City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, MAY 19, 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 teleconference, in accordance with Governor Whitmer’s Executive Order 2020-75, 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 Michigan 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 teleconference during communications from citizens toward the end of the meeting 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, May 19, 2020 Page 2 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 provided an update on the Covid-19 statistics, specifically as they relate to Sterling Heights and are tracked by Macomb County. Covid statistics are trending downward, and the death rate has decreased as well, with zero deaths attributed to Covid the last few days in Sterling Heights. When looking at the chart showing the percentage of cases based on population, Sterling Heights is lower, both in the number of cases and in the number of deaths. Mr. Vanderpool stated they are focusing on the City’s reopening plan, and he summarized the key points. The Governor’s current Stay-At-Home order expires at midnight on May 28th, so facilities can begin to reopen under a restricted manner outlined by the Governor. The plan is well within the guidelines of what the Governor has recently outlined for the Upper Peninsula and northern Michigan, and consists of twenty-five percent occupancy at the City’s facilities, Regular City Council Meeting Tuesday, May 19, 2020 Page 3 including employees and visitors. It is very restrictive but necessary to maintain social distancing. Visitors will be required to wear masks, and only ten visitors at a time will be allowed in City Hall. If there are more, visitors will be assigned pagers, and they can wait in their vehicles or outside until they are paged, at which time they can proceed to the appropriate counter. He anticipated it will go smoothly, with monitors at the door. City employees will go through daily health screenings, which will be completely automated by an app they will have on their smart phones or iPads. They can go through the assessment, either at home or as they enter the building, and they will be required to report their temperature. He stressed the automated assessments are efficient and help with content tracing if there are any problems they may encounter with someone being exposed or testing positive to Covid-19. They will also have the ability to test employees at the CareHere facility in City Hall if anyone becomes symptomatic at any time. All employees will be provided with personal protection equipment, and any visitors who come in but do not have a mask will be provided one. There is plexiglass screening at all of the counters, sneeze guards at all other devices such as copiers, and many hand sanitizer stations that can be used by visitors and employees. Their cleaning crew will continue to do their routine cleaning and on the weekends will do deep cleaning of the City’s facilities. They will be wiping surfaces such as handles and doorknobs throughout the day. Interior doors will have devices, or latches that can be pulled out with a forearm that will allow touch-free opening of the doors. Regular City Council Meeting Tuesday, May 19, 2020 Page 4 Mr. Vanderpool noted they have a campaign they have been promoting over the last couple of months, entitled “No Shirt, No Shoes, No Problem,” and it contains a list of all of the at-home services that businesses and residents can access remotely from home or business. They now have virtual inspections for those who cannot schedule an actual visit with an inspector or do not feel comfortable doing so. These are conducted via Facebook and Zoom, and he suspected they will be adding other options to the list. More information can be obtained by going to www.sterling-heights.net/athomeservices or www.sterling-heights.net/scheduleinspections. Facilities will be opening to the public on Wednesday, June 3, 2020, with employees reporting back to work on Friday, May 29, 2020. If the Governor does not allow offices to open on May 29, this may change. Mr. Vanderpool explained at the last meeting, City Council requested information regarding the City’s Charter requirement as it relates to signature requirements to get on City Council. Incumbents and new persons running for City Council are all subject to the Charter requirement that requires each candidate file petitions of candidacy with the Clerk containing signatures of a minimum of one percent and no more than four percent of the total registered voters of the City. With 86,200 registered voters in 2019, that means 862 verified signatures would be required of each incumbent or new person wishing to run for City Council. City Council expressed concern that is a high threshold, especially in this time of a pandemic that will most likely not be Regular City Council Meeting Tuesday, May 19, 2020 Page 5 subsiding soon. He showed a slide depicting how this requirement ranks with comparable communities, noting Troy requires 60 signatures, Farmington Hills requires 200 signatures, and Southfield requires slightly more than 200 signatures. The State of Michigan also has a default threshold for communities that do not have a Charter requirement, and that is no less than 600 signatures and no more than 1,000 signatures. The City’s requirement is more in line with the State requirement, which is applicable to many communities across the State of Michigan. Mr. Vanderpool outlined the options available to City Council. The first is to amend the City charter through a vote of the people to be consistent with the State threshold, which would require a minimum of 600 signatures, so that would be a reduction of 262 signatures required in the current Charter. The second option would be to reduce the one percent in half, which would reduce the required signatures to 431. The third option would be to set a fixed number, but the second and third option would have very little variation. Mr. Vanderpool summarized the critical dates on a timeline if City Council would like to proceed with a change in the Charter and place it on the presidential ballot in November. He stated City Administration would need some direction starting this evening, and no later than the June 2, 2020 City Council Meeting, which would give them some time to prepare a Resolution of the proposed ballot language and present it to Council at their June 16, 2020 meeting. They have historically submitted proposed amendments to the Regular City Council Meeting Tuesday, May 19, 2020 Page 6 Governor’s office and Attorney General’s office for a preview, and although this is not required, it has been very advantageous because it can avoid any last- minute problems. He added they have a very good working relationship with the staff in the Governor’s office so they are confident about that process. The wording would then be approved by the Governor and Attorney General, and it would have to be certified by the City Clerk and the Macomb County Clerk by August 4, 2020. He hoped that would help them address the problem of pandemic challenges moving forward, although they hope there will be a vaccine for Covid-19. Mr. Vanderpool talked about the issue of term length for the Mayor and City Council positions. They are currently non-staggered two-year terms, and in looking at the data across the country, it is clear that the City of Sterling Heights is in the minority of communities that have two-year terms, both nationwide and across Michigan. He showed a slide indicating that, based on a nationwide sampling, ninety-two percent have four-year terms for City Council, and nearly eighty percent have four-year terms for the position of mayor. He explained the four-year terms make a compelling argument for best practice for numerous reasons, including the cost savings, with each election costing $75,000. If primaries are needed, that cost is doubled. Changing elections to every four years would align with best practices and also with the majority of cities nationwide. Four-year terms provide consistency and continuity, noting that most community projects take a long time to accomplish. He cited the Regular City Council Meeting Tuesday, May 19, 2020 Page 7 example of Mound Road, which has been an ongoing plan for five years, and development projects can also extend over several years. He acknowledged that has not been a problem here in Sterling Heights, but he indicated it could be a problem in two-year cycles. Four-year terms enable City Council members to devote more of their time to city initiatives and projects rather than having to focus on reelection campaigning every other year, which is time consuming. Four-year terms may provide challengers with more time to better prepare for an election, enhancing the fairness of the democratic process. Mr. Vanderpool addressed the question of staggered terms versus non-staggered terms as relates to best practice. The nationwide data reflects more of a split but moving to staggered terms may cause confusion since the long-standing practice has been non-staggered terms. Staggered terms would negate the savings that would result in four-year terms. They may necessitate a two-year term for mayor, which would avoid disparity in lower voter turnout for the three council members who would run in off-years when the mayor is not up for election, considering that mayoral elections have a larger voter turnout when looking at nationwide statistics. This could also benefit the three council members who are running at the same time as the mayor. He strongly urged the Council, if they are going to consider four-year terms, that they consider continuing with the non-staggered terms. Mr. Vanderpool informed that the timeline for an amendment to this provision would be identical to the timeline for the signature requirement that was discussed. He stressed that, since these items Regular City Council Meeting Tuesday, May 19, 2020 Page 8 are both time-sensitive, the Administration would appreciate getting some beginning of direction this evening, but definitely solidified on the June 2 meeting for potential formal action by City Council on June 16. Mr. Vanderpool stated that, at the conclusion of tonight’s meeting, he is requesting that the City Council convene a Closed Session pursuant to Section 8 (e) of the Open Meetings Act to consult with the City Attorney regarding legal strategy in connection with the City’s pending litigation in Macomb County Circuit Court; Case No. 2017-00052-AS. 6. PUBLIC HEARING A. Mayor Taylor stated this is to consider approval of a First Amendment to Consent Judgment in the case, Orley, et al vs. City of Sterling Heights; Macomb County Circuit Court Case Nos. 86-4245-CE and 89-4043-CE involving property commonly known as 2260 18 Mile Road. He invited City Planner Chris McLeod to give a presentation. City Planner Chris McLeod explained this is a proposed first amendment to a Consent Judgment entered in 1996 for 42260 18 Mile Road. The Consent Judgment originally allowed this portion of the property to be utilized specifically as a supermarket but also for uses consistent with the City’s C-1 Local Convenience Business District uses. This property takes on additional residential properties around it but they are dealing specifically with the former Kroger location. The property is currently zoned R-70 One Family Residential and the Consent Judgment is what dictates what happens with this property. Neither of the proposed uses, being an indoor storage facility for the former Regular City Council Meeting Tuesday, May 19, 2020 Page 9 Kroger building and a stand-alone Walgreens Drive-Through Facility on an outlot of the parking lot, is permissible under the current Consent Judgment terms. He showed a slide depicting the existing zoning configuration of the existing property and surrounding properties, noting that there is a myriad of zoning classifications in the area. Property to the east is zoned for single-family purposes and is part of this Consent Judgment and was allowed to be developed for multiple-family purposes. The Master Land Use plan calls for this area to be local commercial, and he noted that the proposed uses are somewhat outside of the intent of the Master Plan, but in looking at the building and configuration, as well as the land use in the area, a more intensive use could be considered for this site. He showed an aerial of the subject property, and he explained the Kroger facility, which is proposed to be occupied by CubeSmart, is not going to be expanded, although there will be minor changes to the facade. The Walgreens, proposed for the outlot, will be directly abutting McDonald’s, so the westernmost drive coming in off of 18 Mile Road will be the direct access for that Walgreens. He stated the Walgreens, if permitted, would not have any immediate impact to the surrounding residents because it will be right on the roadway. He showed a detailed plan which also reflects the landscaping, noting that the landscaped islands in the parking lot will be enhanced, as well as additional landscaping along the building front, the entrance to the northwest corner of the CubeSmart building, and along the 18 Mile Road frontage. He added that there is a Regular City Council Meeting Tuesday, May 19, 2020 Page 10 separate landscape plan for the Walgreens. The entrances to the CubeSmart building will receive some enhancements with brick and metal materials at the entrance, providing an updated look. He explained with the landscaping in place, the majority of this building, as well as the Walgreens, will not be visible to the general public until on the site itself. He showed the general interior configuration of the indoor storage facility, emphasizing that the building footprint remains unchanged. They will have standard office hours and anyone who has a unit in the building will have 24-hour security access to the building but the general public will only be allowed during normal business hours. Mr. McLeod discussed the proposed Walgreens, pointing out that any potential exterior abutting residential properties are far to the south and east, and they will be enhancing the landscaped along the 18 Mile Road frontage and throughout the site. This site meets and exceeds the City’s Zoning Ordinance requirements for landscaping and building materials. This use is a new concept for Walgreens, being mainly a drive-through facility measuring only 2,500 square feet, which is about one-fifth or one-sixth the size of their standard facilities. This is their new concept mainly for prescription services, and although customers can go in to shop, their stock will be limited. A slide depicted the façade of the building as well as their floor plan. He noted that their hours of operation for inside their store will be from 8 a.m. to 10 p.m., with their drive-through being open 24 hours. Details of the landscaping being proposed were shown. Regular City Council Meeting Tuesday, May 19, 2020 Page 11 Mr. McLeod summarized that, although the Master Plan calls for this area to be local commercial, the location, type and size of the building is atypical for a C-1 type use. There are multiple zonings around the area, and the storage uses are generally much less intense than any retail type of use, with generally ten to twenty, possibly thirty, people coming into the site on a daily basis. It provides an adaptive reuse of a vacant building, and there will be no outdoor storage allowed. There will be a second-floor interior to the building, but there will be no additional height, and he indicated the building is actually tall enough to split it in half to create two floors. He did not anticipate the drive-through will have an impact on surrounding properties because it is close to 18 Mile Road. The Walgreen’s also creates a more efficient use of otherwise underutilized property, which is a parking lot. He reminded that one of the directives of a Master Plan is to further utilize the parking areas and seas of asphalt that have been created over the years where retail may not need it anymore. He pointed out that the parking needs for indoor storage facilities are limited, so providing the additional building and use would help utilize the overall property. He offered to answer questions from City Council. Mayor Taylor inquired as to whether the petitioner would like to make a presentation at this time. He noted there are representatives on the line from both Walgreens and CubeSmart. Regular City Council Meeting Tuesday, May 19, 2020 Page 12 Mr. Brad Devault, representing Walgreens, deferred to Mr. Jason Canvasser, of Clark Hill PLC, who will be giving a joint presentation for Walgreens and CubeSmart. Mr. Jason Canvasser, of Clark Hill PLC, 500 Woodward Avenue, Suite #3500, Detroit, Michigan, thanked everyone for the effort and time they have spent on this project. He felt Mr. McLeod did a good job outlining the proposal. He talked about CubeSmart, a self-storage facility, which will be converted from the former Kroger. They are improving the façade and adding landscaping, but they are not changing the footprint of the building. He indicated research that has been done indicates a need for self-storage in the area, and he cited the statistics, noting the average is about seven square feet per person. They have to go out a three-mile radius to find any self-storage locations, and then they are only at an average of 4.73 square feet per person. He stressed it is an underserved area for storage, and this business model has historically been very stable. They do not feel the Covid-19 pandemic will have a negative impact on the need for storage. He stressed that the proposed storage facility will have a low impact on the area, with much less traffic than Kroger had at that location, and they anticipate between ten to fifteen customers per day, with three to four employees at any given time of the day. The building will be highly secure, with security cameras and those who have to come after hours will have to enter security codes and the cameras will still be monitoring. Regular City Council Meeting Tuesday, May 19, 2020 Page 13 Mr. Canvasser explained that there is an existing 14,000-square-foot Walgreens across Dequindre, and that building serves approximately 100 people per day who are filling prescriptions. They plan on closing that location because they want to go to a smaller model, but will still be taking care of their customers in the area by continuing to provide prescription services at the new facility, although they will not carry items such as greeting cards and some of the convenience items. They will still carry candy bars and some other items. He explained the C-1 zoning designation allows for the drug store use, but not a drive-through, which is why they are seeking approval of the amendment to the Consent Judgment. He estimated the drive-through window at a typical Walgreens accounts for approximately 30% of their business, although they anticipate the proposed location may be a slightly higher percentage. He anticipated they will have about four or five cars lined up at their busiest time, which is much less traffic than the nearby McDonald’s. He stressed it is important for them to have the drive-through window, and he mentioned some of their advantages. He concluded by stated they are seeking approval of the amended Consent Judgment, and he offered to answer questions. He noted that Mr. David Frank is also on the phone tonight on behalf of CubeSmart if there are any technical questions. Mayor Taylor opened the public hearing and stated the floor is open for calls from the public. Regular City Council Meeting Tuesday, May 19, 2020 Page 14 There was one caller but since his comment did not pertain to this item, he will be heard during the Communications from Citizens section. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the First Amendment to Consent Judgment for entry in the case, Orley, et al vs. City of Sterling Heights; Macomb County Circuit Court Case Nos. 86-4245-CE and 89- 4043-CE, and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Councilwoman Ziarko stated some of the questions she had were answered in the presentation, with one of those questions being the status of the other Walgreens in the area. She could see no reason to not move forward with this, and added it is a good use of the area and it is good to have some redevelopment. Councilwoman Schmidt thanked the petitioners, noting this is a quick turnaround for what could have been a long time of having an empty Kroger building. She agreed that these two uses are less intense than the former Kroger, and she could not imagine any residential development going on that property as it is zoned. She stated she is in full support of the motion. Mayor Pro-Tem Sierawski loves the idea of CubeSmart, but she also wanted to thank the Walgreens developer because they worked with the City to alter the plan to their request. Councilman Radtke commented that the Master Plan reflects this property as a Local Convenience district, and he questioned whether a storage facility is generally allowed in that district. Regular City Council Meeting Tuesday, May 19, 2020 Page 15 Mr. McLeod replied that in most cases, this would not be a use allowed in a C-1 District. He explained that in any Consent Judgment, they deal with the uses brought forward and determine whether that use is appropriate for that particular area. He pointed out this building is not typical of a building in a C-1 District, but he envisioned that when the Consent Judgment was executed, while the specific use being proposed was for a supermarket, the City wanted to protect itself moving forward and put a very limited use of the C-1 in place so that any future uses would either be very limited in scope, or they would have to come back before Council as they are doing now. The City Council has to determine whether this use is conducive to this particular area, considering the outside impacts, which in this case he felt would be limited. He felt that in this particular instance, an exception can be made. Councilman Radtke is aware they have a “nodes” plan they have been working on that addresses certain areas, and he inquired as to how this proposed Amendment fits into that plan. Mr. McLeod replied this particular area is not included in the eleven “nodes” addressed in the Master Plan. He acknowledged that 18 Mile and Dequindre is a relatively large intersection, but it is not the largest intersection, so the land uses currently there and the way they are configured did not result in that area being within one of those traditional nodes in the Master Plan. Councilman Radtke expressed concerns about this, claiming they have already approved several storage facilities within the City. He did not feel this adds Regular City Council Meeting Tuesday, May 19, 2020 Page 16 anything to the local neighborhood, noting the storage facility is a passive use, and the Walgreens is going down from a full-service facility to a drive-through facility. He commented that, although he did not blame Kroger for wanting to sell the property, especially to a competitor, he does not feel it complies with the Master Plan. Councilwoman Koski questioned how many storage units will be at this facility. She further questioned what people are allowed to store in these units, and what is the company’s method of checking the items being brought in to assure compliance. Mr. Canvasser noted there was a floor plan shown on one of the slides. He assured there are no hazardous materials allowed. He deferred further clarification to Mr. David Frank. Mr. David Frank, CEO of DealPoint Merrill, 22815 Ventura Boulevard, Suite 310, Woodland Hills, California 91364, explained DealPoint Merrill is a national firm that has a real estate division but also owns storage facilities across the country. He replied to inquiry the units for the public will range in size, with options of ten-foot by ten-foot, ten-foot by fifteen-foot and five-foot by seven- and-a-half-foot units. He stated approximately thirty percent of the building will be used by businesses in the surrounding community, with seventy percent used by residents in the area for their personal belongings. Their leases prohibit guns, hazardous substances, and other restrictions. The office is manned and when the unit is rented, the customer must agree to and abide by Regular City Council Meeting Tuesday, May 19, 2020 Page 17 the rules and conditions of the lease and the use of the storage unit. The units are on a month-to-month lease, and the management is allowed, through the lease agreement, to do random inspections throughout the course of the rental agreement. Councilwoman Koski thanked Mr. Frank for answering her questions. Mayor Taylor appreciated the work done by City Administration and also by the developers and all parties involved. It was a quick turnaround and they did not have a vacant building sitting for a long time. He felt the statistics show there is a strong market. He commended the developers for coming back to City Council with a more desirable façade and elevations than originally proposed. He spoke with one of their colleagues in Chicago and believed this may be one of the first of these concepts in the entire country. He commented that they are happy to have it and he wished them all good luck. Yes: Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski. No: Radtke. Absent: None. The motion carried. 7. ORDINANCE ADOPTIONS A. Mayor Taylor stated this is to consider adoption of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the east side of Dequindre Road, north of 14 Mile Road, in Section 31, from O-2 (Planned Office District) to R-60 (One-Family Residential District); Case PZ20- 0001 – Sikh Society of Michigan, Inc. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the east side of Dequindre Road, north of 14 Mile Road, in Section 31, from O-2 (Planned Office District) to R-60 (One Family Residential District); Regular City Council Meeting Tuesday, May 19, 2020 Page 18 Case PZ20-0001, subject to the terms and conditions of the Conditional Rezoning Agreement that the Mayor and City Clerk are hereby authorized to sign on behalf of the City. Councilwoman Schmidt noted this was explained to them and discussed at the last meeting. She commented it is a residence for the head of the Sikh Temple and she felt it is appropriate and is in full support. Yes: Schmidt, Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke. No: None. Absent: None. The motion carried. 8. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of May 5, 2020. B. To approve payment of the bills as presented: General Fund - $893,986.85, Water & Sewer Fund - $2,885,368.74, Other Funds - $2,357,871.07, Total Checks - $6,137,226.66. C. RESOLVED, to award the bid for diesel exhaust system repairs to Hastings Air Energy Control, Inc., 5555 S. Westridge Drive, New Berlin, WI 53151, in the amount of $37,221.36. D. RESOLVED, to reject the bids received for installation services for new exterior wall panels at the Sterling Heights Police Department and Public Library facilities, Phase 1 and 2, ITB-SH20-027, and authorize the Office of Purchasing to proceed with a re-bid. E. RESOLVED, to: A. Approve amendments to the City of Sterling Heights’ fiscal year 2019/2020 CDBG One-Year Action Plan and the 2019/2023 Consolidated Plan that are necessary to receive, allocate, and administer $477,452 of CDBG-CV grant funding. B. Approve the Citizen Participation Plan, as amended. Yes: Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt. No: None. Absent: None. The motion carried. 9. CONSIDERATION ITEM Regular City Council Meeting Tuesday, May 19, 2020 Page 19 A. Mayor Taylor stated this item is to consider approval of the fiscal year 2020/21 Community Development Block Grant One-Year Action Plan. He invited City Planner Chris McLeod to give a presentation. City Planner Chris McLeod explained this is their forty-sixth year of implementing the Community Development Block Grant (CDBG) funds which provides so many services to their low-and moderate-income residents and in areas that fall within those particular areas of the city. He anticipated they will receive approximately $811,624, which is up slightly from previous years, and he outlined how those are anticipated to be spent. There are both national and local directives that need to be met, and housing revitalization is one of the goals they try to meet for low- and moderate-income persons. There are also services that are not geared to a specific area but if a resident qualifies, they have the ability to have access to use these particular funds. He explained the people who were at the public hearing and submitted their applications and requests for funding are the only agencies at this point that can receive funding. He advised that each one of those agencies that properly sought money and requested in time received an allocation as close as possible to the amount requested. He broke down percentages, with 20% going for administration, 15% for services, and 65% for capital projects. He explained this year the capital projects involve Sanford Drive concrete replacement, minor home repair consisting of low-income grants, and Schoenherr Tower generator replacement. Mr. McLeod offered to answer questions Regular City Council Meeting Tuesday, May 19, 2020 Page 20 Moved by Sierawski, seconded by Ziarko, RESOLVED, to approve the fiscal year 2020/2021 Community Development Block Grant One-Year Action Plan, as recommended by the Citizens Advisory Committee and City Administration based on an entitlement of $811,624 and authorize City Administration to complete the Federal application and secure the funds. Mayor Pro-Tem Sierawski thanked Mr. McLeod for his excellent presentation. She stressed this money goes for very worthy causes and is not able to be used for anything other than as designated. She is in favor of this plan. Councilwoman Ziarko stated she is glad Mr. McLeod explained to the residents how the money is allocated and the fact that any agency that applied for the money received an allocation. Mayor Taylor commended the work of the Citizen’s Advisory Committee for what they do every year to allocate this money, and he thanked them for their services to the City. Yes: Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski. No: None. Absent: None. The motion carried. 10. 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 in turn and that person will be asked if they want to participate and they will have four minutes in which to speak. • Mr. David Habib – questioned if reopening the City offices at twenty-five percent capacity and requiring masks is a state mandate or a City decision; questioned whether City would consider opening on June 3 regardless of whether or not the Governor extends the “Stay Home Stay Safe” order. Regular City Council Meeting Tuesday, May 19, 2020 Page 21 • Ms. Jazmine Early – in favor of changing City Charter to reduce number of signatures required to 100 or 200 signatures or to pay fee of $50 or $100 for City Council candidates; questioned discharge into storm drain on Somerset behind Meijer’s; looking forward to reopening of City and wished everyone a happy Memorial Day. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool addressed Mr. Habib’s questions, explaining that the City is mandated to follow the Governor’s Executive Orders, which require that businesses develop reopening plans. He stated the plans can be more restrictive than some of the guidelines outlined in the Governor’s Executive Orders, and the City has proceeded with reopening plans under the premise of guidelines provided by the Center for Disease Control (CDC) and the Governor’s six-phase reopening plan, including common social distancing practices. There is not a strict mandate that indicates they will be penalized if they do not adhere, but their plan was developed under what they consider best practices and centered on making sure both the employees and visitors alike are safe. He addressed the question of whether the City will still be opening on June 2, 2020 if the Governor extends the “Stay-At-Home” order or prohibits the opening under the “office” category. He felt there is a small chance the Governor may not yet allow offices to reopen, and he stressed they have to comply with the Governor’s Executive Orders and no opportunity to violate them. Mr. Vanderpool addressed Ms. Early’s concern about Somerset Street. He assured they will look at it tomorrow, noting he has heard of it and felt their DPW Department may already be aware of it. He recommended anyone with Regular City Council Meeting Tuesday, May 19, 2020 Page 22 concerns can go to the City’s website and click on the main “Covid” menu at the top, there are numerous ways outlined that residents can contact the City directly. He noted there is a general assistance direct phone line that is staffed every day and that is also a senior assistance line. They also list other important numbers, and emails can be received at cityhall@sterling-heights.net so there should be no reason why residents cannot get in contact with staff. Mr. Kaszubski stated there is one item for Closed Session this evening. Mayor Taylor assured that the City is going to continue to follow the Governor’s Executive Order. He explained he is on a ListServe of mayors from around the State of Michigan, and someone sent an email asking whether their city is going to issue any guidelines contrary to the Governor’s directives. He estimated there were from fifty to one-hundred mayors who responded to state they would not go against the Governor’s orders. He indicated there may be some who indicate they are not going to enforce a certain provision, but he has heard of none who have said they will not follow it. He hoped they can all get back to work soon, but they will be following the orders. Mayor Taylor stated that, providing the Governor’s Stay-At-Home order is lifted, the City’s plan is to hold the next City Council meeting live at the Community Center on June 2. He noted that it will be modified and they will provide for social distancing and public safety, but it will be open to the public. He stated at that meeting he would like the City Administration to bring forward two proposals that can be discussed by City Council and hopefully voted on by the Regular City Council Meeting Tuesday, May 19, 2020 Page 23 registered voters in the November General Election, one proposal being to reduce the signature requirement to qualify to be on the ballot to run for Mayor or City Council, and the other proposal to ask for a Charter Amendment for four (4) year terms. He would personally like to see the signature requirement reduced to 400 signatures, but he dies not know whether tonight is the appropriate time to debate that specific number. He felt they have three options: 1) they can have a fixed number, such as 400, 500 or 600; 2) they can have a percentage of the registered voters, which is currently 1%; or 3) they can have a fee. He stressed he would not be in favor of any fee but would like to see a fixed number. If it is the pleasure of Council to have a percentage, that would work as well. He would like Administration to bring back a proposal to increase the term length from two years to four years, with those being non- staggered terms, starting in 2021. Mayor Pro-Tem Sierawski stated she is in favor of reducing the signature requirement, because even for elected officials, it is difficult to get 862-plus signatures. She stressed it is a burden and unfair the way it is now. She would like to see it go down to 400 signatures, and if they are going to a percentage, she suggested it could be set a 0.5 percent because it is already listed as 1 percent, so the language would remain consistent. She stated she is in favor of the four-year terms but with conditions. She is opposed to staggered terms because that negates any cost-savings. She stated if a Council member vacates their seat, the Council currently appoints a person to fill the remainder of their Regular City Council Meeting Tuesday, May 19, 2020 Page 24 term. With four-year terms, she felt if someone vacates their seat and the Council appoints someone to fill in, it should only be until the next election cycle of any election, at which time they should be required to run for that seat again. She explained that precedence for that has already been set for judicial seats, where they can be appointed to fill in but they have to run for that position in the next election cycle. She emphasized that they are not trying to change the Charter in a way that only helps the City Council members, but with this current pandemic, and the possibility of any in the future, she felt it is a time to address it. Councilwoman Koski agreed that they need to go back to four-year terms, and she would prefer to have them non-staggered. She pointed out that if they are staggered and there are elections every two years, three council members could theoretically run against the mayor, and if they lose, they would still keep their council seats. She noted that, regarding the number of signatures, she would prefer to set a fixed number rather than a percentage of registered voters. She suggested setting the number at 400 signatures, but would also like to see a fee, such as $400, that can be paid in lieu of the 400 signatures. She pointed out it is difficult to predict when they would run into a situation over which they have no control, where “Mother Nature” takes over, and they do not have a good opportunity to get signatures. She also noted that the locations where they can get signatures has been reduced and added that going door-to-door is not viable anymore because people hesitate to answer Regular City Council Meeting Tuesday, May 19, 2020 Page 25 their doors. She noted that supermarkets do not want anyone standing outside with a clipboard. She agreed with Mayor Pro-Tem Sierawski’s suggestion that anyone appointed to fill a seat should have to run for that seat in the next election cycle. She felt the residents determine term limits so they do not need to be set. Councilwoman Schmidt questioned whether the direction for City Administration is to come back to the next meeting but without a number or percentage of signatures to be required. Mayor Taylor replied it will depend upon the discussion tonight. He suggested they have the debate at the next meeting, but the City Administration needs some direction tonight on whether to proceed to prepare these items for the next meeting. He anticipated they could prepare two options for the signatures, one requiring a percentage of registered voter signatures, and the other requiring a set number. He did not know whether having one with a fee in lieu of signatures will be something for which the Council is in favor. They can also put together something for four-year terms. He brought it up tonight for a general discussion to see where the Council members are on the issues. Councilwoman Schmidt felt changing the number of signatures helps everyone, including incumbents and those interested in seeking a Council seat. She stated she would be more comfortable with the State threshold of 600 signatures, or 0.75 percent of registered voter signatures, but she emphasized she would never be in favor of paying a fee. She commented that those Regular City Council Meeting Tuesday, May 19, 2020 Page 26 running for City Council need to put some sweat equity into it because it is a lot of work being a Council member. She felt that requiring signatures eliminates those who are not really interested in the position but are doing it to break up votes. She stated she is in favor of four-year non-staggered terms of office but does not feel there should be term limits. She indicated they can lose some good people to term limits, and the voters have the right to change the council members by their votes. Councilwoman Ziarko would like the residents to know they are not looking to amend the Charter because of Covid-19 but reducing the number of signatures has come up for the last fifteen years. She agreed it is difficult to obtain those signatures, and it often takes fifteen months to get the signatures they need. She would prefer a percentage rather than a fixed number, noting the City will likely continue to grow, but if they have a reduced number of registered voters, that number would also come down and it would be a fair way to do it. She hoped they will all be on the same page if they decide to do this because she wants it to pass. She recalled they have had four-year terms on the ballot twice before, and it failed both times. She is in favor of four-year terms. She recalled there may be something already in the Charter that if someone is appointed to fill a vacant Council seat and it is a certain number of months before an election, it has to go to that election to fill that seat. She suggested it would be even more important if they go to four-year terms, and everyone will benefit from these changes. She added reducing the number of signatures required is Regular City Council Meeting Tuesday, May 19, 2020 Page 27 not going to hurt the City. She did not agree with term limits, adding that leadership is not a term limit. She felt no one should be put out of office if they are doing a good job, and term limits are decided at the ballot box. Councilman Radtke stated he is in favor of both reducing the number of signatures and going to four-year terms. He suggested going to a fixed number of 400 signatures, which he claimed would still be one of the highest thresholds in the State of Michigan. It will give a better opportunity for those who may want to run for office. He stated he is in favor of four-year terms, and although he likes staggered terms, he understands the Council does not. He agreed with Mayor Pro-Tem Sierawski’s signature that anyone appointed to fill a Council seat upon a vacancy should have to run in the next election cycle if there are more than two years left in their term. He stated he is very much against term limits and the voters are the ones who determine who they want to be in office. He added term limits take people who are well-skilled and put them out of a job. Councilman Yanez stated he is in favor of a static number. He did not anticipate the City will lose a lot of residents in the future, but he suggested possibly requiring one percent, not to exceed 400 signatures. He added he would prefer to have the same number each year without it fluctuating. He agreed with four-year terms, and with the city-manager form of government, that would fit very well. He stated he would be interested to hear if there is already something in the City Charter that addresses the requirement for an Regular City Council Meeting Tuesday, May 19, 2020 Page 28 election if a Council seat is vacant and someone is appointed to fill that position. He stated he would support either a 400- or 600- signature requirement, and four-year non-staggered terms of office. He stressed he is very much against term limits because it makes it difficult to move the city forward. Mayor Taylor summarized the general opinions of Council based on the discussion tonight, with the general consensus that they would like a proposal brought forward at the next City Council meeting to prepare Amendments to the City Charter, to be placed on the November ballot, regarding changing from two-year terms of office to four-year terms of office for City Council members. He felt they will need clarification on how vacancies work, adding he understood that currently if there is a vacancy, they have a certain number of days to make an appointment. If they do not make an appointment within that time, there has to be a special election; however, if there is less than a certain period of time until the next election, then they do not have to hold a special election. Mayor Taylor felt many of the Council members will vote in favor of four-year terms only if there is a provision that appointments must go to a special election if there is more than two years remaining on that term. He counted five Council members who indicated they would be comfortable with a fixed number of signatures for a ballot petition, whether it be 400 or 600, with four members citing 400, one member citing 400 or 600. He added three council Regular City Council Meeting Tuesday, May 19, 2020 Page 29 members indicated they would be comfortable with a percentage of the registered voters, and one would also be comfortable with a fixed number. He suggested City Administration bring this back with a fixed number and with a percentage because they do not have five Council members all in agreement, but he anticipated there is room for compromise. He inquired as to whether Mr. Vanderpool and Mr. Kaszubski have clear direction for the next Council meeting. Mr. Vanderpool felt it is as clear as it can get tonight with the number of signatures. He indicated they can watch the meeting again and provide good options based on Councils indications tonight. He agreed the four-year term issue seems much clearer. He reminded they can have a debate on some of the options at the June 2 meeting, and it will become clear by June 16. Mayor Taylor stated it appeared as though they lost Mr. Kaszubski on the line. Councilman Yanez did not anticipate Covid-19 coming back again in the fall, but he indicated they may need to think about what will happen if they cannot get seven people who can acquire enough signatures because people do not want to physically come in close contact. Councilman Yanez commended the Sterling Heights Veterans of Foreign Wars (VFW) does a great job for veterans, and they are suffering like everyone else because the functions they have to raise money have had to be canceled because of the “Stay Home, Stay Safe” order. He announced that they are having a can and bottle drive for all returnables at their facility, located at Regular City Council Meeting Tuesday, May 19, 2020 Page 30 44400 Van Dyke, across from the park in Utica, on Mondays through Fridays from 1 p.m. to 5 p.m. He stated the donations would be greatly appreciated. Mayor Pro-Tem Sierawski stated she is looking forward to having in-person meetings at the Community Center. She stated they will be wearing masks although they can take them off while they are talking. She addressed the number of signatures needed for candidate petitions, and stressed that, although she is not set on a certain number of signatures, she felt “sweat equity” is extremely important to convince voters they are willing to do the work. If they do run into a continuing situation where they cannot get signatures, they have a lot of opportunity to look at it right now. She felt a dollar amount per signature may be a good option. Councilwoman Ziarko congratulated the Community Foundation Scholarship recipients, noting they generally have a special meeting each year at this time to award and congratulate them. She appreciated Mayor Taylor’s update on his conversation with other mayors throughout the country, and she believed at this time, municipalities are running everything. She was thankful that Mr. Vanderpool is “doing the heavy lifting” and they are all still getting together to make sure everyone is doing what they need to do. She would like research on electronic signatures, noting the current pandemic is a very unusual circumstance. She hoped this will not happen again for at least another hundred years, but she felt there should be some provisions. She would be in favor of researching electronic signatures down the road, finding out how it Regular City Council Meeting Tuesday, May 19, 2020 Page 31 works, whether there are communities where this is done and how it is controlled so that it is legal. She wished everyone a Happy Memorial Day and to remember the families of those who lost their lives. Councilwoman Schmidt acknowledged the upcoming Memorial Day, honoring those who gave the ultimate sacrifice, as well as remembering their families. She emphasized they cannot forget the soldiers who gave up the opportunity to enjoy the freedoms so that others can enjoy them. Councilman Radtke concurred with his colleagues that this Memorial Day will be unlike most years when they are able to attend a parade and honor those who have served their country and given up their lives. He commented that one of the problems with the election this year and why a judge administratively reduced the ballot signature requirement in half is because some townships and cities have requirements and no one was able to make the ballot because of not being able to get signatures due to the Covid-19 pandemic. He read in the paper today that the State Election Board has issued new guidance on absentee ballot mailing and he requested clarification. Clerk Melanie Ryska stated last week the Bureau of Elections issued a statement changing their opinion on whether or not communities could mail out absentee voter applications to all registered voters. Previously they were of the opinion that cannot be done, but they have changed that opinion. She noted there has been a new development that was in the newspaper today, and Clerks across the state just found out about it this morning, that Secretary Regular City Council Meeting Tuesday, May 19, 2020 Page 32 Benson sent out absentee ballot applications to all registered voters that are not on a permanent absentee ballot application list. In this City, they have approximately 89,881 registered voters, and nearly 15,000 of those are on their permanent absentee list. She confirmed with the Bureau of Elections that absentee applications for all of the registered voters not on the permanent absentee voter list went out in the mail yesterday and today. Councilman Radtke questioned the cost savings. Clerk Ryska replied there are close to 90,000 registered voters minus the 15,000 on the permanent list, so about 75,000 were mailed out by the State. She estimated the cost savings to the City is approximately $18,000. Councilman Radtke stated he is pleased that Secretary Benson did this, and he recalled she had mentioned it to him that she was considering it. He felt it is will be great for the community, and everyone can vote safely from home if they choose to do so, which will protect more voters and volunteers who are staffing the precincts. He noted precincts will still be open on election day if they choose to vote in person. He hoped they will pursue the possibility of drop boxes at the four fire stations, as well as at City Hall, and that his colleagues will concur with that. Councilwoman Koski stated the reason she brought up the dollar amount with a fixed number of signatures was based on the same concern expressed by Councilman Yanez that there may be conditions out of their control that would prevent the possibility of obtaining signatures. She noted there are a lot of Regular City Council Meeting Tuesday, May 19, 2020 Page 33 people who can sign a petition but would not know how to do it electronically. She would like to have a dollar amount available in lieu of the signatures in the event there is a situation that prevents signatures. Mayor Taylor thanked the Council for having the discussion about the two proposals, and he is looking forward to the next Council meeting to get these on the ballot. He felt it promotes efficient government, continuity of services and making sure they are following best practices, although the residents will have the final decision. There are a lot of projections of lost revenue. He stated he was on a call with members of the Ninth Congressional District, representing about twenty-two communities, and the consensus was that it is not clear as to whether there will be hundreds of thousands of dollars or millions of dollars in lost revenue, but he understood it will be staggering for a lot of communities. He felt anything they can do to save money now will be something they need to look at. He stated they are working hard on the Heroes Act, passed by the House of Representatives on May 15, which would allocate a significant amount of funding to cities like Sterling Heights in order to keep paying for trash collection, police officers and firefighters, continued delivery of clean water and paving of streets. They have to prepare for that, and he is hopeful something will be passed. The Heroes Act would result in about $39 million in revenue for the City of Sterling Heights over the next two years, which is an incredibly significant amount of money they will need. He stated he has spoken with the State senators about this. Regular City Council Meeting Tuesday, May 19, 2020 Page 34 Mayor Taylor stated as they look at Memorial Day, it is tough to miss all of the festivities they usually look forward to. He mentioned a family in Sterling Heights, Nameer and Nada Ayram, who both died at a young age from Covid- 19 within twenty days of each other, leaving behind three children ages 20, 18 and 13. He thanked the police officers, firefighters and front line workers in the hospitals who put their lives on the line to try to save lives. He felt it is a minor inconvenience to wear a mask when going into a store, or not go to the store if not necessary, but he urged everyone to do what they can, noting it may save a life. He commended the people in Sterling Heights for doing a great job and requested they keep it up. He stressed their hearts go out to the Ayram family and hoped anyone who is able will reach out to help, adding that there are 123 other residents of Sterling Heights who have died within the last sixty days. He urged people to contact the City if there is anything the City can do to help them. 11. UNFINISHED BUSINESS There was no unfinished business. 12. NEW BUSINESS There was no new business. 13. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Moved by Ziarko, seconded by Sierawski, RESOLVED, to recess into closed session. Yes: Yanez, Ziarko, Koski, Radtke Schmidt, Sierawski, Taylor. No: None. Absent: None. The motion carried. The meeting recessed into Closed Session at 9:23 p.m. and reconvened at 9:38 p.m. Regular City Council Meeting Tuesday, May 19, 2020 Page 35 Moved by Ziarko, seconded by Taylor, RESOLVED, to authorize the City Manager to execute a settlement in Case No. 17-000052-AS, consistent with the recommendations of the City’s legal counsel. Yes: Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez. No: None. Absent: None. The motion carried. 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. Absent – None. The motion carried. The meeting adjourned at 9:41 p.m. MELANIE D. RYSKA, City Clerk