City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 18, 2020 IN COMMUNITY CENTER 1. Mayor Taylor called the meeting to order at 7:00 p.m. 2. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members present at roll call: Deanna Koski, Michael V. Radtke Jr., Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda with the addition of the swearing in of a new Sterling Heights Police Officer (Item 6A). Yes: All. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool provided an update on the Microenterprise Assistance Grant Program to small businesses. They have been working on the program that is now being rolled out. He explained the program provides grants rather than loans to small businesses with five employees or less, and they can be used to assist with the payment of a business’ preparation, prevention, and responses to the coronavirus. He outlined some of the activities for which the funds can be used, which includes purchasing materials or equipment needed to adapt business spaces and activities to comply with CDC guidelines, as well as Regular City Council Meeting Tuesday, August 18, 2020 Page 2 revenue shortfalls in the areas that affect rent, mortgage payments, and utility bills. He advised that to be eligible for this program, the applicants must have a Dunn and Bradstreet number (DUNS) and they must be registered in the federal System for Award Management (SAMS). He explained that those businesses who need assistance with their SAMS registration can attend a free webinar on September 8 from 9 a.m. to 11 a.m., adding that webinar will help businesses that do not have a DUNS or SAMS number to get them. He noted they strongly encourage businesses to participate in the webinar because it will streamline the application process. Those businesses that already have those numbers can begin submitting their applications on September 1. He informed that the maximum award for the Micro Grants is $5,000, although it could be less, depending upon the circumstances, but they are strongly urging small businesses to apply for the grant. For more information, he recommended they visit www.sterling-heights.net/microgrant and they will be able to get all of the information they need, as well as links to the webinar or application, adding it has the deadlines listed as well. He concluded his report by stating they look forward to dispersing this much-needed funding for small businesses. 6. PRESENTATIONS A. Mayor Taylor stated this has been added to their agenda this evening and is a swearing in of a new Sterling Heights Police Officer, and he invited Police Chief Dale Dwojakowski to make the presentation and swear in the new officer. Regular City Council Meeting Tuesday, August 18, 2020 Page 3 Police Chief Dale Dwojakowski explained they were starting the process of hiring the new officer in February, but with Covid-19 lockdown, they had to wait a few months. He introduced Officer Adelajda (“Addy”) Shehu, who graduated from Henry Ford II High School in Sterling Heights. She moved here from Albania when she was five years old, speaks Albanian, and just completed a year of police work in the City of Hamtramck. He stated she has always considered being a police officer in the City of Sterling Heights her dream job, which speaks highly of Sterling Heights. Chief Dwojakowski swore in Officer Adelajda Shehu. Officer Shehu thanked the Chief and City Council for giving her this opportunity and making her dream come true. She thanked her family for their support, and she is looking forward to getting to work in the City. Chief Dwojakowski thanked Council for their continued support in funding. Mayor Pro-Tem Sierawski recalled when Officer Shehu was serving at Dodge Park Coney Island, a restaurant they loved to frequent. She congratulated her and was confident she will make an excellent addition to their law enforcement team. Mayor Taylor welcomed Officer Shehu to the City on behalf of the entire City Council and the 135,000+ residents of the City. He thanked her for her service, and acknowledged that, although this is a difficult time for police officers, the officers in this City have always maintained the highest level of professionalism and always answer the call. He wished her well in her new position. Regular City Council Meeting Tuesday, August 18, 2020 Page 4 7. PUBLIC HEARINGS A. Mayor Taylor stated this is to consider the application by Aperam Stainless Services & Solutions, USA, LLC for an Industrial Facilities Tax Exemption Certificate (IFEC) at 7077 18-1/2 Mile Road. He invited Senior Economic Development Advisor Luke Bonner to give a presentation. Senior Economic Development Advisor Luke Bonner explained that Aperam Stainless Services is applying for this Industrial Facilities Exemption Certificate for a new 100,000-square-foot facility at 18-1/2 Mile Road. The investment is slightly over $9 million in real property and $1.8 million in personal property. They have been in the community for about 18 years, previously known as ArcelorMittal, He noted the vacancy they will be creating on Center Drive will allow for another Sterling Heights company to grow into that building, or a company not currently in Sterling Heights to move there. They also have a building on Mound Road, located in front of the new Amazon Distribution Center. It is a 30-foot-high crane facility, and he assured both of those facilities are in high demand, so he does not anticipate they will remain vacant for long. Mr. Bonner stated that, based on their investment of $9 million dollars, the relocating of the thirty-five jobs currently at Center Drive, the addition of five new jobs, plus the high technology activity credit of one year, they are recommending a ten-year tax term. With the new jobs created and the economic multiplier of four, they anticipate another indirect twenty jobs created and another $900,000 of economic impact in the community. They anticipate there will be new revenue in the amount of $367,000 of new city Regular City Council Meeting Tuesday, August 18, 2020 Page 5 taxes generated over the ten-year period of time, and $739,000 of new school taxes generated. He invited Mr. Randy Kehl, Vice-President of Aperam Stainless, to talk more about the company and what they can expect in the future. Mr. Randy Kehl, Vice-President of Finance for Aperam Stainless, thanked Council for their consideration. He explained their company is part of a global manufacturer of stainless steel with producing mills in Europe and South America, headquartered in France. They have three sales agencies in North America and a processing and warehousing facility in Sterling Heights, known as the service center, where they process and sell stainless slick oils and sheets, primarily for the automotive and appliance markets throughout the United States, Canada and Mexico. They moved from Troy to Sterling Heights in 2002. They have been planning their move to 18-1/2 Mile for three years, and look forward to their continued growth here, which will include new hires in Sterling Heights. Mr. Kehl understood there are some questions about the buildings they are going to vacate, noting they currently lease two facilities, one on Mound Road which is listed. They expect that building to be subleased immediately due to the strong interest in that property. Their main plant is on Center Drive, and that lease runs through December 2022; however, they have a sublease provision and they intend to do that as they coordinate their move to their new facility. Their realtors feel it is more likely that they will find tenants who will sign long-term deals, allowing them to vacate their lease Regular City Council Meeting Tuesday, August 18, 2020 Page 6 immediately when that occurs. He informed that their new building is anticipated to be ready for occupancy in September 2020. He thanked the City of Sterling Heights and their employees for being great over the last eighteen years, and they look forward to many more years in this City as a business resident. He offered to answer questions. Mayor Taylor opened the floor for comments from the public, but no one spoke. Mayor Taylor closed the public hearing. Moved by Ziarko, seconded by Schmidt, RESOLVED, to adopt the resolution approving the application by Aperam Stainless Services & Solutions, USA, LLC, for an Industrial Facilities Tax Exemption Certificate at 7077 18-1/2 Mile Road, Parcel #50-10-10-09-200-053, for a period of 10 years in accordance with the guidelines established by City Council, and the Mayor and City Clerk are hereby authorized to sign, as applicable, all documents required in conjunction with this approval. Councilwoman Ziarko stated she has no questions, but commented she is not concerned about vacancies in this area. She agreed with their realtors that the buildings will possibly be filled before they have to sublease. She is appreciative, in reading the application and general information provided, that their products are sustainable and will help in the next level of the environment. She thanked them for finding another location in Sterling Heights, and she wished them well in their success. Yes: All. The motion carried. 8. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider the introduction of an ordinance amending Chapter 2 of the City Code of Ordinances to create the Diversity and Inclusion Commission. He invited Assistant City Attorney Donald DeNault. Regular City Council Meeting Tuesday, August 18, 2020 Page 7 Assistant City Attorney Donald DeNault stated this is the ordinance that was presented two meetings ago, at which time it was postponed. It is still up for introduction. He recapped the ordinance, which modifies the current Ethnic Community Committee, change its status to that of a Commission and change its mission to that of Diversity and Inclusion Commission. He noted that Community Relations Director Melanie Davis is also present tonight, and they are here to answer questions. Mayor Taylor opened the floor for comments and questions from the audience. • Mr. Charles Jefferson – questioned what is being diversified and included, and where this will take place. • Ms. Jackie Ryan – voiced opposition; already have an Ethnic Committee; it is constitutionally sound; concerned this could cause division; questioned the influence given over all other Boards and Commissions; why is it not subject to the Open Meetings Act; type of training; requested definition of diversity. • Ms. Sanaa Elias – questioned the constitutionality of this ordinance; opposed to elimination of Ethnic Community Committee; felt this is identity politics and will divide the City; opposed to it being an ordinance, which makes it law; concerned it is not under Open Meetings Act. • Ms. Jazmine Early – opposed to changing the Ethnic Community Committee; claimed the City wants to change the Committee to a Commission is not why the Committee was created; claimed she has been excluded from being appointed; urged the Council to not change the name of the current committee. Mayor Taylor explained this postponed to tonight’s meeting from the July 22 regular City Council meeting. They have a motion on the floor, motioned by Councilman Radtke, supported by himself, to introduce the ordinance to create Regular City Council Meeting Tuesday, August 18, 2020 Page 8 a Diversity and Inclusion Commission. He indicated the deliberations continue, and he opened the floor to the Council members. Councilman Yanez stated he is not sure what he wants to do, noting the speakers’ comments this evening are telling because this ordinance does not make it clear as to what this Commission is going to do. He realized it is the first step and amendments can be made, but he felt they need more clarity. There were a few council members at the last meeting who made it clear they prefer to keep the Ethnic Community Committee as it is. He does not want to vote against inclusion and diversity, and although he felt a lot of the concerns expressed this evening are unfounded, he cannot push back because he does not know what this Commission will do, other than advise City Council on diversity and inclusion. He stated he does not want to vote no on this at this time, but he added he cannot vote yes on this as it stands. Councilwoman Ziarko noted she has questions on this commission. She felt the Ethnic Committee should become a commission, but she does not know whether she is in favor of having the Diversity and Inclusion Commission become a part of the Ethnic Community Committee. She referred to a video of the African American Coalition meeting, and the moderator stressed there is a difference between ethnic diversity and racial diversity, so she felt it may not make sense to put everyone together, although she suggested there may be a liaison that would serve on both. She felt they need to do more research and recalled Mr. DeNault’s comment from the last meeting that there are very few Regular City Council Meeting Tuesday, August 18, 2020 Page 9 comparables of other communities that have done this because it has not been done locally. She agreed with Councilman Yanez that there is a lot of work that needs to be done, and she could not see how they can vote on this tonight. Councilwoman Schmidt stated she would like to see the two committees remain separate with two different missions, although they do not yet know the true mission of this new Commission. The selection process or the criteria for how long they will be picked for this new group is not clear. She felt there are too many unknowns, and she favored a committee rather than a commission, noting that all committees are advisory to City Council, but when it is a Commission, that is a step above. Councilwoman Schmidt felt they need to understand the full spectrum of the ordinance, and she cannot vote in favor of this because they do not have the information. Councilwoman Koski stated she would like to see the Ethnic Committee turned into a Commission and be kept separate. In regard to a commission addressing diversity, she felt they need to do more research. At this point, she noted there is not a mission statement or any explanation as to its purpose and issues. She suggested more research be done before that is established and possibly be reviewed at the Strategic Planning Meeting in January 2021. She received an email from the American Management Association’s Woman’s Leadership seminar, and it has to do with diversity and inclusion. She suggested that each Council member participate in this free webinar, noting it may give them some insight as to what they are trying to do, as well as suggestions on how to do it Regular City Council Meeting Tuesday, August 18, 2020 Page 10 right. She added it talks about “How to be an Ally”, and the definition of what an ally does. She stated she would like Council to do research so they know what they want to create. Mayor Pro-Tem Sierawski felt this has been a well-debated issue, and she pointed out this room was filled four weeks ago, with many residents speaking in favor of diversity and inclusion. She stressed she is always in favor of inclusion and diversity but she agreed with her colleagues that she would like to see this separate from the current Ethnic Community Committee, which has a wonderful mission and have succeeded very well in what they have been asked and tasked to do. They bring the community together, which is also something they want to see with the Diversion and Inclusion Commission; however, she pointed out they do not have guidelines, they do not know who will be on it, how they pick and choose so as not to exclude anyone. She felt the list of items are very “touchy”, and she does not want to start something based on a “knee-jerk” reaction to what is currently going on in the country. She stressed they need to think this through, deliberate and get good direction, so that this time, she is not in favor of replacing the Ethnic Community Committee, and although she is in favor of Diversity and Inclusion, she cannot support it the way it has been presented to them tonight. Councilman Radtke referred to some citizens’ concerns about the constitutionality of this Commission, and he requested Mr. DeNault address the issue. Regular City Council Meeting Tuesday, August 18, 2020 Page 11 Mr. DeNault assured it is constitutional, being an ordinance creating an advisory committee about how to diversify, include people and make them feel included in the community. He noted in answer to their question as to whether it could become an issue where it is not handled properly or becomes divided, that could happen with any group; however Council oversees, controls, and appoints good people to be part of that process. Councilman Radtke requested that Mr. DeNault address the concern that this Commission would not fall under the regulations of the Open Meetings Act. Mr. DeNault understood the public’s first concern is that they are excluded and people cannot participate. He admitted in part, that can sometimes be true, but when the have committees and groups of citizens appointed to work together on projects, tasks, and give advice to the Council and community, they sometimes need space to do that without being subject to rigid rules and procedures or rigid public participation requirements. They try to find a balance when recommending this type of ordinance, and he clarified as long as they have some public input, they can certainly mandate more and ask for more. The balance they recommended was for them to have public input four times a year. He replied to further inquiry that those would be open meetings where the public would have input. Councilman Radtke expressed disappointment to hear the commentary on this, because he does not feel it is controversial. He noted the current Ethnic Advisory Committee already hosts a ceremony where they present Diversity Regular City Council Meeting Tuesday, August 18, 2020 Page 12 awards. He expressed concern that they would have two separate but equal committees that would be doing the same thing, and he does not feel that is good public policy. He equated this to arguing about a name change. He recalled when they set up a Youth Advisory Commission, there did not seem to be this much concern about their mission and their statement. He felt the Diversity and Inclusion Commission will have the ability to create their own mission statement and bylaws. He reminded that the Youth Advisory Committee created their own subcommittees and idea groups. He commented that the Ethnic Advisory Committee has been great for the City, and he would recommend that it be made a permanent subcommittee of the Diversity and Inclusion Commission so they can continue doing all of the wonderful things they have been doing. He mentioned other communities that have similar commissions. He felt it should be the Diversity, Equity, and Inclusion Commission. He questioned why sustainability should be a commission, but yet diversity should be a committee. He felt they need to do things differently than they did in the 1990’s, when the Ethnic Advisory Committee was formed. Mayor Taylor questioned the difference between a committee and a commission. Mr. Kaszubski explained that a committee is formed by a resolution of Council, and there are various directives formed within that resolution. In this case, the Ethnic Committee created their own bylaws, started their mission, and Regular City Council Meeting Tuesday, August 18, 2020 Page 13 expanded it. A commission is part of the ordinances and do not come and go like committees. Committees sometimes form and end, whereas commissions are in the ordinance books and they continue on. Commission members are sometimes paid, although in this case, they are not; however, that is spelled out in the ordinance. Mayor Taylor does not see a lot of distinction between a committee and a commission and does not understand why a committee versus a commission is a relevant part of this discussion. He agreed with his colleagues that the Ethnic Committee does a good job in celebrating the various ethnicities they have in the City of Sterling Heights, which is one of the more diverse communities in the State of Michigan. He agreed that is something they should recognize and actively promote, and he did not feel his colleagues feel differently on that point. He felt the question is whether there is going to be an overlap if they have an Ethnic Advisory Committee and a Diversity and Inclusion Commission. He questioned whether they are going to take things away from the current committee in order to roll it into a Diversity and Inclusion Commission, adding he does not see where it is a major issue if they have one larger Commission that is able to do both. He stated he does not know if the Council will find common ground on that, and he does not want to see the very important mission of both groups get spoiled because they cannot agree. He heard discussion tonight about the lack of a mission statement, but he pointed out City Council can talk about that tonight. He felt that, in light of what is going Regular City Council Meeting Tuesday, August 18, 2020 Page 14 on in the world, it is important that they are doing everything they can to promote racial equality and racial justice, to be a more welcoming place to all, and to have a commission that can help them point out their blind spots. He stressed it is not about putting one race or ethnicity above others, but it is about recognizing that City Council may not have all of the answers, and the lived experiences of the Council members may be different than the lived experiences of the members of the community. He pointed out the Commission is a way of giving a voice to residents who have all different lived experiences so they can talk to Council about it. He stated he was not able to attend the African American Coalition but the feedback he heard was that the attendees appreciated being in a group where they could see “a bunch of other people like me”, and they do not necessarily get that experience when they are in their neighborhood. It is a safe environment to provide the feedback that Council needs. He felt the mission statement of the Diversity and Inclusion Commission is obvious, and he stated he does not care if Council chooses to keep the Ethnic Community Committee separate, but he felt the adoption of this ordinance and the formation of this Commission should not be something they put off until January or February because the need is there now. He commented that he would be willing to put it off another thirty days, but he stressed they need to give the attorneys direction as to what they want. He recommended that they bring this back soon, possibly in two weeks, and he felt they have consensus that they want the Ethnic Committee to stay separate. Regular City Council Meeting Tuesday, August 18, 2020 Page 15 He suggested they could vote yes on this tonight, bring it back in two weeks with a separate Commission but with clear roles about how this Commission will move forward. They can create a mission statement based on tonight’s feedback, and they can set the rules tonight about what they are and are not going to do. He cautioned that they could develop very rigid rules but felt that would better be left for people who are appointed to give them that feedback. He stated he will be voting yes, and he would like Administration to come back with an ordinance that is more tailored to the feedback they receive from City Council. Mayor Pro-Tem Sierawski felt it might help if the second committee has a different title. She acknowledged that “diversity” and “inclusion” are currently buzz words and it is difficult to know exactly what they mean, so she suggested changing the name of the committee to the Equality and Justice Committee, which she felt will define their role differently, because it is not specific to race, ethnicity or gender identity. Councilman Yanez appreciated the Mayor’s comments, but he expressed concern that they would move forward tonight while asking the attorneys to do a complete rewrite on the legislation. He felt with the two-step process, it may be a difficult path to follow for everyone to know what they are doing. He did not believe they will want to vote in two weeks on a piece of legislation that is showing up for the first time. He felt more thought needs to go into this, and he appreciated the fact that the people who are asked to sit on this Regular City Council Meeting Tuesday, August 18, 2020 Page 16 Commission would guide it, but he stressed they need a starting point. He agreed with Mayor Taylor that this Commission is not only about race and ethnicities, but it is about a number of things. He would prefer to give the City guidance as to what they want and have them come back at a later date with something more complete in thought, although he assured Mr. DeNault that the legislation is very detailed. He has no problem with the words “diversity”, “inclusion”, “equality”, or “justice”, so it does not matter to him what the commission is called, but he felt it is important that every Sterling Heights resident be treated fairly and have the “real Sterling Heights experience”. He mentioned he attended the African American Coalition and many of them were amazed as they looked around the room to see so many people who looked like them. He commented that these people are living as an island in the City, possibly not taking advantage of the full Sterling Heights experience. He stated he would not like to vote on this motion tonight because he felt there is a better way and it will take a little more time. He added he is willing to discuss those options. Mayor Taylor raised the question that if they vote yes, it may not provide time for the changes and they will be back in two weeks with possibly a total rewrite. He questioned whether it would be feasible, if this is voted down, that he could request, without objection or without a vote, for Administration to bring a renewed Diversity/Inclusion/Equality/Justice commission to Council within forty-five days. Regular City Council Meeting Tuesday, August 18, 2020 Page 17 Mr. Kaszubski replied one option that might work would be for this to be postponed indefinitely and Council could provide direction to come back in forty-five days. The other option is they can have the vote, and if it is voted down, a Council member can request this be brought back in a different form. Councilman Yanez suggested that Mayor Taylor withdraw his second to the motion on the floor, the motion would die for lack of support, and they would as City Administration to bring something else forward. Mayor Taylor stated he supports this, and added that if there was a motion to postpone indefinitely, he would vote in favor with the express caveat that he wants to be able to provide Administration with direction to take the feedback they have received and craft an ordinance that incorporates that feedback. Councilwoman Ziarko stated if she is asked to vote on the motion currently on the floor, she would be voting no. She agreed with Councilman Yanez and is not comfortable with the way it is written. She felt they have not given Administration enough direction on what they could bring back, and to think they can spend fifteen minutes tonight and come up with things they want included for this ordinance is unfair. She felt Mayor Pro-Tem Sierawski brought up a good point that it could possibly be titled by another name, and she had a conversation with Councilwoman Koski yesterday, who had a good idea for the name of it. She is not opposed to the mission itself but would be voting no on the way it is currently presented. Regular City Council Meeting Tuesday, August 18, 2020 Page 18 Councilwoman Koski agreed with Mayor Pro-Tem Sierawski’s suggestion to change the name and added that she likes the name “Human Community Relations”. She noted that the City of Livonia has a Human Relations Commission, and Lansing has Human Relations and Community Services Advisory Board. She indicated she had given some information to Mayor Taylor that includes what could be a mission statement for this type of committee. She stated she is going to listen to the webinar, but it is about people speaking who feel they are discriminated against, which is one of the issues, and it talks about overcoming it and helping them work through it to become an inclusive community. She recommended withdrawing the motion or voting it down, and then provide Administration with a request to create a new committee with a different name, listen to the webinar and provide a mission statement and different ideas from the information they gather. Councilwoman Schmidt agreed with Councilwoman Koski that the cleanest way to handle this tonight is to vote this down and give direction to bring forward a new committee. She is glad they agree to disagree or agree that the Ethnic Committee should be separate. Councilman Radtke had cited the example of Eastpointe, which has a Human Rights Commission. She felt human rights is totally different from ethnic diversity so she believed the two groups should be separate. She commented that each of them coming up with criteria tonight is unfair to all of them, and they need to think of the criteria they want these residents to meet who will serve on this commission because Regular City Council Meeting Tuesday, August 18, 2020 Page 19 they have to think about what they are there to accomplish, which cannot be figured out in fifteen minutes tonight. She would like to see this voted down and start fresh, and she has no objection to the names suggested by Mayor Pro-Tem Sierawski or Councilwoman Koski, but she stated she will not be in support of the motion on the floor as it stands. Councilman Radtke inquired as to whether City Council could appoint a subcommittee to work with the City Manager to craft a better ordinance. Mr. Kaszubski stated he has not seen this occur since he has been here, so he indicated he would have to look at it and get back to Council. Councilman Radtke pointed out that during Strategic Planning, they meet in small groups with the City Manager to talk about the future of the City. He suggested that possibly they could ask that the City Manager have meetings with members of City Council. He admitted he is torn, noting they have had this in front of them for forty-five days and can still not specifically say what they would like. He felt that is part of the homework they all have, and he stated he refuses to withdraw his motion. He suggested if the motion does not pass and they ask for something to be brought back, that they request the City Manager meet with Council members in small groups to come up with a new ordinance. Mayor Taylor questioned how much time Mr. Vanderpool anticipates he would need to come back with a new ordinance. Regular City Council Meeting Tuesday, August 18, 2020 Page 20 Mr. Vanderpool replied the feedback has been helpful and thoughtful this evening. He felt the first meeting in October, which is slightly less than forty- five days, would give them the time they need and provide them an opportunity to collaborate with City Council, which he felt is a good idea to make sure they get it right when they bring it back. He felt that is a reasonable compromise in terms of timing. Mayor Taylor felt it is incumbent upon each Council member to reach out and provide feedback. He clarified he did not mean to insinuate that they could get this done in fifteen minutes this evening, but they have already spent a considerable amount of time in discussion. He is hearing complaints that it does not include what they want, but he is not hearing specifics of what they want in it, which is the purpose of deliberation and why they are here. He appreciated the information Councilwoman Koski presented to him about the webinar, “How to be an Ally,” but he did not know if that is an overlap to what they are trying to do. Feedback needs to be given to City Administration; otherwise, this could come back in forty-five days and it will “miss the mark” as well. He maintained that he would like to talk about it tonight, adding he does not care how long it takes, but he hoped that is what they would be able to accomplish tonight. He stated he is going to vote yes because of the reasons cited, and he acknowledged his colleagues will each be voting on this motion and he respects the reasons they have each given. He stated that, without objection from his colleagues if this motion fails, he would like the City Regular City Council Meeting Tuesday, August 18, 2020 Page 21 Administration to bring back a renewed ordinance, with the purpose of promoting equality, justice, inclusion, etc. before City Council at their first meeting in October. Councilwoman Ziarko replied to inquiry that she does not object to that request. She indicated she would like to comment. Councilman Radtke called the question. Mr. Kaszubski replied to inquiry that they do not have to vote on the call to question and then vote on the motion, but rather it is all one vote on the motion. Mayor Taylor explained that calling the question takes precedence, and a roll call vote was taken on the motion on the floor, which is to introduce the ordinance as written. Roll Call Vote: Yes: Taylor, Radtke. No: Schmidt, Sierawski, Yanez, Ziarko, Koski. The motion failed for lack of votes. Mayor Taylor stated he heard no objection to his request for City Administration to bring back a renewed ordinance for consideration at the first meeting in October, so he believed City Administration has direction with the feedback they received. 9. ORDINANCE ADOPTIONS A. Mayor Taylor stated this is to consider the adoption of an ordinance amending Chapter 2 of the City Code of Ordinances to modify the prohibition Regular City Council Meeting Tuesday, August 18, 2020 Page 22 on planning commissioners serving on City boards and commissions. He opened the floor for public comments and questions. • Ms. Jackie Ryan – inquired about the reason for the change; there are a lot of people to pick from in the City; concerned that some people are being excluded; claimed she is representing a lot of people who cannot be present because of Covid and it is also during the summer months. • Ms. Sanaa Elias – concerned this is being done so they can select certain people; questioned whether there is a lack of volunteers. • Ms. Jazmine Early – questioned why this is necessary; seven individuals are serving on multiple commissions/committees, while others are not appointed; the more volunteers they appoint, the better the City will be. Moved by Radtke, seconded by Taylor, RESOLVED, to amend the ordinance amending Chapter 2 of the City Code of Ordinances to modify the prohibition on planning commissioners serving on City boards and commissions. Councilman Radtke stated the State legislature changed their law, and the City is following their lead. He is aware they have had some interest from some of their Planning Commissioners for serving on some of these committees and they are currently prohibited from doing so, and hopefully this will change.. Councilwoman Ziarko stated she heard from citizen comments this evening that the Council members “put friends on these commissions and then influence them”. She informed that by their Council guidelines, once someone is on a commission, they cannot influence them to make a decision, and it is completely out of their hands. She assured the commission/committee members do not communicate with the Council members even as to what is on their agenda, so she wanted to clarify what she felt is a false statement. Regular City Council Meeting Tuesday, August 18, 2020 Page 23 Mayor Taylor stated he would prefer to see a more inclusive list rather than limiting it to just these nine commissions/committees. He questioned as to whether there is a legal reason why a planning commissioner would be prohibited by a Michigan law from serving on another board, other than Zoning Board of Appeals (ZBA). Mr. Kaszubski replied there is not a legal reason for every board, although there are some boards that have certain requirements in order to serve on them, such as residence in a certain area, etc. He indicated it is not a legal reason as much as it is the fact that Planning Commission is a quasi-judicial board and they felt it was necessary not to have planning commissioners sitting on other boards that may be dealing with the same issues or same parcels of property due to conflicts that could arise. Mayor Taylor felt it is a blend of a legal and policy issue. He is in favor of this as written. He questioned whether they have to exclude ZBA from this, noting that by law they can have one liaison that serves on both Planning Commission and ZBA. Mr. Kaszubski confirmed they can have only one liaison per state statute. Mayor Taylor felt it could be decided on a case-by-case basis for all commissions except for the ZBA. He indicated if anyone would be willing to make the motion to amend the motion on the floor, he would be in support of it. Regular City Council Meeting Tuesday, August 18, 2020 Page 24 Councilwoman Koski inquired as to whether Planning Commission is structured by law. Mr. Kaszubski replied affirmatively. Councilwoman Koski recalled that Council used to appoint members to the Planning Commission and when the laws changed, she believed the City’s law firm corrected it to specify mayoral appointments. She felt at that time, they should have made this change also, but did not do it. Mr. Kaszubski replied the state law changed to allow up to nine members, but the prohibition on zoning was still in place. The language that had other municipal offices had changed, basically allowing them to get on other boards and commissions at that time except for the ZBA, only allowing one member. He stated when that language changed around 1990, City Council had left that language in place when the ordinance was amended, although he was not here at that time and does not know the reason. Councilwoman Koski felt this is not anything new and is something that should have been done twenty years ago. Moved by Yanez, seconded by Taylor, RESOLVED, to amend the motion on the floor to provide for Planning Commissioners to serve on any other board other than the Zoning Board of Appeals, subject to the one liaison. Mayor Taylor asked Mr. Kaszubski as to whether that is a sufficient motion to amend the motion on the floor. Mr. Kaszubski replied affirmatively, noting one option is that he can provide the language they are looking for in the one sentence they are trying to amend. He Regular City Council Meeting Tuesday, August 18, 2020 Page 25 believed they are trying to open it up so that all Planning Commissioners would have the ability to sit on any board of the City, with the exclusion of only one member allowed on the Zoning Board. Mayor Taylor confirmed that is the motion he would entertain, that Councilman Yanez made, and that he supported. Councilman Radtke questioned if they are going to exclude the Zoning Board of Appeals, should they exclude the Ordinance Board of Appeals (OBA) as well. Mayor Taylor did not see why they would have to exclude OBA because OBA is concerned with making sure property maintenance code is enforced. He stressed he would like to see this on a case-by-case basis, and he was confident they can get the feedback at the time an appointment is made. Rather than limit it, he would like to see it broadened, and if there concerns from Administration, they can address them at that time. Councilwoman Koski believed Administration has recommended that Planning Commission members can be eligible to serve on certain advisory boards, and nine of them are listed. She questioned why they cannot just leave it as it is written. Mayor Taylor replied it can be left that way but he is proposing to change it. Councilwoman Koski expressed concern that if a Planning Commission member serves on all of the boards with the exception of the ZBA, there may be a conflict of interest by way of them sitting on another board and having to review the same property with which they just got through dealing. She noted Regular City Council Meeting Tuesday, August 18, 2020 Page 26 that was the purpose of limiting it to the nine boards they can serve on in addition to the Planning Commission. Mayor Taylor stated he does not envision a Planning Commissioner serving on seven or eight boards. He noted that by law, they can have only one Planning Commissioner who sits on the Board of Appeals, but he does not feel there would be too many conflicts of interest if they sat on other boards. He admitted Ordinance Board of Appeals (OBA) could possibly be one, but he felt if they compare the agendas of the Planning Commission and OBA over the last ten years, they would not find a lot of overlap between the houses that are subject to the Ordinance Board of Appeals and the Planning Commission. He cited the example of Council members who have outside private employment which could occasionally result in conflict of interest, but he did not feel the solution would be to limit Council members to only those who do not have outside employment. He stated his opinion that they should take it on a case- by-case basis and make it as inclusive as possible so they get the best people who are the best fit. He is happy with the way it is written but prefers it the way it is amended. Councilwoman Koski asked City Administration why they are limiting nine boards for at Planning Commission member to serve on in addition to their appointment. Mr. Kaszubski deferred to Mr. DeNault for the answer to that question. Regular City Council Meeting Tuesday, August 18, 2020 Page 27 Mr. DeNault explained the recommendation was made to expand it to advisory bodies, not because of any statutory prohibitions, although there are a couple they may have to look at on a case-by-case basis, but because they had some concern that for many years, they were excluded from being on any other boards and commissions because in theory they could interface with cases that involved a site plan they did not like, and it would be coming back in front of them in a different board. There were many other hypothetical possibilities that they felt it safer and more prudent not to put them in those positions. Mr. DeNault added that he does not disagree with the other comments, noting there are conflicts in life that arise, and they have to deal with them accordingly, professionally, and appropriately. He clarified they are here for guidance, help and support, and to make sure they do things the right way regardless of the direction they take. Councilwoman Schmidt stated, upon listening to Mr. DeNault, she would be more comfortable if they eliminated not only the Zoning Board of Appeals (ZBA), but also the Ordinance Board of Appeals (OBA), the Corridor Improvement Authority (CIA), and Board of Review. She felt those commissions have the most potential for conflict with someone who is on the Planning Commission. Mayor Taylor stated that would still be more expansive than it was originally, so he would be in favor of that recommendation. Regular City Council Meeting Tuesday, August 18, 2020 Page 28 Councilwoman Koski replied to inquiry that she would be more supportive if the motion included those four boards mentioned by Councilwoman Schmidt. Councilman Yanez replied that he would be willing to amend his amended motion to include ZBA, OBA, CIA, and Board of Review as the four boards on which Planning Commissioners may not serve. Councilman Yanez replied affirmatively. Mayor Taylor stated he would support that amendment. Mr. Kaszubski advised that they need to vote on a motion to amend the amended motion. Moved by Schmidt, seconded by Taylor, RESOLVED, to amend the amended motion that a Planning Commission member may serve on any other board or commission except for the Ordinance Board of Appeals I and II (OBA I and II), the Corridor Improvement Authority (CIA), the Board of Review, and the Zoning Board of Appeals (ZBA). Mr. DeNault clarified the amendment to the motion was phrased in such a way that Planning Commission members would not be allowed to serve on the ZBA. He questioned whether they are still comfortable with having a liaison that would serve on both the Zoning Board of Appeals and the Planning Commission. Mayor Taylor replied asked Councilwoman Schmidt as to whether that was her understanding as the motion maker. Councilwoman Schmidt replied affirmatively. Regular City Council Meeting Tuesday, August 18, 2020 Page 29 Mayor Taylor that was also his understanding as supporter of the motion, so the doubly-amended motion on the floor to be voted on includes prohibition on OBA I, OBA II, CIA, Board of Review, and ZBA, except for the one liaison. Roll Call Vote (on amended amendment): Yes: Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt. No: None The motion carried. Mayor Taylor clarified this is not a Charter revision, as brought up by a member of the public. This is an ordinance, which is within the City Council’s purview to incorporate input from the public, as they did tonight, whereas a charter change requires a vote of the people. Mayor Taylor called for a vote on the amended motion. Yes: All. The motion carried. 10. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments, but no one from the audience commented. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of August 5, 2020. B. To approve payment of the bills as presented: General Fund - $1,001,566.02, Water & Sewer Fund - $3,393,830.11, Other Funds - $7,774,255.97, Total Checks - $12,169,652.90. C. RESOLVED, to split the award of the bid for automobile and light truck body repairs to Global / Lincoln of Troy Collision Center, 1735 Equity Dr., Troy, MI 48084, Lakeside Collision, Inc., 14665 23 Mile Road, Shelby Township, MI 48315, and Showcase Collision, 6334 14 Mile, Warren, MI 48092, for a two-year period based on the respective unit prices bid. D. RESOLVED, to award the bid for the 2020 Joint Sealing Program, City Project #20-372, to Michigan Joint Sealing, 28830 W. 8 Mile, Suite 103, Regular City Council Meeting Tuesday, August 18, 2020 Page 30 Farmington Hills, MI 48336, for Section I – Joint Sealing – Local Roads in the amount of $86,200 and Section II – Joint Sealing – Major Roads in the amount of $25,900 and authorize the Mayor and City Clerk to sign all documents required on behalf of the City.. E. RESOLVED, to award the bid for the purchase of Trijicon RMR red-dot handgun sights to Michigan Police Equipment, 6521 Lansing Road, Charlotte, MI 48813, at the unit price bid. F. RESOLVED, to purchase twenty (20) model X26P Tasers, with accessories, from Axon Enterprise, Inc., 17800 N 85th Street, Scottsdale, AZ 85255, at pricing available through the State of Michigan MiDeal cooperative purchasing program, contract #071B4300067, in the cumulative amount of $36,916.80. G. RESOLVED, to approve Change Order No. 1 to the Neighborhood Park Improvements Project, Phase 8, to effectuate the re-routing of a portion of the Clinton River Trail near Riverland Drive and parking lot improvements at Rotary Park at a cumulative cost of $83,705. H. RESOLVED, to approve final payment to Michigan Joint Sealing, Inc., 28830 W. 8 Mile, Suite 103, Farmington Hills, MI 48336, in the amount of $8,659.13, plus interest on retainage, for the 2019 Joint Sealing Program, City Project #19-353.. I. RESOLVED, to adopt the resolution of concurrence with Industrial Pretreatment Program (IPP) rules and regulations promulgated and adopted by the Great Lakes Water Authority. J. RESOLVED, to approve the First Amendment to Planned Unit Development Agreement between the City of Sterling Heights and CCF Development LLC for approximately ten acres of vacant property situated on the east side of Van Dyke, north of Riverland Drive, PPCM- 1207, and authorize the Mayor and City Clerk to execute it on behalf of the City. Yes: All. The motion carried. 11. CONSIDERATION A. Mayor Taylor stated this is to consider an appointment to the City of Sterling Heights Local Development Finance Authority. He opened the floor for comments from the public, but no one spoke. Mayor Taylor provided some background on the nominee, Mr. Dominic Patrus, noting he is not a personal friend of his, but felt he would be a good fit to the Authority. Regular City Council Meeting Tuesday, August 18, 2020 Page 31 Moved by Yanez, seconded by Ziarko, to appoint Dominic Patrus to the Local Development Finance Authority to a term ending June 30, 2021, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Yanez stated he knows Mr. Patrus and was confident he will be a good fit for this position. Councilman Radtke agreed with Councilman Yanez, adding he has known him for some time and would be an excellent fit for the position, adding he is very interested in local government. Yes: All. The motion carried. 12. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from citizens. • Ms. Sanaa Elias – suggested that legitimate questions raised by citizens could be answered by the City at the following City Council meeting. • Ms. Jackie Ryan – requested City Council do a Proclamation for prayer and fasting to end the coronavirus; noted this is being done in some communities in Texas. • Mr. Charles Jefferson – referred to a comment made earlier about comments made at the African American Coalition; he suggested people can voice their opinions at Council meetings if they want to be heard; requested the rules on proper placement of political signs be reviewed. • Karen – thanked police; does events called “Back the Blue” in various communities to show support for police; would like to host one of her events in Sterling Heights. 13. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated the City enforced their sign ordinance throughout the recent primary election and they will continue to do so. He assured their sign Regular City Council Meeting Tuesday, August 18, 2020 Page 32 ordinance is something that is widely publicized to candidates, and they had a number of violations they had to enforce, which is customary. They anticipate they will have to do the same for the general election. He explained they highly automated the process online and they send letters explaining the sign ordinance to the candidates. Mayor Taylor addressed a public comment about receiving answers to questions asked by the public. He indicated their rules do not allow for back- and-forth discussion, but he pointed out that Mr. Vanderpool is always taking notes and he answers many of those questions. He added, for questions that do not get answered by administration or council members, they are followed up by department heads to get those questions answered. He gave kudos to Mr. Vanderpool because he normally answers those questions, many times on behalf of a number of different department heads. Councilwoman Schmidt acknowledged the mayor of Centennial, Colorado, responding to Mayor Taylor’s challenge with regard to the Census 2020. She is not sure what the wager is going to be, but she was confident they will do better than Centennial, Colorado. She stated she went kayaking with some friends today on the Clinton River and highly recommended it. She stated it is very doable for families, it is shallow, and they saw deer, turtles, and a heron, and a lot of other wildlife. She stressed it is a gem in this city, it is so close, and she highly recommended it. Regular City Council Meeting Tuesday, August 18, 2020 Page 33 Councilman Radtke agreed with Mr. Jefferson that the sign ordinance should be changed but he felt it is unlikely it would pass. He questioned City Clerk Melanie Ryska about an article he read that indicated 165 ballots arrived late after the election at the Sterling Heights post office. He questioned whether that number has increased. City Clerk Ryska replied that they had a few stragglers come in, about five or ten. Councilman Radtke inquired as to how many ballots miss the deadline in an average election year. Clerk Ryska replied that for a larger election, it is not uncommon to have about twenty or thirty that are late. She replied to further inquiry this is a larger amount than the average election. Councilman Radtke stated there is nothing they can do, because it is up to the post office. He urged residents to either mail their ballots back early, or an easier option is to drop their ballot off at one of the drop boxes located around City Hall and the Fire Stations. He understood the postmaster was going to investigate the matter, and he questioned whether they have received a response from him at this point. Clerk Ryska replied they have not yet received a response from the postmaster but will be reaching back out to him soon. Councilman Radtke questioned how many ballots were rejected for signature mismatch during this recent election. Regular City Council Meeting Tuesday, August 18, 2020 Page 34 Clerk Ryska replied she does not have that number yet but assured she will get it out to him, the Mayor and City Council. Councilman Radtke was surprised of the low number who had the partisan section spoiled because they crossed over between the two parties. Clerk Ryska confirmed that is correct. She replied to further inquiry that occurred with about 1,500 ballots. Councilman Radtke commended the City, the City Clerk, and all of the temporary employees who did an awesome job on Election Day. He reminded residents to vote and get their ballots back early so their voices can be heard. Councilman Yanez questioned Clerk Ryska about the state paying postage of the returned ballots Clerk Ryska confirmed that Secretary of State Benson announced a couple of days ago that the state will be reimbursing for return postage on ballots. She confirmed the money allocated will be reimbursed. Councilwoman Koski questioned whether there is a way they can do some extensive advertising with regard to the drop boxes located throughout the City for this upcoming election. Mr. Vanderpool responded that is a great idea, and they have had some conversations about coming up with a public information campaign on that issue, making sure residents know to use the drop boxes. He recalled they had about 70 percent participation with those boxes. He emphasized if residents are going to use the postal service, they should not mail their ballots at least a Regular City Council Meeting Tuesday, August 18, 2020 Page 35 week prior to the election date, but that will all be part of their public information campaign they will be developing. Councilwoman Ziarko stated her concern with the post office is not only for ballots but also for checks people are waiting for, bills that may be late, leaving very little turnaround time for residents to pay their bills on time. She had a call from a resident to see if there is anything the City can do with regard to funding the post office once again. She had questioned a Resolution; however, Councilwoman Ziarko felt they may need something a little more aggressive. She would appreciate information back as to what the City Council and the City could do in this regard. Mayor Pro-Tem Sierawski commended her colleagues, noting this was an interesting meeting with some good debate and legislation. She appreciated the comments from the public, adding they do listen, and even if their rules do not allow them to directly respond, they try to get the answers and make their decisions based on those answers. She thanked everyone for the good discussion this evening. 14. UNFINISHED BUSINESS There was no unfinished business. 15. NEW BUSINESS There was no new business. 16. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated he has nothing tonight. 17. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried. Regular City Council Meeting Tuesday, August 18, 2020 Page 36 The meeting adjourned at 9:14 p.m. MELANIE D. RYSKA, City Clerk