comes from a handful of individuals who, in most cases, are habitual offenders. Most of their code enforcement officers have a great deal of training and interacting with the public, and in some cases, their code enforcement officers are retired police officers who are very well-versed in dealing with individuals in difficult situations. This does not mean they cannot improve, and he indicated if anyone has specific instances with details, he Regular City Council Meeting Tuesday, December 3, 2019 Page 20 welcomed those individuals to contact him and the specific cases will be followed up. Councilman Yanez felt the concerns they heard from the citizens are valid because he gets complaints. He realizes in a city of this size, a handful does not seem like a lot. He stated there was a constituent who expressed concern that he would get notification of leaves in the street that were a result of recent snow plowing that pushed those leaves into the street. Due to his previous experience with code enforcement, he is concerned about the outcome. Councilman Yanez stated he received a photograph of a code violation issued for weeds, yet they were not weeds but rather stalks from planted flowers in his flower bed. He appreciated the code enforcement officers keeping the City clean, but he felt they need to know how to deal with the citizens. He agreed this needs to be looked at to make sure their code enforcement officers are being customer-friendly and providing great customer service to help people. Mayor Pro-Tem Sierawski agreed with Councilman Yanez and Mr. Russo, stating she had a neighbor with a mentally-challenged daughter who was very frightened of the lawnmower; therefore, her neighbor would only mow the lawn once a week when she could send her daughter to her ex-husband’s house. Her neighbor was written up by code enforcement and her neighbor claimed the grass was not even six inches high. She questioned the City’s process when a resident has a complaint about an ordinance officer. She cited the example of when someone complains about one of her nurses, she moves Regular City Council Meeting Tuesday, December 3, 2019 Page 21 that nurse and puts another nurse on the case, and that does not mean the nurse was doing anything incorrectly, but sometimes it is the better practice to get a fresh perspective. She questioned whether they can do something like that when a resident has the perception that they are being targeted. Mr. Vanderpool explained they try to assign code enforcement officers in designated areas so they can learn those areas and properties well, although there is some rotation, especially when there is a turnover. He urged anyone to let the City know if they are being issued a violation for a situation that does not exist, such as the grass not being in excess of six inches. He assured they will make sure they have a second inspection and if called, they will respond within a couple of hours if not sooner when they have those situations. When they have a complaint from a resident or business, they thoroughly investigate. The director works directly with the code enforcement officer to see exactly what went wrong and how it could have been better handled. They deal with thousands of code inspections every year that are applicable to a small percentage of properties across the city, and they receive very few complaints. He assured that, after the meeting, he will get the details from Councilman Yanez and Mayor Pro-Tem Sierawski as to the specific instances, and he will look into it. Mayor Pro-Tem Sierawski commended all involved in the beautiful improvements to the Upton House, noting she has never been inside the building before this evening. She felt the Upton House is a nice showplace for Regular City Council Meeting Tuesday, December 3, 2019 Page 22 the City. She congratulated the Historical Commission and Ms. Tammy Turgeon, who is their liaison. She indicated it will be open to the public during A Sterling Christmas, and she urged people to go and see it. She agreed with Ms. Early that it is important to reach out to other residents in need, and she recommended Toys for Tots, which was established in 1947, and they have been collecting toys throughout the United States. She noted their two large collection locations in Sterling Heights are Great Lakes Hobby and Toys, on Van Dyke just north of 19 Mile, and Big Toys at 14 Mile and Mound. She urged residents to donate toys at these locations. Councilwoman Ziarko received a call from a resident who routinely goes to the recycling center at 15 Mile and Baumgartner, and he had explained there are two bins specific for plastic bags but was concerned because those bins were dumped in a dumpster. Councilwoman Ziarko questioned how plastic bags should be recycled, noting she takes hers to a soup kitchen so they can be reused and there are other organizations that collect them and use them to make sleeping mats for the homeless shelters or warming shelters. She would like someone to look into why they ended up in a dumpster if there were two containers to collect them. Councilwoman Ziarko referred to Friends of Foster Kids, located on Van Dyke, and stated it is overwhelming to see the generosity from the people in the community and the different organizations that have made donations of toys and clothes for this cause. She indicated there is a mountain of gifts that need Regular City Council Meeting Tuesday, December 3, 2019 Page 23 to be wrapped and urged residents to team up into groups of two to volunteer to wrap those gifts, adding the organization is willing to take residents on tours to show them what they do. She provided a brief history of the organization, noting it started out helping forty children, and it has grown to now helping over 2,000 children. Councilwoman Ziarko mentioned the upcoming census and how important it is that everyone is counted. She understood there are people who are apprehensive about providing information, and she hoped when they have the workshops, they will be able to have internet facilities available so when people come to the workshop, they can be counted if they are fearful of filling it out on their own computers. She hoped they will be talking about the census soon. Councilwoman Schmidt reminded everyone about Sterling Christmas on Saturday, and encouraged those attending to bring canned goods. She commented that the skating rink is such a fantastic amenity in the community, and people can now enjoy Dodge Park year-round, adding it is free for residents. She encouraged residents to enjoy all of the festivities the City offers. Councilwoman Koski recently received a call about the recycling center on Clinton River Road overflowing with recycling materials. She questioned whether they can request an extra bin for cardboard and paper, noting that Christmas is coming up and the recycling of those items may increase as a result. She stated she received a call requesting a direct number for animal control in the event there are animals that have been hit and are deceased on Regular City Council Meeting Tuesday, December 3, 2019 Page 24 the road. She questioned what residents are supposed to do, and whether there is a direct number for them to call. She further inquired as to whether those numbers are advertised on the local cable channels. She commented that the Upton House is gorgeous and a proud possession of Sterling Heights. She questioned whether they will be advertising the hours for which the house will be open for tours. Councilman Radtke stated he recently walked through a new subdivision in Sterling Heights located on Maple Lane, between 14 Mile and 15 Mile Roads, and was surprised to see almost no trees along the street or in the front yards. He questioned whether an inspector goes out to make sure the developers are adhering to the tree ordinance. Mr. Vanderpool replied affirmatively, noting they inspect all of the developments as they are being built. Once they are completed, the Tree Preservation Ordinance requires that 37% of the tree species allowed be preserved or that the developer pay into a fund. He assured that close-out has to happen with every development. He will report back to the Council on the 37% threshold with regard to this particular development, and what percentage, if any, went into the Tree Preservation, noted that it could be the required 37% were planted in an open space that does not appear to be directly connected with the development. He is aware of interest in enhancing the Tree Preservation Ordinance, and that will be a topic of discussion in their Strategic Planning coming up in January. Regular City Council Meeting Tuesday, December 3, 2019 Page 25 Councilman Radtke hopes to strengthen the tree ordinance and require more trees to be put both on the street and on lawns. There is a lot of new construction, and he referred to a new subdivision at 15 Mile and Maple Lane, where they have already cut down a lot of trees. He commented on earlier comments by Councilman Yanez and Mr. Russo, noting he fully supports the code enforcement efforts in Sterling Heights. He added that keeping property values up and making sure everyone is following the same rules was a common concern brought to him by residents in conversations as he was campaigning. If someone is being mistreated, they can handle the situation, but he commended the code inspectors overall for doing an awesome job with over 43,000 properties in Sterling Heights, with very few complaints and violations, and increased property values. Mayor Taylor stated he number one complaint he gets from residents is that the City needs more code enforcement officers, and the number two complaint is that they do too much code enforcement. For those who have received violations, it is not necessarily a pleasant experience and there is often disagreement as to whether or not there is a violation. He assured they will tweak the ordinance in places where that is necessary. Mayor Taylor referred to Zeke, a resident of the City and big supporter of the Police Department who just turned five years old, and a heartwarming story about the Police Department and him on a recent video that can be viewed on the City’s Facebook page or on Channel 4’s website. The Police Department Regular City Council Meeting Tuesday, December 3, 2019 Page 26 went above and beyond to show up to Zeke’s birthday party, adding they had taken up a collection and bought him a battery-operated vehicle, a uniform and a badge. Mayor Taylor commended the Police Department, and he expressed his pride at the great job the Police Chief and his entire team did to exude the Christmas spirit brought up tonight. 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 Ziarko, seconded by Schmidt, to adjourn the meeting. Yes: All. The motion carried. The meeting adjourned at 8:24 p.m. MELANIE D. RYSKA, City Clerk