City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, OCTOBER 6, 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 as presented. Yes: All. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded that Columbus Day is Monday, October 12, and the city offices will be closed for in-service training for city staff. There will be no interruption in refuse collection. Anyone who would like more information on office hours or processing transactions with the city can call 446-CITY. Mr. Vanderpool addressed the issue of leaves, reminding residents that raking leaves into the road is not permitted because it is against city ordinances. It clogs the storm sewer inlets and creates an unsafe situation for motorists on the roads. Leaves can be put in a paper bag or a container with a composting sticker and stickers for containers are available at any city facility. More Regular City Council Meeting Tuesday, October 6, 2020 Page 2 information on that is available by calling 446-2470 or go to the city’s website, and he added that they are happy to mail a sticker if that is more convenient. Mr. Vanderpool provided an update on the ongoing road projects, beginning with Schoenherr Road, a county road project which will be starting in the next couple of weeks. He indicated it will not all be completed by year-end due to some delays with the state bidding process and the Covid pandemic. The curb work in both directions for the bridge crossings on Schoenherr, just north of Plumbrook to north of Clinton River Road, will begin within the next couple of weeks and will be completed this season. They will start back up with the remainder of the Schoenherr Road project as soon as the weather breaks in the spring. He noted there are some rough patches along Schoenherr and the contractor will make temporary repairs in those locations prior to the winter months. He advised that the Saal Road project is proceeding well, with the resurfacing anticipated to be finished by the week of October 16 and both lanes of traffic will be opened up shortly thereafter. All other road projects are proceeding and will all be finished up this construction season. Mr. Vanderpool explained two important proposals on the November ballot for Sterling Heights residents, called the “4 & 400” ballot proposals, which are both charter changes. He stated the “4” involves terms of office for the positions of mayor and city council. He advised that they are currently two-year terms but that is an anomaly when they look at similar-sized cities across the country. He pointed out that 92 percent of the cities across the nation in the same Regular City Council Meeting Tuesday, October 6, 2020 Page 3 population category have four-year terms for their city council members, with almost 80 percent having four-year terms for their mayor. He provided comparisons for smaller cities across the nation and in Michigan, as well as comparable cities including Warren, Ann Arbor, Livonia, Southfield, Farmington Hills, Lansing, Dearborn, Troy, and Grand Rapids, and noted they all have four- year terms for their positions of mayor and city council. He outlined the advantages for why four-year terms are considered to be the best practice for the vast majority of cities nationwide. There is a savings on the costs to run an election, which is currently at $75,000 per election and rises with inflation, and that amount could double if primaries are required for those positions. He noted that in the work of cities, the initiatives often take far longer than two years to complete. He cited the example of the redevelopment of Lakeside Mall, which has been in the planning stages for the past five years, and the new owner is ready to invest hundreds of millions of dollars in the new redevelopment. He pointed out that is a long-term project and is very hard to accomplish in two years, just as master planning, ordinance development, implementation of capital plans, major infrastructure projects, etc. take much longer than two years. He advised that Frequently Asked Questions are posted on the city’s website. Mr. Vanderpool noted when they started researching this topic about a year ago, Covid-19 was not even on the radar, but since the pandemic has taken hold, many governments are trying to figure out new ways to do things in a safe manner. When they look at going from two-year to four- Regular City Council Meeting Tuesday, October 6, 2020 Page 4 year terms, it provides a different light considering the pandemic. He felt fewer elections are safer, but if this does not pass, everything will remain status quo. The administration is looking at continuous improvement in areas where they could be doing things better and whether they are aligned with best practices. Mr. Vanderpool explained the second proposal relates to signature requirements for a resident running for mayor or city council in order to be placed on the ballot. The City Charter currently requires signatures from a minimum of one percent and no more than four percent of the total registered voters in the City of Sterling Heights. When they prepared this presentation, they had just over 86,000 registered voters, but they now have over 93,000 registered voters, which would require over 900 signatures to be able to run for the position of mayor or city council. Comparable communities and best practices indicate that Sterling Heights ranks very high, likely the highest in the State of Michigan. He cited the examples of the City of Troy, which requires 60 signatures, Farmington Hills requires over 200, and Southfield requires 200. The proposal is to require a flat amount of 400 registered voter signatures to run for the position of mayor or city council. He noted this is centered on safety protocols, eliminating touch points, and providing for a safer environment. He presented a slide showing what these items look like on the ballot, and read the language, which allows a “yes” or “no” vote. He explained the City’s job before the election is to make sure voters have as much information as possible to vote yes or no, and he recommended those wanting more information can Regular City Council Meeting Tuesday, October 6, 2020 Page 5 go to their website, www.sterling-heights.net/4and400 to get more information on these two proposals. Mr. Vanderpool talked about a new program in their Parks and Recreation Department. He noted that the past seven months have been challenging, but there has been a new bright spot with the preparation and implementation of programming surrounding one of the hottest trends around the world, eSports and eGaming. He explained eGaming provides participants around the world the opportunity to play video games in a competitive environment, allowing them to showcase their skills while interacting with other players who have similar gaming interests. This sport has grown infinitely over the past couple of years, with high schools and colleges now fielding teams to compete in respective leagues. With the Covid-19 restrictions, these leagues and tournaments can be played remotely, virtually, although the goal is to bring everyone under one roof once the guidelines make that possible. He stated the City’s first-ever sponsored league will be starting in November and will be offered to students ages 12 to 18. The cost is $25 to participate, and they feel it will be very popular and will grow. Mr. Vanderpool concluded his report by showing a short video explaining the program, and he complimented Parks and Recreation Director Kyle Langlois and his team for developing this creative program, which starts in November. Mayor Taylor stated he is very excited about this program and is something he has been talking to Mr. Langlois about this for the last few years.. He also Regular City Council Meeting Tuesday, October 6, 2020 Page 6 mentioned he spoke two weeks ago with the new owners of Lakeside Mall, and they are planning on doing a huge eSports operation at Lakeside Mall, and he will be looking forward to that development. 6. PRESENTATIONS A. Mayor Taylor stated this item is a presentation of the 2020 Beautification Awards. He invited Mr. Gary Isom, Chairperson of the Beautification Commission, to make the presentation. Mr. Gary Isom, Chairperson for the Beautification Commission, stated it gives him great pleasure to present the 2020 Beautification Awards. He explained the mission of their Commission to encourage all city residents and property owners to preserve and enhance the beauty of public and private properties. One of the ways they do that is through their annual awards ceremony, where they honor those who go above and beyond in beautifying their Sterling Heights properties. He thanked the Council for welcoming this presentation as they showcase their dedicated residents and business leaders who make Sterling Heights a more beautiful place to live, work and play. For the past five months, the Beautification Commission welcomed nominations from citizens who wished to recognize a Sterling Heights property for outstanding beauty resulting from the planting of annuals and perennials. The Commission reviewed photos taken of more than 50 nominated homes, businesses, and places of worship, and out of those, they selected the “best of the best” from each category that had that “wow factor” when seen from the curb. Commissioners selected winners based on overall beauty, aesthetics, and Regular City Council Meeting Tuesday, October 6, 2020 Page 7 artistic use of color. Each nomination will be presented in the categories of single-family residential properties, commercial properties, multiple-family properties, and places of worship. He added the “Best of the Best” recipient will be honored in each of those categories. He introduced the Beautification Commissioners present this evening and thanked them for their dedication to this program. He asked those who receive the “best of the best” awards to come forward when their names are called. He announced the nominees as follows: Commercial Properties: Penna’s of Sterling Multi-Family Properties: Laurel Valley Apartments and Shoal Creek Apartments Residential Properties: 33689 Mina Drive; 14017 Brougham Drive; 34454 Manor Run Circle; 14572 Emerson Drive; 2089 Camel Drive; 3855 Knightbridge Circle; 33148 Monticello Drive; 13366 Village Drive; 14556 Sundew Lane; 14937 Liri Drive; 14593 Sundew Lane; 34547 Clearview Circle; 34401 Amsterdam Drive; 14558 Emerson Drive; 35606 Deville Drive; 40778 Ranier Drive; 8856 Birkhill Drive; 14906 Liri Drive; 37637 Alper Drive; Hatherly Village; 14544 Emerson Drive; 42426 Cannon Drive; 14545 Redford Drive; 37330 Fieldcrest Lane; 43243 Chardonnay Drive; 15089 Mill Creek Drive; 13850 Heatherwood Drive; 34460 Clearview Drive; 42125 Hanks Lane; 11242 18 Mile Road; 42239 Fulton Court; 14561 Emerson Drive; 11125 Grenada Drive; 38978 Marlborough Drive; 13748 Imperial Court; 13544 Ascot Drive; 35749 Dearing Drive; 14923 Liri Drive; 13640 Ascot Drive; 14267 Lakeshore Drive; 35268 Lana Lane; 11768 Meteor Drive; 4288 Connie Drive; 37093 Colgate Court; 35475 Dearing Drive; and 3521 Leason Drive. Mr. Isom announced the “Best of the Best”: Commercial: Ventimiglia’s Italian Foods Multi-Family: Arden Courts Memory Care Community Regular City Council Meeting Tuesday, October 6, 2020 Page 8 Places of Worship: St. Jane Frances de Chantel Residential: 36239 Melbourne Drive Mr. Isom thanked everyone for attending tonight’s Beautification Award presentations and extended a special thanks to Eckert’s Greenhouse for their generous donation of providing each of the nominees and the winners of the Best of the Best with a $25 gift certificate. On behalf of the entire City Council, Mayor Taylor thanked the Beautification Commission members for their hard work and congratulated all of the recipients for keeping their properties beautiful. He added they have all gone above and beyond to improve the quality of life for all of the City’s residents. He thanked Chairman Gary Isom for all of his hard work in serving on this Commission. B. Mayor Taylor stated this item is a presentation for a Nice Neighbor Award, and he invited Councilwoman Schmidt to make the presentation. Councilwoman Schmidt stated there will be two presentations tonight under the Nice Neighbor program, which honors homeowners and businesses that improve the quality of life for their neighbors. She stated the Community Relations department is proud to present Ford Motor Company and FCA USA LLC for recognition as recipients of the Nice Neighbor Awards. She explained these companies were nominated for this award by City Manager Mark Vanderpool. She explained at the start of the Covid-19 pandemic, Ford Motor Company rapidly pivoted from automobile manufacturing to the production of ventilators, which were in short supply when the crisis began. Mr. Vanderpool Regular City Council Meeting Tuesday, October 6, 2020 Page 9 has indicated that, to date, Ford Motor Company has fulfilled its $336 million contract and delivered 57,000 Model A-E ventilators since the start of the pandemic, and in addition, has donated approximately 450,000 face masks to the Detroit Public Schools to protect students and staff members as they return to school. She added that the masks were made by Ford UAW employees at the company’s Van Dyke Transmission Plant in Sterling Heights. They plan to distribute 10 million masks to schools, non-profits, and other community groups across the country, and she cited other recipients of the masks. Mr. Vanderpool also noted that FCA USA provision of 64,000 surgical masks to the City of Sterling Heights, and also donated a total of 245,000 surgical masks to Macomb County, totaling 2.2 million surgical masks donated to the State of Michigan during the Covid-19 pandemic. She added that, since May, FCA USA also donated over $5 million for meals in North America for children and seniors in need, which includes 60,000 meals through Macomb County Action. Councilwoman Schmidt stated that the efforts of Ford Motor Company and FCA USA LLC are a shining example of how local businesses contribute to the quality of life for all who live in Sterling Heights. She stated the representatives from Ford Motor Company could not attend this evening, but she presented the award to Ms. Valerie Knol from FCA USA LLC. Ms. Valerie Knol thanked the Mayor and City Council, noting it is an honor to receive this award. She stated Sterling Heights has been a wonderful partner Regular City Council Meeting Tuesday, October 6, 2020 Page 10 with FCA and they are delighted to have donated masks to their neighbors as well as the employees of Sterling Heights. Mayor Taylor thanked Councilwoman Schmidt for the presentation, and thanked FCA USA and Ford Motor Company, adding that the masks have been a big lifesaver for the Fire Department, especially early in the pandemic when it was difficult to obtain PPE. He stated the City is very fortunate to have great corporate citizens. 7. ORDINANCE INTRODUCTION A. Mayor Taylor stated this is to consider introduction of an ordinance amending Chapter 2 of the Code of Ordinances to create the community alliance. He invited Community Relations Director Melanie D. Davis to give the presentation. Community Relations Director Melanie Davis stated a little over a month ago they brought forward an ordinance to create an advisory commission to advise City Council and City Administration on all matters pertaining to diversity, inclusion, and human relations. At that time, there were questions that needed to be answered. They took the Council’s feedback, addressed those questions, and they understood from that meeting there is a desire to bring together all voices and experiences that make up the City and break down barriers that might separate the community to ensure every person living in Sterling Heights feels welcome and fully participates in “the Sterling Heights experience”. They designed a new concept for an advisory commission that focuses on “unity”, as incorporated in their brand name, “commUNITY alliance”. Regular City Council Meeting Tuesday, October 6, 2020 Page 11 She stressed they want to focus on unity, and she read a quote from the Mayor that was part of his State of the City address a little over a year ago, which talked about the loneliness of feeling unwelcome. She indicated they strive to provide the opportunity for all residents to create the human connections everyone needs to feel welcome and included, and that is what they felt they want to embrace as part of this commission. Ms. Davis explained the purpose of the commUNITY alliance is to unify Sterling Heights and make the bonds of living together strong, and together they can break through the barriers of prejudice, bias, and divisiveness to fully realize their vision of a vibrant and inclusive community with an exceptional quality of life. She stressed this will not be a reality until every resident of Sterling Heights feels welcome, accepted, respected and safe. They are proposing to produce an ordinance establishing the commUNITY alliance as an advisory commission, which is what they are doing this evening. They would then identify and appoint a diverse group of seven passionate individuals with different backgrounds and experiences and who are committed to the spirit and the purpose of the commUNITY alliance and also committee to effect the changes needed to unify the City. The next step would be to have them engage in research and conducting an analysis, looking at strengths, weaknesses, opportunities, and threats for Sterling Heights, and engage in candid conversations. After the analysis is complete, they would work to develop goals and objectives to create a Sterling Heights where every resident Regular City Council Meeting Tuesday, October 6, 2020 Page 12 feels welcome, accepted, respected, and safe, and would then provide an action plan with which they could implement. Those goals, objectives and action plan would be presented to City Council, and once they have feedback, they would collaborate with area civic and business leaders, community organizations, local experts and other stakeholders so they could develop programming and identify potential funding sources and grants that would help them move forward to meet or exceed the objectives as set forth. She outlined the anticipated timeline for this process, hoping to adopt the ordinance this month which would allow this commission to be created, with recruiting occurring in November and December, and appointing members in January 2021. They would have the next eleven months to do their research, have conversations, draft the community action plan, and then be presented at the Strategic Planning Session in 2022, and it could start to be implemented in February 2022. Mayor Taylor opened the floor for public comments. • Mr. Charles Jefferson – felt City Council needs to reflect unity first. • Ms. Jackie Ryan – opposed to proposal; questioned why it would only include seven people and not the entire community; felt the Constitution is all that is necessary. • Unidentified resident – agreed with Ms. Ryan; opposed to this proposal; cited the Bible and expressed concern this proposal excludes representation of Christianity. • Ms. Jazmine Early – questioned the need for this commission; noted there is already an Ethnic Community Committee; questioned who will Regular City Council Meeting Tuesday, October 6, 2020 Page 13 select these seven people; felt this will segregate people more than they are already. • Unidentified resident – in support of proposal; felt the City needs inclusion of all people, regardless of race, religion or belief; questioned how they will ensure this is a diverse group. • Unidentified resident – opposed to the proposal; claimed this country was founded on Christianity; felt they are ignoring the Constitution; claimed their culture is family, Christian faith, freedom, and the flag; felt they need a committee that will focus on that. • Ms. Brandi Wright – commented there is no reference to God in the Constitution, it protects the rights to worship any religion; suggested this process should be done quicker and could not understand why it would take a year. • Mr. Howard Giese – does not believe the City needs another committee; concerned it will provide preferential treatment for some races, and that equity will result in being about reparations. Moved by Sierawski, seconded by Ziarko, RESOLVED, to introduce the ordinance amending Chapter 2 of the Code of Ordinances to create the commUNITY alliance. Mayor Pro-Tem Sierawski cited the Constitution and admitted that many Americans have been told this is a Christian nation. She stressed she is a Christian woman but the fact is that the Constitution protects everyone, not just Christians, but everyone of all religions, races, and creeds. She agreed they can do better at being inclusive, welcoming, and kind, but this is their start. She emphasized this is not the answer, but what has been worked on and presented is what they hope can be a good start for this commission. She stressed they need a commission made up of diverse people, and she expressed concern about the one-sided beliefs expressed by some residents, Regular City Council Meeting Tuesday, October 6, 2020 Page 14 although she hoped that is because they do not understand the experience that others have had. She reiterated this is a start, and that is why she is voting in favor of it. Councilwoman Ziarko stated she had no questions when she first read this because she thought they were trying to be a better community; however, she started receiving phone calls and emails reflecting a different perspective. She expressed concern that this is a divided nation and they cannot find common ground, so they are trying to move in a positive direction to make sure it does not happen in their community. She commented it is difficult listening to people who have those judgments about others and not understanding that “everything is not the way you see it”. She stated the city has progressed to make sure all people are included and protected, adding they all have the same rights. She talked about how the younger generation has a different perspective on diversity, and she stated her daughter is color-blind, noting it does not matter to her where anyone comes from. She felt that is part of education, going to college, being with different people, and having discussions. She pointed out that when she goes into a third-grade class to read to them, they do not see color or religion but they just see one another. She felt as adults, that is what they need to see, and she felt this commission will make the City and its residents better. She pointed out there is now a waiting list for people, both black and white, who want to be included on the Regular City Council Meeting Tuesday, October 6, 2020 Page 15 African American Coalition. She felt this is all about how they can be better people, and she will be voting in favor of the motion. Councilwoman Schmidt commented that ethnicity is not the only reason for a bias or discrimination, and there is so much they need to learn about each other and to be open learning about each other. She felt there is a lot of fear in this room, and comments that one group is being protected over another, and she emphasized that is wrong. She noted they want to understand different groups and different religions. She commented the Ethnic Community Committee for the excellent job they do about ethnic differences, but there are other differences such as handicaps, religious differences, and lifestyle differences, and no one should fear this, adding that everyone is human and breathes the same air. She stressed this group is not about excluding Christians and it is not trying to pinpoint different people, but they want to know where other people are feeling bias against them, why, and how the community can make them feel as welcome as all other residents. She stated her children went through Warren Consolidated Schools, one of the most diverse districts in the State of Michigan, and she is proud that they have a diverse acceptance of everyone. She explained their Ethnic Community Committee helps to educate the community on different races, but the purpose of this committee is for other biases that go on in every community. She questioned what the process will be for applying for a position on this commission. Regular City Council Meeting Tuesday, October 6, 2020 Page 16 Mr. Kaszubski replied the application process will allow for an essay to explain the applicant’s background, why they are interested in the commission, and what makes them unique and able to help with the main purpose of the commission, so it will not be a check-box application. Councilwoman Schmidt stated she will be looking for someone who brings something to the table that the community needs to learn more about, but also someone who wants to learn about other people sitting at the table. She stressed she is looking for someone who is going to try to be the catalyst to this community for accepting biases. Councilman Yanez stated when this was first brought to the Council, he did not feel the proposed ordinance was at the level it could have been, but he commented that the Administration has risen to the occasion and has come back with a very good ordinance. He thanked Administration for listening to Council and putting the thought and effort into this. Councilwoman Koski commented that some of the comments made from the audience this evening is not what she envisioned for this commission. She thought of it more as “Team Sterling Heights” where the one goal is to make this City a better place to live, work and play, and respect each other. She noted the Police Department does exactly that with their community outreach and finding out the problems. She would like to see the commission composed of people who care about Sterling Heights and want to make it a better place, to make everyone feel respected and to make their opinions Regular City Council Meeting Tuesday, October 6, 2020 Page 17 matter, regardless of race, religion, skin color, or beliefs. She stressed it should be caring about neighbors and being able to help them. She felt this commission is a start, and she felt it should not be based on religion, because everyone can worship as they choose. Councilman Radtke stated that he does not feel this commission goes far enough, but he felt in listening to the voices of residents in this room, the importance of this commission is seen. He commented he finds it fascinating that people claim somehow that they have more purpose or say in this City because they have lived here for so many years. He stated he has lived here for twenty-three years, but if someone has only lived here a year, they should feel included and they have just as much right to have a place here and feel respected. He expressed concern that this commission is “watered down”, noting the problem it is meant to address is here in this room. He does not understand the need to change the name because having a Diversity Equity Inclusion Commission represents the purpose of the commission. The main goal is to make sure that everyone is respected and included. His family moved here from Detroit in 1997, and has always felt welcome, adding this City gave him everything he ever wanted. He questioned how many members the Ethnic Community Committee has compared to what is being proposed for this commission. Ms. Davis replied to inquiry she believes there are fifteen people on the Ethnic Community Committee. Regular City Council Meeting Tuesday, October 6, 2020 Page 18 Councilman Radtke questioned why this commission is proposed to have only seven members. Ms. Davis believed that is an initial number to start but they can expand that number, and she requested clarification from Mr. Kaszubski. Mr. Kaszubski explained the Ethnic Community Committee has eleven members, and he replied to inquiry that the number of seven members was selected to get highly-motivated individuals to start this commission. He advised if Council wants to raise that number as part of this introduction to the ordinance, they can recommend it. Councilman Radtke questioned whether the Ethnic Community Committee will co-exist with this commission. Ms. Davis replied affirmatively, noting the commission will not be a part of the Ethnic Community Committee, but there will be a number of times they will support each other and work collaboratively. Councilman Radtke questioned whether some of the responsibilities of the Ethnic Advisory Committee be tacked on to this commission. He cited the example of the Diversity Distinction Awards, which seems would be more appropriate for the commUNITY alliance rather than the Ethnic Community Committee. Ms. Davis replied she does not believe there are any plans at this point to take anything away from the Ethnic Community Committee that they do now and Regular City Council Meeting Tuesday, October 6, 2020 Page 19 moving it to this commission. She could see that may be something they would work on collaboratively. Councilman Radtke agreed with some of the comments from the audience members that the timeline is too long. He felt the problems exist now, and it should not take a year-and-a-half or two years. He noted that it is good that they are doing something, but he felt it is not enough. Mayor Taylor appreciated the comments of his colleagues, specifically those made by Councilwoman Ziarko. He noted they have heard from a few Christian residents tonight who expressed a fear that they would be excluded from this commission. He explained why this commission is so important. He pointed out that City Council, the City’s department heads and the City’s organization, including judges, the majority are Caucasian and most are Christian. He cited similar make-up for those in county and state roles of government. He posed the scenario of how people who are not white and are not Christian might feel when looking at who represents them at every level of government and every position of power. He pointed out that is why he believes this commission is so important, and he reminded this is not the supreme court or a group with a lot of power, but it is an advisory commission. He felt the people without a voice need to be given a voice. He stated he does not want to place a lot of restrictions or guidelines on them but would like the ability to pick good, dedicated people who want to make a difference, have a unified city, and want to make recommendations about ways they can improve Regular City Council Meeting Tuesday, October 6, 2020 Page 20 for the benefit of every single resident. He felt they should not be limited to only celebrating people of other ethnicities, but also people of different abilities, backgrounds, socio-economic status, religions, and people of the LGBTQ community. He felt they can have a city that includes and welcomes everyone, and he stressed they are not trying to exclude others in the process. They are trying to have everyone’s voices heard. Yes: All. The motion carried. 8. 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 amended: A. To approve the minutes of the Regular Meeting of September 15, 2020. B. To approve payment of the bills as presented: General Fund - $1,160,063.73, Water & Sewer Fund - $112,135.62, Other Funds - $3,135,750.69, Total Checks - $4,407,950.04. C. RESOLVED, to waive the competitive bidding requirements in accordance with City Code §2-217(A)(9)(b), and purchase five 2021 Dodge Charter Police Pursuit AWD vehicles and two 2021 Dodge Durango Police pursuit AWD vehicles from Jim Riehl’s Friendly CDJR of Lapeer, 1515 S. Lapeer Road, Lapeer, MI 48446, in the cumulative amount of $206,921. D. RESOLVED, to purchase MobileEyes Inspector inspection software from Tyler Technologies, 840 West Long Lake Road, Troy, MI 48098, in the amount of $20,019 for the first year; and authorize the payment of recurring annual use fees after the first year, assuming funds are budgeted for the annual renewal. E. RESOLVED, to waive the competitive bidding requirements in accordance with City Code §2-217(A)(5) and purchase a BullsEye Digital Fire Extinguisher Training System from Phoenix Outfitters, PO Box 20445, Upper Arlington, OH 43220, at a cost of $12,709.00. Regular City Council Meeting Tuesday, October 6, 2020 Page 21 F. RESOLVED, to purchase portable construction equipment, accessories, and attachments from Multiquip, Inc., 18910 Wilmington Ave., Caron, CA 90746, at pricing available through a Sourcewell cooperative purchasing contract, #041719-MTQ. G. RESOLVED, to approve the purchase of Hallowell shelving from W.W. Grainger, Inc., 1587 E. Whitcomb Ave., Madison Heights, MI 48071, at pricing available through the State of Michigan’s cooperative purchasing program, MiDeal contract #171-180000000689, at a cost of $19,733.17. H. RESOLVED, to accept the proposal by Wade Trim Associates, Inc, 500 Griswold Avenue, Suite 2500, Detroit, MI 48226 for professional consultant services to update the City’s Parks & Recreation Plan at an expected cost of $18,900. I. RESOLVED, to accept the proposal by Mando Construction, Inc., 75 Lafayette St., Suite 100, Mt. Clemens, MI 48043, for interior renovations to Fire Administration at a cost of $29,000 and to approve an amendment to the fiscal year 2020/21 General Fund budget to carry forward the unspent funds from the prior fiscal year. J. RESOLVED, to approve final payment to Peake Asphalt, Inc., 48181 Ryan road, Shelby Township, MI 48317, in the amount of $46,647.37, plus interest on retainage, for Neighborhood Park Improvements Bid Package #4. K. RESOLVED, to award the bid for paper and envelopes to Millcraft, 35655 Beattie, Sterling Heights, MI 48312, for the period of six months from date of bid award at the unit prices bid, and authorize the City Manager to exercise the option to extend the bid period for an additional six- month period under the same terms and conditions upon mutual consent. L. RESOLVED, to adopt the resolution designating October 2020 as National Disability Employment Awareness Month in the City of Sterling Heights. M. RESOLVED, to adopt the resolution requesting that the decision by the Area Agency on Aging 1B to terminate funding to the Chore Program be reconsidered and Macomb County Action take all necessary actions to preserve these vital services for benefit of Sterling Heights seniors and severely disabled residents in need. N. RESOLVED, to set a public hearing on Wednesday, November 4, 2020 at 7:00 p.m. regarding the application by Ground Effects, LLC for an Industrial Facilities Tax Exemption Certificate at 7000 Nineteen Mile Road. Yes: All. The motion carried. 9. CONSIDERATION Regular City Council Meeting Tuesday, October 6, 2020 Page 22 A. Mayor Taylor stated this is to consider approval of memorandums of understanding between the City of Sterling Heights and MAPE Professional and Technical Employees and MAPE Supervisory Employees Union. He invited Mr. Vanderpool to give the presentation. Mr. Vanderpool stated he reported on this at the August 5, 2020 City Council meeting, and this agenda item pertains to updating the funeral leave policy in all of their collective bargaining agreements. On August 5, they started with three bargaining units, tonight they are presenting two additional bargaining units, and they hope to have the remaining bargaining units to Council in the near future. He explained the funeral leave was twenty-five years old and needed to be updated to eliminate inequities, allow time for bereavement and to be less intrusive in terms of reporting requirements. Mayor Taylor opened the floor for public comment, but no one from the audience spoke. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve the memorandums of understanding between MAPE Professional and Technical Employees and MAPE Supervisory Employees Union and authorize the Mayor and City Clerk to sign the memorandums on behalf of the City. Yes: All. The motion carried. B. Mayor Taylor stated this is to consider pay increases for Election Inspectors who work on Election Day. He invited City Clerk Melanie Ryska to give a presentation. Clerk Melanie Ryska explained that Election Inspectors are the cornerstone of their democracy and on the front lines of their precincts and their Absent Voter Regular City Council Meeting Tuesday, October 6, 2020 Page 23 Counting Board to assure every vote counts. They are typically paid a flat rate for a very long day, which starts at 6 a.m. and often does not end until the wee hours of the morning. She stated the flat rate for inspectors in Sterling Heights has not been increased in recent history, and surrounding communities have taken strides to attract pay to attract new workers. She noted that often these inspectors are retired so they have the flexibility to work that long day and not have to work the next day so they can recoup; however, amid the Covid-19 pandemic, a lot of retirees cannot work elections for various concerns, so it is a struggle to find people to work. The City experienced a fifty percent drop in their Election Inspector pool at the primary election, and that was mainly attributed to concerns over Covid-19. They anticipate the voter turnout for the November election will hit a record high, adding that they currently have over 94,000 registered voters, with an anticipated turnout to be around seventy-five percent. It will be necessary to ensure they have the proper amount of staffing at their precincts and their Absent Voter Counting Board. In order to attract new Election Inspectors and to provide for a fair and equitable compensation, she is recommending an increase to the flat rate stipend for election workers beginning with the November 20, 2020 election. She explained the City’s pay for Election Inspectors is about twenty percent less than that in surrounding communities, so this proposed increase will put Sterling Heights at the top of the pay range, further enhancing their ability to attract election workers. Their goal is to hire 405 election workers for the November 2020 election, and if this Regular City Council Meeting Tuesday, October 6, 2020 Page 24 increase is approved, that would be an approximate $28,000 increase in their budget. Ms. Ryska informed that they were awarded a grant from the Center for Tech and Civic Life for just over $65,000 for election purposes, so that will cover the increase of the Election Inspector pay increase for the 2020 / 2021 budget. She respectfully requested the increase as presented, adding that the extra in-training rate will continue to be paid at the discretion of the Clerk’s office based on how many trainings are required. Mayor Taylor opened the floor for public comment. • Mr. Matthew Woods – questioned previous amount of registered voters; questioned how Ms. Ryska arrived at the anticipated seventy- five percent voter turnout; questioned the name of the grant received; questioned the amount of the flat rate Election Inspectors are paid. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve pay rate increases for Election Inspectors who work on Election Day, as recommended by the City Clerk. Councilwoman Ziarko stated around the time of the primary election, this came to her attention when she talked to a young Sterling Heights resident who indicated she was going to work as an Election Inspector in the City of Warren. When asked why she was working in Warren and not Sterling Heights, her response was that Warren pays more than Sterling Heights. She is glad they are proposing this, noting that in some of the advanced classes for seniors in high school who would be eligible to be poll workers, cities were going in to recruit students to work, and Sterling Heights was missing out. She is glad they are doing this and hoped it will lower the average age of their workers. Regular City Council Meeting Tuesday, October 6, 2020 Page 25 Councilman Radtke stated as a former poll worker in Sterling Heights, he felt this is long overdue and is in favor of the motion. He stressed that without enough election workers, there will be long lines and issues. He commended Ms. Ryska for bringing this forward, stressing that making sure their employees are paid fairly is always important, as well as ensuring they have enough workers. Mayor Taylor asked Ms. Ryska to address some of the questions raised by the resident. Ms. Ryska stated they currently have 94,004 registered voters, which is up from previous elections. She explained that they increase each time there is a presidential election, and she recalled the number of registered voters rose to about 89,000 before the last presidential election. She explained that, based on the absentee ballots received and the civic interest in the upcoming election, she anticipates a seventy-five percent turnout, adding it is an educated guess based on the turnout for the 2016 election, which was approximately sixty-seven percent of the registered voters. Ms. Ryska stated the grant came from the Center for Tech and Civic Life (CTCL), and she explained that an in-precinct Chair would make $300; Co-Chair would make $275; an Electronic Poll Book Inspector would make $260; an Inspector would make $220; and Interns (16- and 17-year-olds) would make $100. Yes: All. The motion carried. Regular City Council Meeting Tuesday, October 6, 2020 Page 26 C. Mayor Taylor stated this is to consider nominations to City of Sterling Heights boards and commissions. He opened the floor for public comments, but no one from the audience spoke. Nomination to Board of Ordinance Appeals I Moved by Radtke, seconded by Taylor, RESOLVED, to nominate Elizabeth Vincent for consideration as an appointee to the Board of Ordinance Appeals I Alternate at the October 20, 2020 regular City Council meeting. Yes: All. The motion carried. Nomination to Board of Ordinance Appeals II Moved by Sierawski, seconded by Taylor, RESOLVED, to nominate Lauren Tackett for consideration as an appointee to the Board of Ordinance Appeals II at the October 20, 2020 regular City Council meeting. Mayor Pro-Tem Sierawski stated this is one of her neighbors, and after reviewing her resume, she felt Ms. Tackett would be a very good fit for this Board. Yes: All. The motion carried. Moved by Schmidt, seconded by Taylor, RESOLVED, to postpone the nominations to the Board of Ordinance Appeals II Alternate (2), Zoning Board of Appeals Alternate (2) to the October 20, 2020 regular City Council meeting. Yes: All. The motion carried. D. Mayor Taylor stated this is to consider appointments to City of Sterling Heights boards and commissions. Appointment to Corridor Improvement Authority Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Richard Leja to the Corridor Improvement Authority to a term ending June 30, 2024, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Regular City Council Meeting Tuesday, October 6, 2020 Page 27 Appointment to Economic Development Corporation / Brownfield Authority Moved by Radtke, seconded by Taylor, RESOLVED, to appoint John Meyers III to the Economic Development Corporation/Brownfield Authority to a partial 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 Radtke stated that Mr. Meyers is a friend of his and is former part- owner and manager of C.J. Barrymore’s. He wished him well following a recent injury. Yes: All. The motion carried. Moved by Sierawski, seconded by Taylor, RESOLVED, to appoint Mike Viazanko to the Economic Development Corporation/Brownfield Authority to a partial term ending June 30, 2025, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Allison Bittner to the Economic Development Corporation/Brownfield Authority to a term ending June 30, 2026, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Appointment to Elected Officials Compensation Commission Moved by Sierawski, seconded by Taylor, RESOLVED, to appoint Lori Doughty to the Elected Officials Compensation Commission to a partial term ending June 30, 2022, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Moved by Sierawski, seconded by Taylor, RESOLVED, to appoint Pashko Ujkic to the Elected Officials Compensation Commission to a partial term ending June 30, 2026, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Appointment to Arts Commission Regular City Council Meeting Tuesday, October 6, 2020 Page 28 Moved by Schmidt, seconded by Taylor, RESOLVED, to appoint Amanda Koss to the Arts Commission to a partial term ending June 30, 2024, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. Appointment to Solid Waste Management Commission Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Henry Smith to the Solid Waste Management Commission to a partial term ending June 30, 2022, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried. 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from citizens. • Mr. Charles Jefferson – felt districts are needed before they go to four- year terms for mayor and council; talked about discrimination; questioned status of zipline in Farmstead Park; questioned how money awarded to the City in the 15 Mile Road lawsuit will be spent. • Mr. Matthew Woods – talked about elections signs allowed in public easements except for Sterling Heights and Shelby Township; claimed violation of federal rights; talked about due process notification. • Ms. Jackie Ryan – felt 400 signatures on a petition is too many; in favor of the current two-year terms; questioned why meetings, other than City Council, are still held virtually on Zoom; questioned whether October 14 Planning Commission meeting will be on Zoom. • Mr. Sanford Williams – talked about provisioning centers for marihuana; requested the City opt in to allow one provisioning center for he and his partner. • Mr. Scott Turkington – resident at 11025 16-1/2 Mile; expressed his concerns about the proposed development at 11063 16-1/2 Mile; discussion at Zoning Board meeting via Zoom limited to height of the building, but petitioner withdrew request for variance by reducing height; concerned about negative affect on his property value. Regular City Council Meeting Tuesday, October 6, 2020 Page 29 • Unidentified resident – mentioned “Back the Blue” rally to support the police on October 24 at 10 a.m. in front of the Police Department; respectfully requested Mayor and City Council attend to show their support; assured this is not political, showing appreciation for police. • Mr. Steve Bilan – concerned about the recent road patching at Van Dyke / Canal intersection, noting it is falling and getting worse every day; complained about his water bill being outrageous, noting the sewage on his bill is over $500; questioned why the City will not allow two meters; stated he represents veterans and complained City is not doing anything to help veterans. • Ms. Rita Sellman – resident at 11258 16-1/2 Mile Road; assured she has no problem with construction of another place of worship; opposed to the plans to include a community center in a residential neighborhood; everyone should be able to use the City’s Community Center; expressed concern about traffic that will result; urged City to deny this request. • Mr. Paul Smith – opposed to 400 signatures for a petition; petitions should only require a $100 fee; complained about the campaign sign ordinance. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool addressed the resident’s question about the Farmstead zipline, and informed that the applicant has withdrawn that application. Mound Road Deli is partially occupied and they have plans to continue the buildout and occupying that site. With regard to the 15 Mile Road sinkhole lawsuit that the Public Works Commissioner recently announced last week for $12.5 million, with the City’s portion of that being just under $4 million, will likely be applied to any forthcoming charges or future repairs, and that has yet to be determined. Mr. Vanderpool noted that Van Dyke / Clinton River Road intersection is not within the jurisdiction of the City of Sterling Heights, but they will look into it and collaborate with the City of Utica. He urged Mr. Bilan Regular City Council Meeting Tuesday, October 6, 2020 Page 30 to call him tomorrow and he will be glad to look at his water bill to see if it may be out of line. He noted that there is grant funding for various business in the City through the CARES Act funding, and that includes nonprofits, so if Mr. Bilan has a veteran’s association that he would like to have considered for this funding, Mr. Vanderpool stated he can direct Mr. Bilan in the right area. He noted that Mr. Kaszubski can comment briefly on some of the concerns expressed about the proposed development near 16-1/2 Mile Road that will be going before the Planning Commission. Mr. Kaszubski stated he cannot speak on the application but confirmed that the application came before the Zoning Board. The petitioner came back with a revised plan that met all of the zoning ordinances, so the Zoning Board no longer needed to hear the case. The matter will go the Planning Commission, who has the exclusive purview, adding that City Council will not have a vote. It is the Planning Commission’s job to go through this, and any member of the public who wishes to go to that meeting may do so. It was originally scheduled for a date in October, but the petitioner has asked for an extension to get the plans into the City Planner’s office, so the new date will be forthcoming and they can look for notices on it. Mayor Taylor inquired as to whether Mr. Kaszubski would like to handle the question of campaign signs this evening. Mr. Kaszubski referred to the Reed Case which was brought up during a public comment earlier this evening. He stated the Reed Case goes back to 1984 and Regular City Council Meeting Tuesday, October 6, 2020 Page 31 allows for the cities and municipalities to control their rights-of-way with regard to signs, as long as it is in a content-neutral manner, which the City’s sign ordinance is. He explained that the City prohibits any and all signs in their rights-of-way because of aesthetic purposes and sight issues with respect to vehicles. The case law is clear and has been set since 1984. There are alternative forms for residents to express their activities or to have other means of communications, which is exactly what the Supreme Court has said. He stressed the City’s sign ordinance does not address any type of sign content because they do not discriminate based on content at all. He clarified they do not request a permit for a “political” sign, but rather they are considered “temporary” signs, so it is content neutral as to whether the sign is advertising subs for sale or a political issue. He will listen to what Mr. Woods said tonight, but he believed the Supreme Court has spoken on this issue several times. Councilman Yanez noted he had a conversation with Mr. Bilan a couple of days ago over their struggles to maintain their VFW hall. He stated they are having a hard time getting veterans from the Iraq and Afghanistan wars to participate, but they are still needed. There are five veterans’ organizations that help service people, especially in a time of need, and it is important to make sure they are available to help. Next year is the 100th anniversary of their local chapter, and he felt they need to make sure they stand up as citizens and help their veterans to keep the doors open. He referred to a business suit drive they conducted a couple of years ago for veterans who do not have dress clothes to Regular City Council Meeting Tuesday, October 6, 2020 Page 32 go for interviews. He felt it would be tragic if the doors closed and the third or fourth largest city in the State of Michigan does not have an access for veterans at the local level. He encouraged everyone to participate in events and donate when possible. Councilman Radtke agreed with Councilman Yanez that they need to do more for their veterans, adding that his father is a veteran. He has been receiving inquiries and emails from residents interested in keeping chickens in their backyards. He is not sure the ordinance should be changed, but without objection, he would like to request Administration prepare a memo for City Council to look at the pros and cons, as well as what surrounding communities do in regard to allowing chickens. There were no objections from the Council. Councilman Radtke stated he hopes that everyone continues to “mask up” to keep everyone in their communities and their families safe. He added that if people do not take precautions, the chances of getting sick rises. He noted his dad has inoperable lung cancer, and he thinks about him every day, which is why he wears a mask. Mayor Taylor addressed numerous comments he has received from residents about their high water and sewer bills. While he agreed they are high, he noted they have had more consumption. He recommended that residents can go to the City’s website and look at “utility billing” to see actual billing usage over the last several quarters, comparing current water usage to water usage Regular City Council Meeting Tuesday, October 6, 2020 Page 33 up to four years ago. He explained he receives a lot of questions as to why sewer rates are based on the amount of water used, especially when it is water to fill a pool or water a lawn. He understands those concerns, but indicated that at this time, Sterling Heights does not allow a second meter. He stated he would be willing to have that discussion because it has been several years since it was last discussed at City Council. He explained that the County charges a certain amount per year for sewer services, and that amount has to be paid regardless of how much sewer service they use. The City apportions it by the total water consumption, and one option would be to apportion it by the total indoor water consumption, allowing a second meter for water used outdoors. If a resident does not opt for a second meter, then the sewer would be based on total water consumption. He cautioned, however, that the total amount due would still have to be paid to the County, so it would be apportioned between fewer rate payers, so the actual rate would go up. He has talked with plumbers who have done the work for residents in other communities where second meters are permitted, and they claim that by the time the resident pays for the second meter, the plumbing, inspection work and permits required for installation, there could be multiple years to pay that back. It will not take as long for commercial and industrial users to pay that back, so those users may be getting a better deal at the expense of the residential users. He explained the reason these bills go up is because of increased costs from the County, the Great Lakes Water Authority, and inflationary increases from the City. The Regular City Council Meeting Tuesday, October 6, 2020 Page 34 average resident pays approximately $1 per day for all the clean water they want, and $1 per day for the sewer services. He noted for some residents, it is closer to $2 per day, but it is still a bargain considering the importance of those services. Mayor Taylor stated he has tried for years to change the campaign sign ordinance but has been unable to do so. He does not want to see any signs in the medians or rights-of-way, although he does not like the registration form. Mayor Taylor addressed the “4 & 400” proposal on the ballot. He felt it is much more reasonable for candidates to get 400 signatures as opposed to nearly 1,000 signatures. 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 Radtke, seconded by Ziarko, RESOLVED, to adjourn the meeting. The motion carried. The meeting adjourned at 10:06 p.m. MELANIE D. RYSKA, City Clerk