City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JANUARY 7, 2020 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 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 stated that, in recognition of Martin Luther King Jr. Day, the City offices will be closed for business on Monday, January 20, which is the day before the next City Council meeting. This will not affect the refuse collection schedule. Mr. Vanderpool noted the recent discussion about the railroad crossing on 15 Mile Road and announced the good news from MDOT that funding has been fully approved to install a new crossing at 15 Mile Road, between Van Dyke and Regular City Council Meeting Tuesday, January 7, 2020 Page 2 Mound. The work is scheduled to be done between spring and fall of this construction season, although the exact dates are not yet known. Mr. Vanderpool stated the Macomb County Warming Center will be open in Sterling Heights at St. Blasé Catholic Church from January 19 through January 26, and it will then move to Utica United Methodist Church, also in Sterling Heights, from January 26 through February 2. He urged people to pass this information on to those in need. The center then rotates around Macomb County throughout the winter months, and more information can be found on the Macomb County Warming Center’s webpage. Mr. Vanderpool stated that, at the conclusion of tonight’s agenda, he is requesting the City Council convene in a Closed Session pursuant to Section 8(h) of the Open Meetings Act for Council to consult with the City Attorney regarding a confidential written legal opinion. He added that concludes his report. 6. PRESENTATION A. Mayor Taylor stated this is a Nice Neighbor Award Presentation, and he added that he has the honor of handling this tonight. Mayor Taylor explained the Nice Neighbor program honors homeowners and businesses who improve the quality of life for their neighbors. He announced the Community Relations Department is proud to present Mr. Frank Lalama, of Vanguard Realty Group, recognition as a recipient of this award. Mayor Taylor provided some background on Mr. Lalama, noting he is a former resident who grew up in the City of Sterling Heights, graduated from Sterling Heights High Regular City Council Meeting Tuesday, January 7, 2020 Page 3 School where he was pitcher of the baseball team, attended Wayne State University and pitched on their baseball team as well. Mr. Lalama believes that being a student athlete teaches life lessons and he credits a lot of his success, both personally and professionally, to athletics, so he wanted to give back to the community where he grew up by getting in touch with the high school to sponsor a couple of students to attend the Alan Trammell & Lance Parrish Baseball Camp at Wayne State University. Mayor Taylor presented Mr. Frank Lalama with the Nice Neighbor Award. Mr. Lalama thanked the City for the award, and he introduced the two brothers whom he sponsored to attend the baseball camp. Mr. Lalama explained he contacted Coach Emanuele from Stevenson High School to find a few students who show good academic performance and who also have a commitment to athletics, and these two students came to his mind immediately. He stated he was pleased to be able to go full circle and give back to the school and community where he grew up. Mayor Taylor thanked Mr. Lalama. 7. ORDINANCE ADOPTIONS A. Mayor Taylor stated this to adopt the first amendment to the Appropriations Ordinance for the 2019/20 fiscal year. He opened the floor for comments from the audience. • Ms. Linda Godfrey – Senior Citizen Home Chore Program and Single Parent Education Program, both under Community Development Block Grant Fund Budget; next budget should include more funding for Home Chore Program. Regular City Council Meeting Tuesday, January 7, 2020 Page 4 Moved by Ziarko, seconded by Sierawski, to adopt the first amendment to the Appropriations Ordinance for the 2019/20 fiscal year. Yes: All. The motion carried. 8. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He invited public comments from the audience. • Ms. Linda Godfrey – concerned with Item 8-H and proposed contract; questioned state-imposed tax on EMS runs. • Mr. Giulio Russo – questions about Item 8-C and why part is covered by taxpayers; questioned Item 8-H and why study is needed. • Mr. Thomas Neil – requested clarification on Item 8-B; questioned Item 8-C and whether there is a list of appropriate trees; concerned about dead trees in parks that need replacing. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of December 17, 2019. B. To approve payment of the bills as presented: General Fund - $812,689.51, Water & Sewer Fund - $270,109.41, Other Funds - $2,077,562.02, Total Checks - $3,160,360.94. C. RESOLVED, to award the bid for the purchase and planting of street trees to Crimboli Nursery Inc., 50145 Ford Road, Canton, MI 48187, for the period April 1, 2020 through December 31, 2020, at unit prices bid. D. RESOLVED, to reject the sole bid received for Public Works Facility Lift Project, ITB-SH19-070, and authorize the Office of Purchasing to proceed with a re-bid. E. RESOLVED, to approve State Trunkline Maintenance Contract #2019- 0781 and Letter of Understanding for the maintenance of Van dyke (M- 53) and Hall Road (M-59), designate Public Works Director Michael Moore as Maintenance Superintendent, and authorize the City Manager and city Clerk to sign all documents required in conjunction with this approval on behalf of the City. F. RESOLVED, to purchase extended software maintenance services and hardware warranty for the WatchGuard in-car video camera systems from WatchGuard Video, 415 Century Parkway, Allen, TX 75103, at a total cost of $22,871. Regular City Council Meeting Tuesday, January 7, 2020 Page 5 G. RESOLVED, purchase Federal brand police ammunition from Kiesler Police Supply, Inc., 2802 Sable Mill Road, Jeffersonville, IN 47130, at unit pricing available through the State of Michigan cooperative bid for the duration of MiDeal contract #071B6600124. H. RESOLVED, to accept the proposal by Matrix Consulting Group, 1650 S. Amphlett Boulevard, Suite 213, San Mateo, CA 94402, for a Fire Department manpower and service impact study and authorize the City Manager to sign all required documents on behalf of the City. Yes: All. The motion carried. 9. CONSIDERATION A. Mayor Taylor stated this is to consider the introduction of a map amendment to Zoning Ordinance No. 278 to conventionally rezone property situated on the south side of Utica Road, west of Hayes Road, in Section 24, from R-60 (One-Family Residential District and FP (Floodplain District) to RM-3 (Multiple-Family Mid and High Rise District); Case PZ19-0006 – Saxon Park. He invited City Planner Chris McLeod to give a presentation. Mr. Chris McLeod stated the potential introduction for the conventional rezoning for Saxon Park is before Council this evening; however, he received the information yesterday that the applicant requested an indefinite postponement of this request. He explained that since the request for postponement has been made by the applicant, it is up to Council as to whether they want to grant that request. If Council would like him to proceed with the presentation, he will do so but wanted them to know the request for indefinite postponement has been made. Mayor Taylor opened the floor for comments from the audience. • Ms. Linda Godfrey – concerned about projects in wetland areas; urged them to be very conscious of what they are approving. Regular City Council Meeting Tuesday, January 7, 2020 Page 6 • Mr. Charles Jefferson – concerned about traffic in the area; suggested traffic study before further consideration of this item. • Mr. Thomas Neil – felt natural habitats and environments should be preserved. • Resident of Sterling Heights – concerned about building in a wetland that could cause flooding issues for other residents in the future. • Mr. Jerry Sieja – questioned number of acres of this property, how many are buildable; questioned width of parcel; recalled a former proposal for Kroger’s at that location. Moved by Koski, seconded by Ziarko, RESOLVED, to indefinitely postpone, at the petitioner’s request, consideration of the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the south side of Utica Road, west of Hayes Road, in Section 24, from R-60 (One-Family Residential District and FP (Floodplain District) to RM-3 (Multiple Family Mid and High-Rise District); Case PZ19-0006. Councilwoman Koski requested an explanation as to why this postponement is being requested. Mr. McLeod explained the issues raised by the residents this evening were some of the exact issues that were discussed extensively at the Planning Commission meeting. He stated that for rezonings, the Planning Commission makes a recommendation to City Council. The applicant heard those comments being made at the Planning Commission and specifically in their request for postponement, they addressed the fact that they want to further look at the wetland issues and other hydrological issues on site, so they would like the time and ability to review them and how they may or may not impact their proposal going forward. Regular City Council Meeting Tuesday, January 7, 2020 Page 7 Councilwoman Koski noted the recommendation from the Planning Commission was for denial of the rezoning, so she felt they will have to do some work if they expect move forward in the future with that property. Councilwoman Ziarko questioned the difference between “postponing” and “postponing indefinitely” and whether that affects who can bring this back to a future agenda. Mr. Kaszubski replied that a motion to postpone to a specific date is one way to handle this. A motion to postpone indefinitely provides city administration the latitude to bring it back to Council when the petitioner is ready, and the petitioner has that opportunity to bring it back. He explained that, depending upon how long they take for their study, this particular request may or may not come back. Councilwoman Ziarko thanked Mr. Kaszubski for providing an explanation on the difference because she felt there are most likely people who will be watching agendas to make sure this comes back. She wanted those people to understand that although it is being postponed, there is a chance it will not come back. Councilwoman Schmidt questioned whether the neighboring property owners would receive notification of the date and time of the meeting if this comes back to Council, and whether notification of the proposed rezoning would be posted on the property. Regular City Council Meeting Tuesday, January 7, 2020 Page 8 Mr. Kaszubski replied that, because this is a conventional rezoning, he did not believe there would be a notice mailed to the residents, but it would be a normal Council agenda item that would be posted in its normal course. Yes: All. The motion carried. B. Mayor Taylor stated this is to consider nominations to City of Sterling Heights Boards and Commissions. He opened the floor for public comments, but no one from the audience spoke. Mayor Taylor stated there are three openings this evening, with two of those being on the Planning Commission. The first is to a partial term ending June 30, 2021. He stated he would like to nominate Pashko Ujkic, who is a member of the Zoning Board of Appeals. He indicated he would serve as the liaison member between Planning Commission and the Zoning Board of Appeals. He asked Mr. Ujkic if he would be willing to serve in that capacity, and he assured he would like to do so. Moved by Radtke, seconded by Sierawski, on the Mayor’s recommendation, RESOLVED, to nominate Pashko Ujkic for consideration as an appointee to the Planning Commission at the January 21, 2020 regular City Council meeting. Councilman Radtke recalled the individual who had previously resigned from the Planning Commission was the Zoning Board of Appeal’s (ZBA) liaison to the Planning Commission, so he questioned whether they have to appoint a current member of the Planning Commission to be the current liaison. Regular City Council Meeting Tuesday, January 7, 2020 Page 9 Mayor Taylor explained the answer is no, pointing out that this is a Planning Commission appointment, so they do not need to appoint someone who is on the ZBA. He confirmed that they are required to have one member serve on both the Planning Commission and the Zoning Board of Appeals, but since there is a ZBA opening, they could appoint the new ZBA member, who would be a new member to both the ZBA and the Planning Commission. Mayor Pro-Tem Sierawski stated she knows Mr. Ujkic, who has served for some time on the Planning Commission, is a very active member of the community, he worked a lot “behind-the-scenes” for this community, and she was confident that he will be great in this position. Yes: All. The motion carried. Mayor Taylor stated the second Planning Commission opening is for a partial term ending June 30, 2020. He indicated he spoke with Mr. Nathan Inks, a resident who is an attorney, works as a Clerk for Justice David Viviano and a member of the City’s Solid Waste Commission. He expressed an interest in serving on the Planning Commission, and Mayor Taylor felt he would make a great addition. Moved by Schmidt, seconded by Radtke, on the Mayor’s recommendation, RESOLVED, to nominate Nathan Inks for consideration as an appointee to the Planning Commission at the January 21, 2020 regular City Council meeting. Councilman Radtke stated he knows Mr. Inks is an excellent attorney, and he is confident Mr. Inks will do a great job on the Planning Commission. He had Regular City Council Meeting Tuesday, January 7, 2020 Page 10 indicated he wanted to get more involved in the City, and this is a great opportunity. Mayor Taylor stated he had a very productive meeting with Mr. Inks and feels he will make a great addition to the Planning Commission. Yes: All. The motion carried. Mayor Taylor stated there is one opening for the Zoning Board of Appeals, which is a partial term ending June 30, 2020. It is a City Council appointment, so he requested nominations. There were no nominations, so Mayor Taylor requested this be postponed to the January 21, 2020 regular City Council meeting. Moved by Ziarko, seconded by Taylor, RESOLVED, to postpone the nomination to the Zoning Board of Appeals to the January 21, 2020 regular City Council Meeting. Yes: All. The motion carried. 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from citizens. • Ms. Linda Godfrey – Riverland Bridge in disrepair; pole-mounted traffic light not operating at Delco and Canal; questioned Parks & Grounds budget moved from DPW to Parks and Recreation. • Ms. Denni Middleton, southeast Michigan Communities Coordinator for Welcoming Michigan (part of Michigan Immigrant Rights Center and Welcoming America) – expressed support for County’s recent decision to welcome and resettle refugees; thanked City of Sterling Heights for past and continued support. • Ms. Carole Chi, resident of Sterling Heights since 1981 – Dana Nessel speaking in Sterling Heights on January 30 from 7 to 9 p.m. at UAW Local 228 on Fems for Democracy. Regular City Council Meeting Tuesday, January 7, 2020 Page 11 • Resident who manages employment department for refugees – in agreement of County’s support of refugees; concerned that some are in opposition; believes refugees and immigrants are good for the community. • Mr. Giulio Russo – commended Police Department for catching thieves in his neighborhood; felt they need to invest more money in the Police Department to keep this community as nice and safe; appreciated effort on their behalf to set up meeting regarding concerns on Merrill Road. • Mr. Charles Jefferson – requested metal detectors at entrances to City Hall and other public buildings; hiring of minorities. • Mr. Jerry Sieja – proud Sterling Heights has always been a welcoming community; appreciated meeting with Mr. Langlois who explained the reason for many of the expenses in ReCreating Recreation; apologized for his previous opposition to Community Center. • Ms. Donna Hirmiz-Abro – immigration and refugees in Sterling Heights and their need for help; questioned the size of the new apartment complex for immigrants; suggested renaming “Sterlingfest” to “Diversityfest”. • Mr. Thomas Neil – dangerous curves in road along Schoenherr near 17 Mile; suggested a yellow blinking light to warn motorists of traffic ahead; road conditions in front of Freedom Hill on Metropolitan Parkway. • Mr. John Matthews – pleased to see support for refugees who have endured so much; admire their perseverance; proud of the diversity of this community. • Ms. Sue Kattula – opposed to the negativity on behalf of some regarding immigrants; no one would be here if it were not for immigrants; felt refugees are contributing members of society. • Ms. Jazmine Early – immigrant from South American, a citizen and proud to live in this safe community; concerned about hatred; felt the city should put the citizens first and opt out of refugee resettlement program for now; concerned about Macomb County becoming a sanctuary county for illegal immigrants. Regular City Council Meeting Tuesday, January 7, 2020 Page 12 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool addressed the question of permitted trees in the City and stated that anyone wanting that information can go online and get a list of all trees that are permissible and that have been widely promoted by the City. He stated they are increasing their tree canopy, and he provided statistics since 2015, where they planted 210 trees. That number increased significantly over the years, with 562 in 2018, 700 in 2019 and an estimated 1,100 in 2020. Mr. Vanderpool addressed the concern about the condition of Metropolitan Parkway, which is a county road. He stated they have some improvements planned but he will have to check the specific area. Schoenherr is also a county road, and the last segment of Schoenherr will be done starting late spring or early summer. Over a seven-year period of time that has been occurring and will continue for the next few years, the City will be investing over $400 million in various roadway improvements, including roads in neighborhoods, so he felt it is an understatement to say the City has not been making steady progress in road improvement. Mr. Kaszubski stated there is one item for discussion in the Closed Session this evening. Councilman Yanez thanked Mr. Neil for bringing his attention to the dead trees in Chapelle Park at the end of last August. He recalled responding to Mr. Neil on September 18, after having a conversation with Mr. Langlois, to let him know they could not replace the trees last spring because of heavy rain but will address it this spring. Regular City Council Meeting Tuesday, January 7, 2020 Page 13 Mr. Yanez addressed Mr. Jefferson’s concern about the city employees reflecting the make-up of the City, and he assured that, while they agree and are serious about it, they can only select from the applicants who apply. He agreed with the positive comments about Great Lakes National Cemetery, noting one of his friends, a former firefighter, died of cancer he contracted while protecting the refugees in Bosnia in the early 2000’s, and he is buried in that cemetery. He expressed support of the refugees and proud this is a welcoming state, county and city. Councilman Yanez questioned the status of Utica Road, which is in bad shape. Mr. Vanderpool replied that Utica Road will be resurfaced from Hayes to Schoenherr during this construction year. Councilman Radtke agreed with Councilman Yanez with regard to refugees, he noted that his grandfather came from Sicily in 1947 following World War II. He felt that Sterling Heights is the best place for people to move and the City has compassion for refugees that are resettling from war torn areas. Studies show immigrants become productive citizens and give back more than they take and even stem population loss form people moving to other places. He noted that one-third of the City is foreign born and Sterling Heights has one of the most diverse populations. He commented that a lot of the information on social media is false and refugees will not harm our community. He does not understand the amount of unfounded hatred toward refugees and expressed support for being a welcoming community. Regular City Council Meeting Tuesday, January 7, 2020 Page 14 Councilwoman Ziarko stated Ms. Kattula’s comments inspired her, and she provided some background on her family, with her dad of Polish descent having eight brothers and sisters who all married people of other nationalities, so she grew up in a very diverse family. Of her 29 cousins on the one side of her family, she named many of their professions, adding that the country is better because of immigration. She emphasized that the letter of support from the County has nothing to do with illegal immigrants but is all about legal immigrants coming into the country through the portals that have been established. She stated she does not understand the anger involved. She mentioned the upcoming census, noting that she wants everyone to be counted. Councilwoman Schmidt noted the refugee resettlement program has been in place for many years and is not new. She recalled an influx of refugees a few years ago who came throughout the Detroit metropolitan area, and that was much larger than the influx coming in now. She could not understand why one letter has sparked all of this outrage and fear, adding they have not seen an influx of crime but instead are providing a safe community for these refugees so they can also enjoy the safety of this community. She stressed these immigrants, many of them children, have been through horrific conditions in their countries and are seeking a safe community where they can live, worship, work and go to school. She felt that people are more alike than they are Regular City Council Meeting Tuesday, January 7, 2020 Page 15 different, and residents here need to keep an open mind and be accepting. She is in full support of continuing the program. Councilwoman Schmidt thanked Mr. Vanderpool for the work he did on making sure the improvements at the intersection of Moravian and Schoenherr have been completed, and she looks forward to this spring when the new traffic light will be installed. Mayor Pro-Tem Sierawski expressed disbelief that in 2020, legal immigration is trying to be portrayed as something to be feared. She blamed social media for a lot of the false information and suggested those posting that information need to stop. She stated her grandparents were immigrants, and her parents were fortunate to be the first generation to graduate from college. She felt if immigrants were not welcome to be here at that time, there would be no one here now. She stressed this is not about illegal immigrants but rather that legal immigrants can come and live in a safe community. She stated her relatives were fortunate to only flee poverty and famine and did not have to flee war, like some of the current immigrants have had to do. She was opposed to anyone in this country feeling they are better than someone else only because they “got here first.” Councilwoman Koski provided background on some of her ancestors who settled in the Upper Peninsula in the late 1880’s, working as fishermen, lumberjacks and farmers. She has been on City Council for thirty years, and when she was first elected, this community was comprised mainly of Polish, Regular City Council Meeting Tuesday, January 7, 2020 Page 16 Italians and Germans. She has had the opportunity to watch Sterling Heights grow in population and diversity, now welcoming many more, including a Chaldean Foundation Center which does a tremendous job helping people get settled and providing guidance as far as health care, education, learning English as a second language, finding an occupation, purchasing a vehicle and finding a home. Sterling Heights takes care of their own, and that those who choose to live here and raise their families have some guidance. Councilwoman Koski requested the reason for the cutting of the weeds along Schoenherr, and also if there is anything they can do to preserve the wetland directly south of 17 Mile Road in the small section between Schoenherr and Utica Roads. Mr. Vanderpool commented on the trimming around Schoenherr and 17 Mile Road, noting it is trimmed periodically because the phragmites grow out of control. There are a number of spots across the City where that has to be done, even though the areas are in wetlands. They have to be treated because they are a non-native species and are very destructive. He added that he would be glad to report back to Council on her idea with regard to the property on the south side of 17 Mile Road. Mayor Taylor appreciated the comments made tonight and the individuals who spoke in favor of the immigration. He stressed that helping those who need the most help is something that binds every major religion, people and culture together and has driven societies, forming the basis of social structure. Regular City Council Meeting Tuesday, January 7, 2020 Page 17 He compared it to everyone who is born helpless and has to have the help of their parents, family or others to rely on for the first years of their lives. He stated he does not have an immigration story to tell because his family has been here for a number of generations, but when he sees people looking down on others who happened to be born somewhere else, it upsets him. He stated he rejects that philosophy, and he felt to live the American dream and deny it to someone else who comes in legally is wrong. He felt most of the refugees who come here would rather be in their homeland with their friends and family, but they do not want to be in a country ravaged by war, corruption, or religious persecution, so the least this community can do is to help those people. He stated he is proud of what County Executive Hackel did, and proud of the City Council members and community members who came to speak out on this issue. 12. UNFINISHED BUSINESS There was no unfinished business. 13. NEW BUSINESS There was no new business. 14. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Schmidt, RESOLVED, to recess into closed session. Yes: Ziarko, Koski, Radtke Schmidt, Sierawski, Taylor, Yanez No: None. The motion carried. The meeting recessed into Closed Session at 8:48 p.m. Regular City Council Meeting Tuesday, January 7, 2020 Page 18 15. ADJOURN The meeting adjourned from Closed Session at 9:29 p.m. MELANIE D. RYSKA, City Clerk