CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JANUARY 6, 2015 IN CITY HALL Mayor Michael C. Taylor called the meeting to order at 7:30 p.m. Mayor Taylor led the Pledge of Allegiance to the Flag and Mark Carufel, City Clerk, gave the Invocation. Council Members present at roll call: Deanna Koski, Joseph V. Romano, Maria G. Schmidt, Doug Skrzyniarz, Michael C. Taylor, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Jeffrey Bahorski, City Attorney; Mark Carufel, City Clerk; Madeline L. Ranella, Recording Secretary. APPROVAL OF AGENDA Moved by Koski, seconded by Romano, to approve the Agenda with the addition of the blue sheet ordinance and notice of adoption under Agenda Item #1. REPORT FROM CITY MANAGER Mr. Vanderpool gave an update on the Historical Commission and recognized the Sterling Heights Historical Commission members: John Conner, Frank DiMaria, Douglas J. Harvey, Michael J. Lombardini, Meghan Mott, Ruthann Schinzing and Scott Townsend for their continued efforts to foster an understanding and appreciation of our local history. Mr. Vanderpool presented a pictorial tour of the City, highlighting some of the construction activities over the past year.
Page 2 ORDINANCE ADOPTION 1. Moved by Schmidt, seconded by Romano, BE IT ORDAINED, to adopt a map amendment to conventionally rezone property on the west side of Dodge Park Road, between Warsaw and Brougham Drives in Section 27, from O-1 (Business & Professional Office District) to R-60 (One Family Residential District), Case No. PZ14-1130: CITY OF STERLING HEIGHTS COUNTY OF MACOMB, MICHIGAN ORDINANCE NO. 278-176 AN ORDINANCE TO AMEND THE MAP OF THE ZONING ORDINANCE OF THE CITY OF STERLING HEIGHTS, MICHIGAN. THE CITY OF STERLING HEIGHTS ORDAINS: Section 1. That the following parcel of land located in the City of Sterling Heights, Macomb County, Michigan, and described as follows: Land situated in the City of Sterling Heights, County of Macomb, State of Michigan, described as follows: The South 14.97 feet of Lot 25, and Lots 26, 27, 28, 29, 30, 31 and 32 of Sterling Park Subdivision, including one-half of the vacated alley. Subject to any and all easements and rights of way of record or otherwise. Parcel Identification No. 10-27-429-088-000 Commonly known as: 35683 Dodge Park Road
Page 3 Common Description: West side of Dodge Park Road between Warsaw and Brougham Drives in Section 27, PZ14-1130 be rezoned from O-1 (Business and Professional Office) to R-60 (One-Family Residential) in accordance with the Zoning Ordinance of the City of Sterling Heights and that the Zoning Map be amended accordingly. Section 2. All other provisions of the text and map of the Sterling Heights Zoning Ordinance shall remain in full force and effect. Section 3. This amendment shall become effective seven days after publication of this amendment or a notice of adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Sterling Heights on the 16 th day of December, 2014, and was duly adopted at a regular meeting of the City Council of the City of Sterling Heights on the 6th day of January, 2015. INTRODUCED: 12-16-14 ADOPTED: 01-06-15 PUBLISHED: 01-11-15 EFFECTIVE: 01-18-15 MARK CARUFEL CITY CLERK CONSENT AGENDA 2. The following residents spoke on Consent Agenda Item G: Mr. Paul Smith of Sterling Heights disagreed with the placement of Item G on the Consent Agenda, stating this is a $39 million item and it should have been a consideration item. He also spoke against the expenditure. Ms. Jackie Ryan questions the need for this project and stated it is a total mismanagement of funds that could be used for roads in other areas of the City.
Page 4 Ms. Jasmine Early feels the money is being wasted on three miles of roadway. Mr. Charles Jefferson wanted residents to understand it is not all City funds being used. Mrs. Moira Smith stated when people are spending state tax dollars, it is really coming from the taxpayers. Moved by Koski, seconded by Romano, RESOLVED, to approve the Consent Agenda: A. To approve the minutes of the Regular Meeting of December 16, 2014, as presented. B. To approve payment of the bills as presented: General Fund - $428,837.59, Water & Sewer Fund - $114,674.62, Other Funds - $1,447,950.07, Total Checks - $1,991,462.28. C. RESOLVED, to award the bid for pruning of street trees to Wonsey Tree Service, Inc., Post Office Box 1142, Alma, MI 48801, for the period of January 22, 2015 to March 15, 2015, at unit prices bid. D. RESOLVED, to: (A) Split the award of the bid for police uniforms and bullet resistant vests to the following vendors at the respective unit prices bid for a three-year period: 1. To Nye Uniform Company, 1067 E. Long Lake Road, Troy, MI 48085 for the items comprising the complete Class A uniform; 2. To CMP Distributors, Inc., 16753 Industrial Parkway, Lansing MI 48906 for the Armor Express Halo 2 bullet resistant vest; and
Page 5 (B) Authorize the City Manager to exercise the option of extending the bid award for the fourth year at the unit prices bid. E. RESOLVED, to award the bid for the purchase and installation of floor coverings at the Parks & Recreation Center to S.C.I. Floorcovering, Inc. 21440 Melrose Avenue, Southfield, MI 48075, at a cost of $32,640.15 and authorize a budget amendment from Land and Water Conservation Fund reserves in the amount of $2,640.15. F. RESOLVED, to: (A) Approve the agreement for managed security and firewall services between the City of Sterling Heights and IBM Internet Security Systems, 6303 Barfield Road, Sandy Springs, GA 30328, for a three-year term at an annual cost of $11,721.60; and, (B) Authorize the City Manager to renew the agreement for managed security and firewall services on the same terms and conditions and sign all documentation required on behalf of the City. G. RESOLVED, to approve Michigan Department of Transportation Contract #14-5576 for road construction work along Highway M-53 (Van Dyke Avenue) from south of 15 Mile Road to 18 Mile Road and authorize a budget amendment to use $98,000 of Water and Sewer Fund Reserves. CONSIDERATION 3. Mr. Peter Zingas, representing the petitioner Tag Foods, Inc., was present.
Page 6 Mr. Paul Smith spoke in support of this transfer request. Moved by Romano, seconded by Ziarko, RESOLVED, that the request by Tag Foods, Inc., d/b/a Honey Tree Restaurant, to transfer interest in and location of an escrowed 2014 Class C liquor license with new entertainment permit and Sunday Sales permit from 33577 Van Dyke, Sterling Heights, MI 48313 to 44667 Mound Road, Sterling Heights, MI 48314 be considered for approval. Councilman Romano pointed out the individual company came before City Council in 2002 and applied for a new liquor license, which was denied because the City had a limited number of liquor licenses. They have now pursued an escrowed liquor license, so he has no problem with the request. Councilwoman Ziarko agreed with the comments made by Councilman Romano. She pointed out this restaurant has been in the City for a long time and she wishes them well. Councilwoman Schmidt stated as a point of clarification that this restaurant is not moving; they are staying in their current location. 4. Moved by Skrzyniarz, seconded by Romano, RESOLVED, to appoint Julie Bondy to the Housing Commission to a term ending December 31, 2018, subject to the appointee meeting the qualifications set forth in Charter 4.03 and taking the oath of office within two weeks. Moved by Romano, seconded by Schmidt, RESOLVED, to postpone the remaining appointment to the Housing Commission to the meeting of January 20, 2015.
Page 7 5. Mr. Mike Lombardini requested Council suspend the rules to allow residents to comment on the filling of the vacancy on the City Council after the appointment is made. Mr. Paul Smith of Sterling Heights echoed the comments made by Mr. Lombardini and stated the people should have been able to read the resumes submitted by applicants for the position. Mr. Charles Jefferson agrees with the previous speakers and stated there should have been open discussion about the candidates. Mayor Taylor explained there is a set policy when it comes to appointments to boards and commissions, but this is an unusual matter. He will, if there are no complaints from City Council, allow residents to comment under Communications From Citizens. Moved by Skrzyniarz, seconded by Romano, RESOLVED, to appoint Nate Shannon to fill the vacancy in the elective office of City Council member for the unexpired term of Michael C. Taylor. Councilman Skrzyniarz explained the process of selecting a person to fill the vacancy on the City Council and believes Mr. Shannon is the best choice. He explained Mr. Shannon is a teacher in the L'Anse Creuse School District and also taught in the Warren Consolidated School District. Councilman Skrzyniarz pointed out Mr. Shannon ran for City Council in the last election and was nearly elected. He stated Mr. Shannon cares about the City and will serve the City residents extremely well. Councilman Romano stated the City Council had a large binder with information about all the applicants and many of them do not even vote, let alone attend a City Council
Page 8 meeting. Mr. Shannon ran for a City Council seat in the last election and he is out collecting signatures now for the next election. He stated the residents will have about eight or nine months to score him and based on his performance, can vote to keep him on the City Council. Councilwoman Ziarko stated she was impressed with several applicants for the vacancy on the City Council, but Mr. Shannon ran in the last election and obtained 10,500 signatures, so the people actually voted for him. Councilwoman Schmidt thanked all the applicants that submitted letters of interest for the position and stated it is not an easy process to go through. She agrees with her colleagues that Mr. Shannon went through the last election process and he was the next highest vote getter besides the six of them, which means the voters had confidence in him. Councilwoman Koski agrees with the comments made by the other Council members and will support Mr. Shannon, not because he ran in the last election, but because of what he said at the podium and what he wrote on his resume. Mr. Shannon has the same goals as all the other Council members - that the residents come first. He intends to serve the residents and government of Sterling Heights moving forward. Mayor Taylor thanked the 29 applicants who submitted their resumes and stated it was overwhelming to see so many interested people. He hopes that all the applicants will stay involved in the City and looks forward to seeing them all at future City Council meetings. Mayor Taylor stated he was very impressed with Mr. Shannon and proud of the way he presented himself and the ideas he brought forth to better the City.
Page 9 COMMUNICATIONS FROM CITIZENS Mr. Mike Lombardini - Armed robbery and response by Sterling Heights Police Department. Ms. Jackie Ryan - Smart Meter opt-out provisions. Mr. Charles Jefferson - Appointment of Nate Shannon; Affordable housing in the City. Ms. Jasmine Early - City's vision statement; Appointment of Nate Shannon. Mr. Paul Smith - Economic Development achievements; Mr. Jefferson's report of police officer contact; Appointment of Nate Shannon. Ms. Verna Babula - Smart Meter health concerns/intimidation by DTE. Mr. Dennis White - Appointment of Nate Shannon. Mr. Nate Shannon - Thanked Council for vote of confidence in him and stated he would do all he could to move the City forward. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated in response to the advanced meters, House Bill 4315 and Senate Bill 819 if passed would have allowed people to keep their analog meters, but neither legislation passed. He pointed out there is a chance that these two bills will be reintroduced with the new legislation and he encouraged residents, who are interested in this new technology, to work with their local legislators to determine what their positions are on these two pieces of legislation. Mr. Vanderpool stated he sent letters to each of our representatives, including Senator Rocca, but did not receive any response from any of them.
Page 10 Mr. Vanderpool stated if there is no objection from City Council, Administration will prepare the swearing in of Mr. Shannon for the next City Council meeting on January 20th. There was no report from Mr. Bahorski at this time. Councilwoman Schmidt questioned what recourse the residents would have if they are being intimidated by DTE as it relates to the smart meter. Mr. Vanderpool responded if it borders on physical harassment, residents can call 911 and someone will respond immediately. If the incident is more of a customer service type complain, residents can go to the DTE website customer service center, or call DTE directly. If the residents prefer they can call Mr. Vanderpool's office and he would be happy to give them a contact person's name and phone number. Councilwoman Ziarko asked Mr. Vanderpool to research the moratorium the City Council placed on smart meters a few years ago and the opt out provision. She was under the impression that a person could opt out and keep their analog meter. Mr. Vanderpool pointed out they could review that, but the reality is utility companies are always upgrading their equipment. Analog meters are becoming obsolete, which is one reason why the legislators at the state level didn't move forward with the state legislation. The City has no jurisdiction over utility companies. Councilwoman Ziarko questioned the failure rate when it comes to the smart meters. Councilwoman Koski requested a copy of the failed legislation and Mayor Taylor asked that it be included in the City Council's next packet.
Page 11 Mayor Taylor was disturbed to hear about DTE pressuring people, stating they have a lot of leverage and the City has very little power to do anything. He stated the Council needs to hear from more of the residents and stated it might be time to invite DTE back before the City Council to provide an update on their program. ADJOURN Moved by Ziarko, seconded by Schmidt, to adjourn the meeting. The meeting was adjourned at 9:09 p.m. MARK CARUFEL, City Clerk