City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, DECEMBER 1, 2020 [HELD BY TELECONFERENCE DUE TO THE COVID-19 STATE OF EMERGENCY] 1. Mayor Taylor called the meeting to order at 7:00 p.m. Mayor Taylor asked, without objection, that the rules be suspended to provide this Council meeting be held via video and telephone conference, in accordance with Michigan Open Meetings Act as amended on October 16, 2020, and that participation of no less than four (4) Councilmembers on this video and teleconference constitutes a quorum for purposes of conducting this meeting. This procedure they are using tonight is a result of the ongoing and current pandemic, for which a state and local emergency has been declared. It is intended to promote the health and safety of the members of the public, city staff, and the City Council, which is the goal expressed in the order issued by the Michigan Department of Health and Human Services on November 15, 2020. Mayor Taylor stated additionally, public comment on any agenda item and participation during communications from citizens will be provided via Zoom teleconference at (929) 205-6099, and when prompted, residents should enter Meeting #92394058932 and press #, noting a passcode is not required. Those wishing to speak on an agenda item and/or communications from citizens will be prompted to press “9” at the appropriate time to indicate a desire to Regular City Council Meeting Tuesday, December 1, 2020 Page 2 participate and allow him to recognize the caller. He indicated there could be delays based on the number of calls received. Mayor Taylor asked if there is any objection to proceeding in the manner he outlined. There were no objections from City Council members. 2. Mayor Taylor recited the Pledge of Allegiance to the Flag on behalf of City Council, and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members participating at roll call: Michael C. Taylor, Liz Sierawski, Deanna Koski, Michael V. Radtke, Jr., Maria G. Schmidt, Henry Yanez, Barbara A. Ziarko. Also Participating: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. Absent: None. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool informed that leaf collection season has been extended one week, through December 11. The City will begin to proactively enforce the ordinance which requires removal of leaves from yards. Although there is snow on the ground now, the weather looks good the rest of the week for those who still need to get outside to clean up their yards. He added the Regular City Council Meeting Tuesday, December 1, 2020 Page 3 majority of the community and residents comply with this ordinance, and it is important in order to ensure proper street drainage and to avoid ponding and flooding during the fall and icing during the winter. He advised that if anyone needs help for financial reasons or mobility limitations in the household, the City has volunteers who can help out, so he urged those who need help to contact the City in the next couple of days. Mr. Vanderpool provided an update on the COVID situation, noting that the Michigan Department of Health and Human Services order continues until December 8. In anticipation of a possible extension, the December 15 City Council regular meeting will be held virtually on Zoom once again. He added they are looking forward to getting back to in-person meetings on January 5. He stated the vaccine programs have been widely publicized on the news, and the County is working diligently to begin the distribution process, with the first phase anticipated to be well under way by January 5, and the mass vaccination expected to occur in March through June 2021. He assured they are doing all they can to coordinate with their local partners at the County and to be in compliance with the State’s plan. Mr. Vanderpool pointed out that all 100 of the City’s firefighters are certified advanced life paramedics so they will be involved in some of the vaccination processes, and are well-positioned to partner with the county and state levels, as well as Troy Beaumont, Henry Ford, and some of the areas other health care center providers. Regular City Council Meeting Tuesday, December 1, 2020 Page 4 Mr. Vanderpool stated as the City is approaching the final days of the road construction season, he invited City Engineer Brent Bashaw, on behalf of his team, to provide an update. He stated they have done a miraculous job this construction season getting all of their projects done, ranging from the neighborhood road projects all the way up to the major road projects, as well as significant sidewalk completions. City Engineer Brent Bashaw shared his screen to provide a PowerPoint presentation on road and sidewalk projects, with the first being the completion of the 18 Mile Road sidewalk and pedestrian safety improvements between Mound Road and Van Dyke Avenue. He provided a brief history on the sidewalk gaps and the businesses that are along that stretch of road, noting it has been the City’s long-term goal to complete the sidewalk gaps because of the great connectivity from the residential properties on the west side of Mound to connect to Van Dyke and areas to the east. It was determined to be unsafe for pedestrians who were walking along the shoulders of 18 Mile Road in early morning and late at night. The Police Department helped to monitor the situation and handed out safety vests to the pedestrians while taking some temporary measures. In spring 2020, they installed 3,000 feet of sidewalk to fill the gaps. This also involved the crossing of the railroad tracks, improvements to the bridge over the Plumbrook Drain, and installation of street lighting. Photographs were shown of the improvements and the safer conditions as a result. He indicated this project was moved up due to safety concerns, but he Regular City Council Meeting Tuesday, December 1, 2020 Page 5 added that it was in the long-term plan to provide a non-motorized improvement to the roadway. They now have a completed sidewalk from Dequindre Road to the City Center, which ties into the Iron Belle Trail, the HCMA Trail, and the Dodge Park system, providing an opportunity to go all the way to Metro Park. He acknowledged the collaboration in this project and thanked their partners, including Ford Motor Company, who provided easement acquisition; DTE, who installed lighting; Conrail, who installed their crossing; Utica Community Schools, who helped notify the City of the pedestrian safety issue and provided an easement for the sidewalk; ITC Corridor, KBC Tools, and Industrial Metal Coating, who were all very helpful; Macomb County, who helped them get the sidewalk safely on the bridge; and he thanked the City’s legal team to get this easement land acquisition through as quickly as possible. Mr. Bashaw thanked the Engineer on his staff, who did an outstanding job not only designing but also writing the legal descriptions for the easement and coordinating all of this work. Mr. Bashaw reviewed the road projects, noting they were able to accomplish $5.8 million of local road projects, starting right after the Governor’s stay-at- home orders were lifted. They completed sixteen full roads, fifteen sectional repairs, covering almost six miles of local road improvement, with one of the notable roads being Pond View Drive, between 18 Mile and 19 Mile Roads. They joint-filled twenty-two roads to preserve them. The 1.9-mile stretch of Saal road was resurfaced, and approximately 1,000 feet of sidewalk gaps were Regular City Council Meeting Tuesday, December 1, 2020 Page 6 completed, which enables residents east of Schoenherr, north of the river, to travel Saal Road to Clinton River Road, head west and tie into the park system, either by going down Schoenherr or Edison Court. He noted the resurfacing of Utica Road was completed between Hayes and Schoenherr, and that was the last of the three-phase projects to address Utica Road from Hayes to Van Dyke. They completed the resurfacing of 18 Mile Road, between Ryan and Dequindre, which was a two-phase project to complete the resurfacing of 18 Mile Road, from Dequindre Road to Mound Road. He outlined some of the other improvements in that project. They recently completed the resurfacing of Hayes Road, between 14 Mile Road and Moravian Drive, and 1.3 miles of 19 Mile Road was reconstructed from Schoenherr Road to Clinton River Road, with some watermain work, driveway approaches, and concrete work on the north side of the road anticipated to be completed within the next two to three weeks. Mr. Bashaw explained they were not able to get Schoenherr Road completed this year but it was started, and he outlined the work that was done. He noted there is significant bridge work to be done with that project, involving four bridges, which will all kick off in 2021. Mr. Bashaw noted there was a significant amount of behind-the-scenes work on the Innovate Mound project, which will begin next summer, starting with the portion between M-59 to 18 Mile Road. He advised they were able to have one in-person public meeting before the COVID pandemic hit, and there were a couple of virtual meetings as well. He informed there is a website, Regular City Council Meeting Tuesday, December 1, 2020 Page 7 www.innovatemound.org, which contains a link for a half-hour video showing what is being done with the roadway, along with what the final product will look like and how they will get there. He stated there is also information on how to get in contact with the project team. He stated that concludes his road update. Mr. Vanderpool concluded his report by thanking Mr. Bashaw and his team, and he also thanked their partners at the County who worked very hard to get their projects done. There were some glitches starting out with Schoenherr Road, mainly at the state level, but the County worked hard to get that project back on track, and he appreciated their hard work. 6. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for comments from the public, but no one indicated they wished to speak. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of November 17, 2020. B. To approve payment of the bills as presented: General Fund - $847,397.39, Water & Sewer Fund - $189,862.34, Other Funds - $1,207,829.05, Total Checks - $2,245,088.78. C. RESOLVED, to purchase a Pierce Enforcer Fire Pumper and accessories from Pierce Manufacturing, Inc., 2600 American Drive, P.O. Box 2017, Appleton, WI 54912, at pricing available through a Houston-Galveston Area Council cooperative bid in the amount of $606,577, and authorize the City Manager to sign all documents required in conjunction with this purchase. D. RESOLVED, to award the bid for Original Equipment Manufacturer (OEM) automobile and light truck parts to the following suppliers at the unit pricing/percentage discounts bid by manufacturer for a two-year Regular City Council Meeting Tuesday, December 1, 2020 Page 8 period, with an option to extend the bid term one year, upon mutual consent: 1. Suburban Ford of Sterling Heights, LLC, 40333 Van Dyke Ave., Sterling Heights, MI 48313 for Ford / Motorcraft parts; 2. Dealer Auto Parts Sales, Inc., 12355 Wormer, Redford, MI 48239 for Ford / Motorcraft parts; 3. Elder Ford of Troy, 777 John R. Road, Troy, MI 48083 for Ford / Motorcraft parts; 4. Buff Whelan Chevrolet, 40445 Van Dyke Ave., Sterling Heights, MI 48313 for General Motors / AC Delco parts; 5. Suburban Motors Company, LLC, 1810 Maplelawn Dr., Troy, MI 48084 for General Motors / AC Delco parts; 6. Suburban Troy LLC, 1790 Maplelawn Dr., Troy, MI 48084 for FCA / Mopar parts; and, 7. Brown & Sons Company, Inc., 1720 Davison Road, Flint, MI 48056 for Ford / Motorcraft parts, General Motor parts, and FCA / Mopar parts. E. RESOLVED, to award the bid for street and pedestrian walkway snow removal services to DEQ Property Services, LLC, 67200 Van Dyke Ave., Ste. 201, Washington Twp., MI 48095, through May 1, 2021, based on unit prices bid, and authorize the City Manager to extend the bid term one (1) additional year under the same terms and conditions. F. RESOLVED, to adopt the resolution urging revisions to the U.S. Department of Housing and Urban Development’s Community Development Block Grant COVID-19 Virus Program (CDBG-CV) regulations to streamline and facilitate the distribution of federal CARES Act funding to local businesses affected by the COVID-19 pandemic. Yes: Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke. No: None. Absent: None. The motion carried. 7. CONSIDERATION ITEM A. Mayor Taylor stated this item is to consider a Development Agreement between the City of Sterling Heights and Clearview Homes, LLC to facilitate the residential development of the former Warner Elementary School. He invited City Planner Chris McLeod to give a presentation. City Planner Chris McLeod stated this is a potential Development Agreement between the City and Clearview Homes, which would allow the potential Regular City Council Meeting Tuesday, December 1, 2020 Page 9 development of the former Warner Elementary School. The applicant approached the City about the potential of putting a road through the very north end of Puffin Park to access the Warner School site, and that would be in exchange for, or not, to require them to go to the south to go out to Koper Drive, forcing them to put a road between two existing houses. He outlined some of the details, noting the road would be just over 11,000 square feet of park area that would be converted from park use to roadway. The road would stay with the City as a public road, so they would not be losing any property but would only transforming how it is being utilized. He stated that as part of this overall agreement, Clearview Homes has indicated they are willing to transfer to the City just over one-half acre of property, so the City is not technically losing any property. They have also provided for additional funds to be slated for development of a pavilion and play structure within the park, which is consistent with the pavilions and play structures the City has been implementing over the last several years as part of ReCreating Recreation program. The developer would also extend the pathway to the south from the current pathway system within Puffin Park to Koper Drive, which would provide a much-desired connection to the neighborhood to the south, as well as extending that pathway all the way to the north end, ultimately providing cross connection to Nelson Park further to the north. Mr. McLeod explained the developer also willingly provided for the looping of the pathway within the park. He stated the park improvements will require approval of this Regular City Council Meeting Tuesday, December 1, 2020 Page 10 Development Agreement, but the residential development is not approved at this particular time and would still need to go before the Planning Commission for their review. He showed the conceptual plan, which has not yet been seen or approved by the Planning Commission. He discussed the overall layout, showing where the proposed road would go between the former Warner Elementary to Viceroy, through the north end of Puffin Park. He also showed the old driveway for the school site, noting how narrow that would be as a road. If the Development Agreement is approved, this driveway would be removed, stabilized with seed sod, and putting in the pathway system. He noted there would be thirty-six residential homes, with a small stormwater retention facility to the south end of the site. He also pointed out where the proposed improvements to Puffin Park would go, and informed that part of this would require a Conversion through the state and federal government. He advised that Parks and Recreation Director Kyle Langlois is on the line tonight to answer questions on that process. It will be a lengthy process, with an appraisal and approvals through the numerous authorities, but this is the first phase to assure City Council is in agreement with this. He offered to answer questions, adding that Mr. Langlois as well as Mr. Jerry Griffith of Clearview Homes, are also on the line to answer questions. Mayor Taylor invited comments from the participating audience, but no one indicated they wished to speak. Moved by Schmidt, seconded by Yanez, RESOLVED, to approve the Development Agreement between the city of Sterling Heights and Clearview Regular City Council Meeting Tuesday, December 1, 2020 Page 11 Homes, LLC and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Councilwoman Schmidt inquired as to whether the streets will be deeded to the City to maintain since it is a site condominium development, and the City will be maintaining the small portion of the road through the park. Mr. McLeod replied that is correct, noting all of the streets, including the one through the park and those through the site condominium development, will be public roadways and turned over to the City for long-term maintenance. Councilwoman Schmidt felt this is a win-win for the City and the developer. She stated she loves the idea of the developer funding a pavilion and a playground on the south side of 15 Mile Road, and crossing 15 Mile to Nelson Park can be challenging, so it will provide this neighborhood the opportunity to enjoy a playground without having to cross 15 Mile Road. She hoped the next step of the process is successful. Councilwoman Koski questioned whether the retention pond at the south end of the project will need to be fenced in. Mr. McLeod replied there is a chance it will be fenced, depending upon whether or not it is designed to hold water. It will go through full engineering review and meet all city specifications for their stormwater facility, and if it is determined to be a hazard, a fence will be required. Councilwoman Koski asked Mr. Langlois as to whether anything like this has been done before with regard to having to apply to the state and federal governments. Regular City Council Meeting Tuesday, December 1, 2020 Page 12 Mr. Langlois replied they have a minimal number of conversions on their park properties, and they are most notably for cell phone towers. Those are the most recent conversions, and they always have the goal of preserving their park property for use as parks except when situations arise where there is a clear benefit to the residents and the City. They then have the ability to go through the conversion process to make sure they can provide these facilities to their residents. Councilwoman Koski recalled something similar that occurred with a project at Avis Park, near 14 Mile and Dequindre. Mr. Langlois replied he is not familiar with a conversion at that location, but the only conversion they have is the cell phone tower in Nelson Park. They complete their Conversion Report every five years with the DNR, and according to that report, Avis Park does not have a conversion attached to it. Councilwoman Koski felt it should not be a problem because they are acquiring more property there for the betterment of the residents. She wished them well on the project. Councilman Radtke questioned whether the developer will be providing streetlights on the newly-paved road through Puffin Park. Mr. McLeod stated they have not brought up that subject with the developer but can bring it up as part of the site plan review process. In speaking with the engineer on a separate issue involving street lighting, it is not common Regular City Council Meeting Tuesday, December 1, 2020 Page 13 practice to have a street light at a non-major intersection, but it is something they discussed and they can raise it with the developer. Councilman Radtke felt it is a great project, giving the City more parkland and also enabling people from the south to gain more access to the park, but because that roadway is a straight shot between two streets, he expressed his concern that it should have lighting to avoid a bad situation. He hoped the developer would be willing to at least put in a streetlight at each end of the street, and he expressed concern for pedestrians or children playing in the area. He is excited about the prospect of getting more parkland, a better park, expansion of the pathway, and activating this park. Mayor Taylor commended the Parks and Recreation Department and the City Planner for working with Clearview Homes, and he commended Clearview Homes for a very clever solution to what could have been a problem, making it impossible to develop that area. He felt it is a win-win situation and he is excited about it, especially since it will activate a park that has been underutilized. Yes: Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt. No: None. Absent: None. The motion carried. C. Mayor Taylor stated this item is to consider a request to transfer ownership of an escrowed 2018 Class C liquor license, with Sunday Sales (PM) permit and dance entertainment permit, from Jon Jons, Inc. to Zara Property Management, LLC and transfer location from 28039 Mound, Warren, MI to 2715 Regular City Council Meeting Tuesday, December 1, 2020 Page 14 E. 14 Mile Road, Sterling Heights, MI. He noted that Mr. Phil Ruggeri, representative, is participating in tonight’s meeting. Mr. Phil Ruggeri thanked the Council for the opportunity to speak. He explained there is a presentation in the agenda packet, and emphasized the petitioner is a good member of the community, currently owner of Taza Banquet Center, between Dequindre and Ryan, and has vast experience in restaurant management. He received special land use approval last month from the Planning Commission to continue with a restaurant in this particular zoning district. He explained that the transfer will not impact any quotas they have in the City of Sterling Heights, and there will be eight employees from the local area, who will all be TIPS-qualified. He assured it will be a nice addition to the community, especially in light of the pandemic, where a lot of restaurants are closing. He admired this petitioner for proceeding with plans for a new restaurant in today’s tough times. He offered to answer questions and thanked the Council for their consideration. Mayor Taylor invited comments from the participating audience, but no one indicated they wished to speak. Moved by Sierawski, seconded by Radtke, RESOLVED, that the request to transfer ownership of an escrowed 2018 Class C liquor license, with Sunday Sales (PM) permit and dance entertainment permit, from Jon Jons, Inc. to Zara Property Management, LLC, and transfer location from 28039 Mound, Warren, MI to 2715 E. 14 Mile Road, Sterling Heights, MI, be considered for approval; provided, however, that this action shall not be considered as local governmental approval of a topless activity permit for the new location. Regular City Council Meeting Tuesday, December 1, 2020 Page 15 Mayor Pro-Tem Sierawski requested affirmation that, although this liquor license is being transferred from Jon-Jons, which was an establishment in Warren, they are not going to continue with the adult dancing portion of that permit. Mr. Ruggeri replied that is correct, and that is being removed from the application and approval process. Mayor Pro-Tem Sierawski stated that was her biggest concern when she first saw the application. Other than that, she is happy to allow this license to transfer, and she wished them the best of luck, agreeing this is not the best time to open a restaurant, but she helped it will go well for them. Councilwoman Koski requested clarification from Mr. Ruggeri that the liquor license is going with the restaurant on 14 Mile. She noted Mr. Ruggeri referred to the owner having a banquet center on 15 Mile Road, and she questioned whether that is under a separate liquor license. Mr. Ruggeri corrected his previous statement that the Taza Banquet facility is located on 14 Mile Road, and he stated it has its own separate Class C liquor license, which was transferred directly to that establishment by the City in 2015. He assured that license has nothing to do with the subject location, and they are two separate entities with two separate licenses. He added they are mutually exclusive from one another. Councilwoman Ziarko questioned whether this transfer has already been approved by the State. Regular City Council Meeting Tuesday, December 1, 2020 Page 16 Mr. Ruggeri replied affirmatively. Councilwoman Ziarko stated this is the City’s formality of letting people know what is happening. Mayor Taylor thanked Mr. Ruggeri, and through the back-up material, they can see there is no reason to deny this request. He stated they are always happy to see new businesses and restaurants opening in Sterling Heights. Yes: Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski. No: None. Absent: None. The motion carried. C. Mayor Taylor stated this item is to consider nominations to City of Sterling Heights boards and commissions. There were no nominations for the total of four appointments on three boards. Moved by Ziarko, seconded by Radtke, RESOLVED, to postpone the nominations to the Board of Ordinance Appeals II, Board of Review, and Zoning Board of Appeals to the January 5, 2021 regular City Council meeting. Yes: Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor. No: None. Absent: None. The motion carried. D. Mayor Taylor stated this item is to consider appointments to City of Sterling Heights boards and commissions. Mayor Taylor invited comments from the participating audience, but no one indicated they wished to speak. Housing Commission Moved by Schmidt, seconded by Sierawski, RESOLVED, to appoint Corey Venetis to the Housing Commission to a term ending December 31, 2025, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez. No: None. Absent: None. The motion carried. Regular City Council Meeting Tuesday, December 1, 2020 Page 17 Water System Advisory Committee Moved by Sierawski, seconded by Schmidt, RESOLVED, to appoint Richard Giltz and Joseph Niman to the Water System Advisory Committee to terms ending December 31, 2022, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. Absent: None. The motion carried. Zoning Board of Appeals Moved by Ziarko, seconded by Sierawski, RESOLVED, to appoint John Fenn to the Zoning Board of Appeals Alternate to a term ending June 30, 2023, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski. No: None. Absent: None. Motion carried. 8. COMMUNICATIONS FROM CITIZENS Mayor Taylor invited comments from the participating audience, but no one indicated they wished to speak, and Mayor Taylor confirmed there were no citizens participating on the Zoom call. 9. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he had nothing further this evening. Mayor Pro-Tem Sierawski stated they held the annual tree lighting virtually this evening. She wished everyone a very happy holiday season in whatever way they celebrate and extended a very Merry Christmas from she and her family to the residents of Sterling Heights. Councilman Radtke echoed Mayor Pro-Tem Sierawski’s comments and extended a Merry Christmas from his family to the residents. He added that the Regular City Council Meeting Tuesday, December 1, 2020 Page 18 City Council has gone virtual with their meetings to try to protect and value the health of everyone getting involved with the City. He added that, although this is not their preferred method of interaction with the community, they are following what the Governor is requiring. He asked everyone to wear a mask, socially distance and stay safe, and even though they have a vaccine, it is not yet ready, so he hoped they can get through this dark season together so they can be safe in the long run. Mayor Taylor thanked the public for extending the courtesy to them that they are meeting virtually for at least tonight and the next meeting, and will make their decision from there based on science, what is best for the public and for the City’s employees. He indicated they will follow the guidelines set by the Governor and by the State’s Department of Health and Human Services. He reminded that the December 15 City Council meeting will be virtual, and he wished everyone happy holidays and to stay safe and protected. 10. UNFINISHED BUSINESS There was no unfinished business. 11. NEW BUSINESS There was no new business. 12. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there is no Closed Session this evening. 13. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Regular City Council Meeting Tuesday, December 1, 2020 Page 19 Yes: Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke. No: None. Absent – None. The motion carried. The meeting adjourned at 8:01 p.m. MELANIE D. RYSKA, City Clerk