City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 21, 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 teleconference, in accordance with Governor Whitmer’s Executive Order 2020-2, and that participation of no less than four (4) Councilmembers on this conference call constitutes a quorum for purposes of conducting this meeting pursuant to the Open Meetings Act. Mayor Taylor additionally requested, due to the current state of emergency, and without objection, to suspend the rules to allow public comment germane to any agenda item or city business to be provided via Zoom telephone conference during communications from citizens at (929) 205-6099, and when prompted, residents should enter Meeting #441199775 and press #, noting a passcode is not required. 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. Regular City Council Meeting Tuesday, April 21, 2020 Page 2 3. Council Members participating at roll call: Deanna Koski, Michael V. Radtke, Jr., Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, 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. Councilwoman Schmidt requested that Consent Item 6-I be moved to Consideration Item 7-A. Yes: Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor. No: None. Absent: None. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool provided an update on the Covid-19 emergency, specifically as it relates to Sterling Heights. He stated there is a lot of information with regard to state and county data, but not as much information on individual communities. He showed a chart reflecting the number of confirmed Covid-19 cases by community throughout Macomb County, with over 4,000 cases countywide. He noted that Sterling Heights, which is the second largest community in Macomb County, is just behind the City of Warren at 713 cases. When the data is broken down per capita, Sterling Heights is in the eighth position countywide. He acknowledged the county hotspots started out in Centerline and Roseville areas, so Sterling Heights has not been considered a hotspot when looking at comparative data. Mr. Vanderpool offered Regular City Council Meeting Tuesday, April 21, 2020 Page 3 condolences, thoughts, and prayers, on behalf of the Mayor and City Council, to all families who have suffered the loss of a loved one due to the Covid-19 virus. When looking at data for deaths in Macomb County, specifically Sterling Heights, Sterling Heights is second, just behind the City of Warren, but he indicated that is not surprising due to the fact they are second largest city in the county. There have been over 400 deaths countywide, so on a per capita basis, Sterling Heights ranks eighth in the County. Mr. Vanderpool showed a slide of the countywide data relating to the number of cases on a daily basis, noting that the “Stay Home, Stay Safe” directive was put in place and resulted in fewer cases, and since April 3, they are seeing more encouraging trends, with smaller spikes and downward trends. He showed the last graphs depicting the Covid-19 death rate for the City of Sterling Heights at seventy-two deaths, which is an average of just over two a day. He emphasized they are looking at the downward trend and want to see that continue. Mr. Vanderpool explained the City Administration is developing a plan to reopen city facilities in a limited capacity once the Governor’s Executive Order enables it. They anticipate there will be a relaxing of the order once the current order expires on April 30, so there could be some limited reopening beginning in early- to mid-May. They will need to watch the data trends and hear the Governor’s ultimate decision over the next week-and-a-half. He informed the limited reopening will include all City facilities with the exception of the Senior Center, which will remain closed since seniors are the most vulnerable to the Regular City Council Meeting Tuesday, April 21, 2020 Page 4 Covid-19 virus. He suspected it may be sixty to ninety days before the Senior Center may be reopening. He stated the reopening plan that is currently being developed by the City Administration is centered on ensuring the safety of the employees and the public who would be coming into the facilities. He noted they look forward to collaborating with City Council on that plan and eventually sharing it with the public when they have clear direction from the State. Mr. Vanderpool stated there are two resolutions on the Consent Agenda this evening pertaining to the Covid-19 crisis, each requesting that the State and County share a portion of the CARES Act funding that they are receiving to address the emergency expenditures with local communities throughout the state and counties. The legislation was passed with sharing in mind, so they want to make sure the State and County know the City of Sterling Heights is at their disposal to partner and collaborate with them to develop the means and methods to distribute this funding. He suggested anyone wanting updates on the Covid-19 crisis can go to the City’s website to get more information, adding there is a plethora of information on city resources, especially related to their e-government options. Mr. Vanderpool provided an update on Census 2020, and assured they appreciate the community’s continued support. He stated that Sterling Heights is in the top tier of communities nationwide with a high response rate of 71% completion of the online census form, which is the only method of Regular City Council Meeting Tuesday, April 21, 2020 Page 5 participation up to this point. He advised anyone who wishes to complete it online can go to www.census2020.gov and fill out the very easy nine-question form. For those not able to complete it online, a hard copy will be sent to them between now and early May, and he encouraged those residents to complete and return that form. He informed if anyone needs assistance in completing the questionnaire, they can call the City’s Census Hotline at (586) 446-2757 on Mondays through Fridays from 8:30 a.m. to 5:00 p.m. Based on census counts, city residents receive millions of dollars in funding for road improvements, senior services, school programs, student loans, unemployment services and more, and he noted there is more information on this included on the City’s census webpage. He thanked the residents who have already completed the census and looks forward to as many residents as possible completing the census. Mr. Vanderpool provided a road update, adding that all road projects are on schedule. There is roadwork on 14 Mile Road, between Ryan and Dequindre, including landscaping and grading. Major projects will be starting up over the summer months, including 18 Mile Road, between Ryan and Dequindre, anticipated to start in July. He noted the Hayes Road resurfacing between 14 Mile Road and Moravian will be starting in August. The Schoenherr Road completion, involving a resurfacing between the Plumbrook Drain and just north of Clinton River Road, will start in August. The Utica Road resurfacing, between Hayes and Schoenherr, will be starting in July, and he indicated all Regular City Council Meeting Tuesday, April 21, 2020 Page 6 neighborhood road projects are on schedule to begin next month, so it will be a busy construction season with approximately $15 million of various road improvements taking place. He advised residents that they can visit the City’s ConeZone webpage to get the latest information on their roadwork activity Mr. Vanderpool stated that concludes his report this evening. 6. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. Moved by Sierawski, seconded by Radtke, RESOLVED, to approve the Consent Agenda as amended, with moving Consent Item 6-1 to Consideration 7-A.: A. To approve the minutes of the Regular Meeting of April 7, 2020. B. To approve payment of the bills as presented: General Fund - $654,233.58, Water & Sewer Fund - $124,916.09, Other Funds - $3,800,525.64, Total Checks - $4,579,675.31. C. RESOLVED, to award the bid for street sweeping services to Rolar Property Services, Inc., 33333 Dequindre, Suite B, Troy, MI 48083, at unit pricing bid for a two-year period. D. RESOLVED, to award the bid for motor oils, solvents, and anti-freeze to Lyden Oil Company, 8151 Millis Road, Shelby Township, MI 48317, based on unit prices bid for a one-year period. E. RESOLVED, to award the bid for the Public Works Facility Bridge Cranes to Konecranes, Inc., 42970 W. 10 Mile, Novi, MI 48375 at a total cost of $181,613.00. F. RESOLVED, to: A. Split the award of the bid for bulk supplies and materials to the vendors and at the respective unit prices specified below for a one-year period: To: J.T. Express, Ltd., P.O. Box 204, Imlay City, MI 48444 A. Fill Sand $8.75 per ton B. Mason Sand $11.70 per ton C. 60x40 Gravel $18.00 per ton F. Pea Pebble $15.70 per ton N. Road Gravel $11.95 per ton To: J & H Transportation, Inc., 37580 Mound Rd., Sterling Heights, MI 48310 D. Fine Crushed Concrete $13.50 per ton Regular City Council Meeting Tuesday, April 21, 2020 Page 7 G. Clean Top Soil $14.50 per cubic yard Alternate / Secondary Vendor for the following: E. Coarse Crushed Concrete $18.00 per ton J. 321 Crushed Concrete $16.50 per ton To: Fiore’s Crushed Concrete, Inc., 33200 Mound Road, Sterling Heights, MI 48313 F. Coarse Crushed Concrete $16.85 per ton J. 321 Crushed Concrete $15.35 per ton Alternate / Secondary Vendor for the following: D. Fine Crushed Concrete $13.85 per ton To: Osburn Industries, 5850 Pardee, Taylor, MI 48050 M. 23A Limestone $16.50 per ton To: Richmond Transport, 4020 County Line, Lenox, MI 48050 M. 5G slag $21.25 per ton B: Reject all bids for: H. Shredded Hardwood Mulch K. Decorative White Stone L. Black Mulch G. RESOLVED, to purchase office, meeting room, and common area furniture manufactured by Haworth and OFS from Interior Systems Contract Group, LLC, 612 North Main, Royal Oak, MI 48067, at pricing available through the State of Michigan’s MiDeal cooperative purchasing program, contracts #071B7700023 and #071B7700074, and OMNIA Partners’ cooperative purchasing program, contract #R142213, at a cumulative cost of $120,694.93. H. RESOLVED, to purchase a 2020 Kenworth T370 single axle truck chassis, with Maintainer S3 utility service body, crane, storage, equipment, and accessories, from The Safety Company, LLC, d/b/a MTech Company, 7401 First Place, Cleveland, OH 44146, at pricing available through a Wayne RESA CoPro+ RFP cooperative purchasing contract, #2018-WR- 060-M, in the cumulative amount of $180,373. I. This item was moved to Item 7-A. J. RESOLVED, to approve the cost sharing agreement for the asphalt resurfacing of Hayes Road, from 14 Mile Road to Moravian Drive, subject to approval by the Macomb County Department of Roads, the Charter Township of Clinton and City of Fraser, and authorize the Mayor and City Clerk to execute the agreement on behalf of the city of Sterling Heights. K. RESOLVED, to direct the City Attorney to prepare the necessary agreement to vacate a portion of the existing 20’ storm sewer easement for the proposed multi-tenant commercial building at 35372 Van Dyke Avenue in Section 27; PSP19-0028, EG19-0036, and the Mayor and City Regular City Council Meeting Tuesday, April 21, 2020 Page 8 Clerk are hereby authorized to sign the agreement on behalf of the City; and RESOLVED, that City Council indicates no objection to the issuance of a building permit for the proposed multi-tenant commercial building at 35372 Van Dyke Avenue in Section 27; PSP19-0028, EG19-0036, subject to the following: 1. That site plans and building plans be approved by City Administration prior to issuance of a building permit; 2. That Applicant pay all costs incurred by the City in the preparation of the easement vacation document(s), including attorney fees; and 3. That Applicant agrees in writing to indemnify and hold the City, its officers and employees, harmless from all damages to persons or property arising from construction activities in the existing easement prior to completion of the vacation process. L. RESOLVED, to adopt the resolutions requesting immediate action by the State of Michigan and County of Macomb to appropriate proportionate shares of CARES Act relief funding to local municipalities. Yes: Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez. No: None. Absent: None. The motion carried. 7. CONSIDERATION ITEM A. Mayor Taylor stated this item was formerly Consent Item 6-I. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve payment to the Macomb County Department of Roads for traffic signal improvements at the intersection of Schoenherr Road and Moravian Drive in the amount of $50,000. Councilwoman Schmidt thanked the Mayor and her colleagues for indulging her on pulling this item from the Consent Agenda this evening. She stressed she is extremely happy after fighting for this intersection improvement for the last twelve to fifteen years. She stated she has lived here for the last twenty-five years and that intersection has terrified her since she moved in. She commented that she is excited to have the final piece of the intersection “puzzle” put into place, and she questioned whether Mr. Vanderpool has an anticipated date for completion, although she assured she can be patient. Regular City Council Meeting Tuesday, April 21, 2020 Page 9 Mr. Vanderpool thanked Councilwoman Schmidt for her relentless interest in this project over the last couple of years. He stated they are close to completion, and although he does not have a definitive timeline, he assured it will be completed this construction season. He indicated it is a relatively easy project, noting there will be new left-hand turn signals for traffic coming off of Moravian, heading southbound, as well as traffic going northbound off of Moravian. All of the signals will be replaced and since they are not mast arm signals, the installation should go quickly, with the majority of the project being completed in-house by the County. In addition to the left-hand turn signals and the left-hand turn lanes, the street name signs for both Schoenherr and Moravian will be lit and very visible, and the pedestrian crossings will be upgraded to include a countdown for pedestrians. He informed the total project cost is approximately $200,000, with the City’s share being $50,000. He assured as soon as he has a construction start date, he will pass it on to Council. Councilwoman Schmidt thanked Mr. Vanderpool and noted this was an agreement actually signed by former Mayor Notte, so it has been in the works for a long time, and when the economy crashed, it was put on the back burner. She appreciated the hard work put into getting this done. Councilwoman Koski questioned whether the County, at a later date if they so choose, will have the right to turn off that light since the City did not pay 100% of the cost. Regular City Council Meeting Tuesday, April 21, 2020 Page 10 Mr. Vanderpool replied he does not have the answer but will get back to Council on it. He felt the County may be able to change the signalization if they so choose in the future, but it would have to be based on scientific data, such as traffic counts, or “warrants,” and there would have to be a significant change in traffic volume at that intersection to warrant any change. Councilwoman Koski explained she asked because when the County decided to change the traffic lights at the half-mile roads along Ryan Road, they were able to turn them into blinking lights and/or turn them off when they felt they were not needed. She felt the proposed signal at Schoenherr and Moravian is really needed and should not be changed in the future without the City’s approval. Mr. Vanderpool felt the County would have that kind of authority, but he stated he will confirm that information and report back to Councilwoman Koski and the Council. Councilwoman Koski requested that Mr. Vanderpool emphasize to the County that the City wants to maintain control of that signal. Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. The motion carried. 8. COMMUNICATIONS FROM CITIZENS Mayor Taylor stated that the communications from citizens will be entirely via telephone conference. He explained how the comments will be taken from those on the phone who wish to participate, indicating they will be recognized Regular City Council Meeting Tuesday, April 21, 2020 Page 11 in turn and that person will be asked if they want to participate and they will have four minutes in which to speak. Mayor Taylor indicated that there are no residents online who indicated they would like to speak. 9. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further this evening. Mayor Taylor raised the issue of signature requirements for getting on the ballot for City Council elections. He understood the City’s Charter requires one percent of the registered voter’s signatures. He stated in speaking with a number of Council members and others over the last couple of years, he felt there is some feeling of the need to relax that requirement, not only because of the current Covid-19 situation, but he admitted it is an extensive requirement to get 850 signatures. He commented that the City’s requirement on that number is among the highest, if not the highest, number of signatures required in the State of Michigan. He would like to request City Administration provide a report to Council the requirements of other cities with regard to their signature requirements. He could not recall if this information has been provided to them in the past. Mr. Vanderpool recalled some information has been provided in the past, but it has been a while. He stated he will look to see what they have and provide a response to Council. Regular City Council Meeting Tuesday, April 21, 2020 Page 12 Mayor Taylor questioned if they want to get something either on the August or November ballot in order to have a Charter amendment, he questioned as to their time frame. Mr. Vanderpool deferred to the City Attorney but noted they have sufficient time. Mr. Kaszubski agreed with Mr. Vanderpool that there is sufficient time to put something together, but a decision would have to be made in the next month or so. Mayor Taylor requested a background as to what other comparable cities in the State of Michigan are requiring. He felt about half the signatures of what they are currently required to obtain would be reasonable. He indicated he is not necessarily in favor of only requiring payment of a fee, but he felt a signature requirement in the 400-range would seem reasonable. He would like this on the agenda for one of the next two meetings. Mayor Pro-Tem Sierawski agreed they need to obtain the information for what other communities require. She agreed it is difficult to get those signatures, even for Council members, and she felt it is an unfair burden. She felt it favors the Council members, but does not favor the City as a whole, so she agreed it is time they allow the residents to weigh in and make the decision on this. She thanked Mayor Taylor for bringing this up. Mayor Taylor questioned whether there are any objections. Regular City Council Meeting Tuesday, April 21, 2020 Page 13 Councilman Radtke appreciated this being brought up by Mayor Taylor. He stated he recently had a long conversation with the Michigan Municipal League about this topic, and he was informed by them that Sterling Heights has the highest signature requirement in the State by more than double. He noted they claimed the next highest requirement is 350 or 400 signatures, but they would have to check their records to confirm. He felt dropping this number to 350 or 400 to be in line with other communities would be better for people running for Council, adding it is almost impossible for the average person to collect nearly 1,000 signatures to make sure they can be included on the ballot in Sterling Heights. He noted he is looking forward to the report. Councilwoman Ziarko stated she has been through ten elections, and although it is not easy to get 1,000 signatures, but it was required by Charter. She would be interested in listening to whatever is brought forward, but she does not know if she agrees with the numbers being brought forward this evening. She felt the basis for putting the effort to get the signatures was so that they could save the money from having a primary election, which can run a city $70,000. She stressed if she wants her name on the ballot, she knows the signatures are her responsibility and that is what she has to do. She reiterated she would have to listen to the numbers before she can agree with how someone is placed on the ballot, and that is decided by the residents of the City. Councilwoman Koski explained she has been through fourteen elections, and it used to be easy to obtain signatures, often standing in front of a grocery store. Regular City Council Meeting Tuesday, April 21, 2020 Page 14 She admitted it is not that way anymore, and with the Covid-19 situation, there is talk it could be worse next year, which would make it difficult to get any signatures. She felt they should look at requiring possibly 100 signatures and charge a fee, possibly $500. She felt they need to be realistic in looking at what they are dealing with now. She stressed they want people on the ballot, so they need to change their way. Councilwoman Schmidt assured she is open to listening to any information brought forward, but stressed she is not in favor of only paying a fee to get a name on the ballot. She was concerned that brings in a lot of other things that “muddies the water” in an election. She stated she will listen to reducing the numbers, depending upon how much, but she reiterated she will never be in favor of straight fee payment in lieu of signatures. Mayor Taylor felt Mr. Vanderpool has clear direction and questioned whether he can let Council know when they need to have a decision to get it on to the November ballot, including the deadline and procedures. He is aware a lot of their focus is on important issues with the Corona virus response from the City at this time, but he stated any information they can be provided with would be appreciated. He did not feel it will take a lot to confirm that Sterling Heights has the highest signature requirement, which is even higher than the City of Detroit. He questioned whether Mr. Vanderpool needs any further information. Mr. Vanderpool replied the direction is clear and he does not need further information. Regular City Council Meeting Tuesday, April 21, 2020 Page 15 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 he has nothing tonight. 13. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski. No: None. Absent – None. The motion carried. The meeting adjourned at 7:37 p.m. MELANIE D. RYSKA, City Clerk