City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, FEBRUARY 16, 2021 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 stated the Sterling Heights Fire Department is closing in on a top ranking nationwide. He explained the process that started in August 2020 with the Fire Department beginning a review of their operations through the Insurance Services Office (ISO) for a Public Protection Classification (PPC). The current PPC for the Sterling Heights Fire Department is a Class 2, with a Class 1 being the best score possible. He explained that ISO is a leading supplier of data and analytics for property in the casualty insurance industry, and most insurers use a PPC Regular City Council Meeting Tuesday, February 16, 2021 Page 2 classification in their determination of premiums for residential, commercial, and industrial properties, so a lower PPC class affects residents and business owners with lower premiums. He explained the last Sterling Heights Fire Department ISO review occurred in 2017, where they moved up from a Class 3 score to a Class 2 score. He added there are only a few departments in the State with an ISO Class 2 rating, and none with a Class 1 rating in Michigan. The most recent review shows progress, but they will remain with an ISO Class 2 rating for now, just short of a Class 1 rating by 1.51 points. He informed that the Sterling Heights Fire Department is in the ninety-fifth percentile of top-rated departments in the country. He advised that through a data review, the Fire Department can make strategic plans to further improve internal processes and policies to reach the Class 1 rating, and he outlined the areas in which they will be focusing. Through hard work and the help of SAFER grants as well as a transport model, the Fire Department has improved their ability to serve the community well and are committed to the spirit of continuous improvement. He recognized the good work of Interim Fire Chief Ed Miller and his team for their good work in advancing the progress of the ISO rating, and he expressed confidence that they will push this over the finish line in the next couple of years. Mr. Vanderpool proudly announced the City has been successful in being awarded a $3.1 million allocation from the State to completely replace the Regular City Council Meeting Tuesday, February 16, 2021 Page 3 17 Mile Road bridge over the Plumbrook Drain, just east of Van Dyke, and the work is scheduled for 2023, and they will be starting on the engineering and bidding prior to that date. Mr. Vanderpool provided an update on the current snow emergency, which was announced yesterday in anticipation of the snow and took effect at 7 a.m. this morning. He advised that over 25,000 residents received direct electronic notification of the snow emergency through either email or text messages, and almost 60,000 were notified via social media. He thanked Community Relations Director Melanie Davis and her team for their hard work in this notification effort. He explained their on- street parking ban enforcement began at 9 a.m. this morning, noting that once the major roads are clear, it takes approximately 36 to 48 hours to complete all of the subdivision streets, so they anticipate completing Phase 1 by tomorrow morning and Phase 2 by Thursday morning, which is within the goal of their 48-hour time frame. He informed that so far they have issued 250 tickets and anticipate issuing more tomorrow, which means they will unfortunately have issued between 400 and 500 parking tickets for violations of the snow emergency. He stressed it is necessary to comply because they have to get the roads cleared, especially for emergency vehicles and for the motoring public. Once they get through that portion, they will focus their attention on sidewalk clearing, which is also required by ordinance, and if the City has to bring in their contractor, they will then Regular City Council Meeting Tuesday, February 16, 2021 Page 4 bill the resident or business. He advised anyone unable to get their driveway or sidewalk cleared can go on the City’s website and click “on- demand snow removal service”, where they promote a number of on- demand snow clearing services. It can easily be scheduled and is affordable, simple, and expedient, and he stated he scheduled Lawn Guru on his smart phone at 10 p.m. last night, and they were at his house around 2 p.m. this afternoon to clear his driveway. Mr. Vanderpool provided an update on Covid vaccines and what the City is doing to advance getting residents vaccinated. Through a Power Point slide, he outlined Phases 1 and 2 and their anticipated timing, noting that Phase 1 is broken down into three sub-phases. He explained that Phase 1A involved vaccinating residents in long-term care facilities, and in Sterling Heights, that was done through private partnerships with Walgreens and other pharmacies who went on-site to vaccinate. Phase 1B is for those over the age of 75 not covered in Phase 1A, as well as front line state, federal and local responders, school staff, and other front-line workers. Phase 1C is for those 65 years of age and older, as well as remaining essential workers, and Phase 2 will be for anyone over 16 years of age not included in Phase 1. He advised that these sub-phases in Phase 1 overlap and can be merged together, and the vaccines have been administered by the County Health Department; however, the City Council is taking action this evening on a proposal for Phase 2, which the State estimates will begin in June or July. Regular City Council Meeting Tuesday, February 16, 2021 Page 5 He noted that the federal government anticipates that Phase 2 will actually start around April, so the City needs to be prepared for Phase 2 because the vaccines at that point will no longer be distributed through the local health departments but will be available through private providers, including all pharmacies, hospitals, private companies, health care providers, and local EMS providers. He explained the vaccines can be ordered by the providers through the Michigan Care Improvement Registry (MCIR) system, and the City is already enrolled and has been approved, awaiting the final step which is the provider approval. He stated once they have the final approval, the City’s Fire Department will be able to order dosages through MCIR and begin providing vaccinations to City residents. Mr. Vanderpool explained that this evening, the City Council will be considering approval of a lease of the former Sear’s drive-through auto facility at Lakeside Mall, so those being vaccinated would not even have to get out of their cars. He noted they have been very pleased to have been able to work out this arrangement with the current owner, who has been very good to work with and understands the importance of it. The lease, if approved by Council, would be effective tomorrow through July 1, with two renewable 3-month options, taking them to the end of the year if necessary. He commended the owner for agreeing to the below-market rates at $5,500 per month, which is basically utility costs plus fees to open up the facility. They believe this is fully refundable through FEMA knowing they are still operating Regular City Council Meeting Tuesday, February 16, 2021 Page 6 under a local emergency considering the pandemic. He introduced Interim Fire Chief Ed Miller to talk about Phase 2. Interim Fire Chief Ed Miller stated that, regarding the Covid response, they have continued to make improvements and are working in partnership with the County Health Department and the Michigan Department of Health and Human Services to make sure they are providing the best services to their residents. They have had a group of people continuing to work on the next steps, and in October they started a couple of planning processes to look forward to the vaccinations and testing, working with the County to facilitate options and opportunities for vaccination sites and providing personnel to help in those situations. The Fire Department has a Covid Task Force, and they have worked with City Administration to develop rapid antigen testing for city workers and essential workers, and they are now able to do rapid antigen testing and antibody testing for city employees to keep them working. They have developed policies to help them respond as a fire department within the city, and a lot of those policies have now been adopted in other municipalities in Macomb County. They have recently provided training for 35 paramedics in the Fire Department for vaccinations so they will soon be helping the County with giving vaccinations. They have had a lot of help from other departments as well and will need them to assist with the logistical aspects and components of the vaccination process as they work in partnership while Regular City Council Meeting Tuesday, February 16, 2021 Page 7 still in Phases 1B and 1C. He stressed it is a collaborative effort for the City and is currently being planned. They will continue to work with the County as they are worried about the twenty-seven assisted living facilities in the City, and so far, twenty-three of them have a working arrangement with other services or the County to provide vaccinations. He has talked with a few, and they are working to provide the City with some statistical information on how many of their residents have been vaccinated. They estimate that 6,000 of their seniors have already been vaccinated, and that number will continue to grow with their plan. He admitted it is a huge visionary goal to get their citizens vaccinated, and they are trying to get that in place and establish partnerships with other agencies so that if and when the vaccines are available, they will be able to provide them to the City’s citizens in a very organized fashion. He stated this has been a lot of work, but it is very exciting, and he appreciated the assistance and support of Administration so they can have a well-defined plan moving forward. Mr. Vanderpool recognized the partnership they were able to forge with Beaumont Health system, where they have offered to store some of the dosages for the City. He highlighted that Mayor Taylor has sent a letter to the Department of Health and Human Services Director explaining the importance of getting the provider approval activated as quickly as possible. He stressed there needs to be as many partners as possible for Phase 2. They believe this is a good model for communities across the state Regular City Council Meeting Tuesday, February 16, 2021 Page 8 where they have certified paramedics that can be part of the solution. He concluded his report by offering to address any questions. Mayor Pro-Tem Sierawski stated she is happy to hear Beaumont is happy to help with the storage and questioned what their plans are once they are up and running because they would need continual storage provided for the vaccines. Interim Chief Miller replied they have agreed to partner with the City regardless of what vaccine is available to be delivered to them. They are setting aside space for Sterling Heights. Councilwoman Ziarko questioned whether this center, once up and running, will be for Sterling Heights residents only, or whether it will be open to anyone in the County. Mr. Vanderpool replied that, for Sterling Heights involvement, they would be administering dosages to Sterling Heights residents only; however, this lease does not preclude them from entering into an interlocal agreement with the County or with any other provider, such as pharmacies, Troy Beaumont Hospital or others that need facilities such as this to help administer some of their dosages as well. This facility will provide some flexibility. He added that the County may have interest in using this facility for Phase 1B and 1C, which is currently underway. Councilwoman Schmidt questioned who will schedule the appointments. Regular City Council Meeting Tuesday, February 16, 2021 Page 9 Interim Chief Miller replied that is part of the upcoming planning process. Their original goal was to establish a site and determine the amount of personnel and space needed. He noted that the County will not be scheduling vaccines for Phase 2, so that will fall on them to make those arrangements. Councilwoman Schmidt felt it a fantastic idea. Mayor Taylor thanked Mr. Vanderpool, the Fire Department, and other departments who took part in putting this plan together. He is looking forward to being able to get as many of their residents who want the vaccine, to be vaccinated as soon as possible. 6. PUBLIC HEARINGS A. Mayor Taylor stated this is to consider the application by Casadei Structural Steel, Inc. to amend the final cost of the real property investment made pursuant to Industrial Facilities Tax Exemption (IFEC) No. 2018-140 at 40675 Mound Road. He informed that Senior Economic Development Advisor Luke Bonner, who was scheduled to give a presentation, is unable to attend this evening due to the weather conditions, and further, that the representative from Casadei Structural Steel is also unable to be present this evening. He opened the public hearing, reminding that Council will not be voting on this item until the next regular meeting. There were no comments from the public, and Mayor Taylor closed the public hearing. Regular City Council Meeting Tuesday, February 16, 2021 Page 10 Moved by Ziarko, seconded by Sierawski, RESOLVED, to postpone consideration of the application by Casadei Structural Steel, Inc. to amend the final project cost of the real property investment made pursuant to Industrial Facilities Exemption Certificate No. 2018-140 at 40675 Mound Road to the March 2, 2021 regular meeting. Yes: All. The motion carried. 7. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider introduction of an ordinance amending Chapter 51, Article III of the City Code to update and enhance regulations governing the preservation of trees. He invited City Planner Chris McLeod to give a presentation. City Planner Chris McLeod explained this has been in the works for the last year and was originally proposed as part of Strategic Planning for 2020. Since that time, City Administration and the legal staff have been working to draft the amendments, it has been reviewed and recommended for approval by the City’s Sustainability Commission, and it is now being presented to Council for their consideration. He explained the City is a member of the Green Macomb Partnership, and they are trying to preserve the tree canopy they already have, as well as to try to increase the number of plantings. He reviewed the goals and intent of the ordinance, noting that the woodlands they have are precious and need to be protected, but also recognize that there is a marriage between possible use of a property as well as the preservation of trees. When trees have to be removed to a certain degree, they want to make sure they are going back in. He showed Regular City Council Meeting Tuesday, February 16, 2021 Page 11 a slide depicting where the tree canopy is strongest and where it is most lacking throughout the City. Mr. McLeod summarized the changes in the ordinance, noting regulated trees are any desirable trees that are six inches or greater in diameter. This ordinance also proposes to include undesirable trees, such as Cottonwoods, for calculation purposes. The new ordinance requires that if landmark trees are to be removed, they would have to be replaced at 100 percent. The current ordinance permits the removal of any non-desirable trees without replacement, regardless of its size; however, the proposed ordinance requires that any tree six inches or greater in diameter, whether considered desirable or undesirable, must be calculated as part of the tree preservation requirement. He stressed this is a significant change because the majority of the woodlands in the City are not quality trees, although there are quality trees scattered within those areas. He talked about the Tree Preservation Fund, where if the full number of trees cannot be retained, and they cannot be replaced by planting new trees, there is an option to pay into the City’s Tree Preservation Fund at a rate of one-and-a- half times, so if someone is removing one hundred trees that cannot be replaced, that person would be required to pay the City for one hundred fifty trees. He reviewed a number of the simpler items also included in the ordinance. He noted that the delineation of property size has been removed, so all woodland areas should be counted and preserved. He Regular City Council Meeting Tuesday, February 16, 2021 Page 12 reiterated this went to the Sustainability Commission, who did a thorough analysis and made some recommendations that the trees being planted should be native to the State of Michigan, would not be invasive species, and utilizing a planting guide prepared by Green Macomb which lists all of the trees best suited for Macomb County. The Sustainability Commission recommended approval of this draft, and they also indicated that Tree Preservation Canopy totals should be tracked, as far as the trees removed, replanted, and to try to do further analysis as to the City’s Tree Preservation Canopy. Mayor Taylor opened the floor for public comments, but no one spoke. Moved by Sierawski, seconded by Radtke, RESOLVED, to introduce the ordinance amending Chapter 51, Article III of the City Code to update and enhance regulations governing the preservation of trees. Mayor Pro-Tem Sierawski inquired as to where the Green Macomb’s suggested tree list can be found, and how this ordinance applies to existing but undeveloped properties currently for sale but not yet sold. Mr. McLeod replied if this is approved, the list of trees will be posted on the City’s Planning website. He replied to further inquiry that any property up for development would be subject to this provision, and there is no “grandfathering”. He clarified that this ordinance is for development purposes and does not apply to anyone owning a single-family lot as a resident. He added that if someone has a large single-family lot and is Regular City Council Meeting Tuesday, February 16, 2021 Page 13 developing a subdivision, the development itself would be subject to the provision. Councilman Radtke noted there is a development on tonight’s agenda, and he questioned whether these regulations, if passed tonight, will apply to that development going forward. Mr. McLeod replied that a proposed conditional rezoning is being presented to Council this evening, so if that is approved, they still need to go through the site plan process. At that point, they would be subject to the Tree Preservation provisions. Councilman Radtke questioned the value of the current tree fund. Mr. McLeod replied he does not know the current value, noting that it has been paid into several times, and DPW does take out of that fund to plant trees along the rights-of-way. He recalled two significant pay-ins within the last couple of years amounting to over $40,000. Councilman Radtke appreciated the report of the Sustainability Commission and felt looked at it from all angles. He added in the future, he would like to see the receivables and expenditures of the Tree Preservation Fund, possibly on an annual basis, so they know how developers are using it. He felt the purpose of the ordinance is to have the developers preserve trees rather than pay the City. He felt they may need to tweak it if they find they are asking too much of developers, or they may need to increase the cost if developers are using that option frequently. He Regular City Council Meeting Tuesday, February 16, 2021 Page 14 felt it is a great ordinance that will greatly improve the community, and he will be voting in favor of it. Councilwoman Koski questioned whether this ordinance will allow developers to keep the Cottonwood trees rather than to replace them. Mr. McLeod replied that, in the proposed ordinance, all trees are treated the same, although they would not allow the replanting of Cottonwoods. He agreed with Councilman Radtke that the idea is not to get to the point where developers opt to use the tree fund in lieu of saving trees, so the first option is to keep the trees on the site, the second option is to replant on site, and the final, or least desirable option, is to pay into the Tree Preservation Fund. Yes: All. The motion carried. B. Mayor Taylor stated this is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the west side of Van Dyke, south of Metropolitan Parkway, in Section 28, from M-1 (Light Industrial District) to C-3 (General Business District); Case PZ20-0004 – Paul Duncan. He invited City Planner Chris McLeod to give a presentation. City Planner Chris McLeod explained this a request for conditional rezoning from M-1 Light Industrial to C-3 General Business is proposed for three properties located just south of 16 Mile Road on the west side of Van Dyke for the specific purpose of constructing a hotel as well as a quick-serve Regular City Council Meeting Tuesday, February 16, 2021 Page 15 restaurant. He stated the current house is a non-conforming single-family home. The proposed quick-serve restaurant with a drive-through is just over 3,000 square feet, along with a four-story, 122-room Woodspring Suites hotel. He showed the zoning map, depicting the zoning of the surrounding sites, indicating it is at the end of their commercial district on the west side of Van Dyke, but it contiguous with the Tru Hotel and shopping center to the north, and the Meijer facility on the east side of Van Dyke. He noted that the former John R Fuel site is currently being proposed for development with a new surgical center, and the proposed site would be interconnected with the surgical center site. He noted some of the other developments in the area, including FCA and the KUKA industrial building. He explained the City’s Master Land Use Plan designates this site as industrial; however, the overall site is immediately to the south of the Van Dyke Mixed Use District. He pointed out that if these three properties remained zoned for industrial use, and the surgical center is constructed to the south, they have to look at whether it would be desirable to have industrial between the surgical center and a hotel. He showed the site plan and reviewed the details, noting that four variances are included as part of this request. He reviewed the variance requests, being an off-site sign, the allowance of a drive-thru restaurant within five hundred feet of another drive-thru food establishment, seven stacking spaces rather than the required ten, and a rear yard setback of fifty-three Regular City Council Meeting Tuesday, February 16, 2021 Page 16 feet rather than the sixty-six feet required. He explained that, from a Planning perspective, the off-site sign is preferable because it would result in a single sign for the overall development. He added that McAlister’s Deli Restaurant is not a traditional “fast-food” restaurant but is “fast casual”; however, since they are requesting a drive-thru window, they need a variance. McAlister’s is a relatively new brand in Michigan. He concluded that the Office of Planning is recommending approval of the proposed rezoning application, and he stated that Mr. John Gaber and Mr. Paul Duncan are present tonight to answer questions. Mr. John Gaber, legal counsel for the proposal, thanked Mr. McLeod for his thorough presentation. He showed a rendering of the proposed development from Van Dyke. He stated it is consistent with other land uses in the area, and he provided their justification for the rezoning. He pointed out the proposed uses are consistent with the other zoning in the area, the rezoning is consistent with other land uses in the area, the proposed uses are better suited to the area than the current uses, it is consistent with the policies and uses proposed in the City’s Master Land Use Plan, and he reviewed the surrounding developments. He felt conditions are changing in the area, making it impractical to develop the property as currently zoned, noting the three parcels together equate to 2.9 acres, which Regular City Council Meeting Tuesday, February 16, 2021 Page 17 he did not feel would be practical. He introduced Mr. Paul Duncan to provide information on Woodspring Suites and McAlister’s Deli. Mr. Paul Duncan, with Concorde Hospitality, explained more about the development and the use and operation of these two facilities on the site. They are proposing to develop a Woodspring Suites hotel and a McAlister’s Deli restaurant, and he showed photos of some of their other locations. He understood that, with the new Tree Preservation Ordinance, they will have to add some trees, but he emphasized the enhanced landscaping they are providing, noting that they have either met or exceeded all current landscape requirements. He stated this development will involve the employment of 300 contractors, and the investment of $1.3 million in local businesses. They will be creating full-time, part-time, and contract-based jobs for the development, many of them local. He explained how they made their decision to locate in Sterling Heights, and they look to see what can support the extended stay market. One of the biggest drivers they look at is the number of businesses that have over 150 employees within a five-mile radius, and at this location, there are over 100 such businesses within five miles, and 20 of those are within 1.5 miles. Another driver is a lack of extended stay locations in the area, and for this location, there are two others built in 1997 or earlier, and the only two newer Regular City Council Meeting Tuesday, February 16, 2021 Page 18 facilities have rates of over $130 per night. Woodspring’s daily rates would be about twenty-three percent higher than the national average for Woodspring Suites, but also a five percent occupancy bump over the national average. He explained their company’s history in this business, and he showed letters of support from Ford Motor Company as well as General Motors. He stayed they not only develop the hotel, but they manage it as well, and they have a niche in the extended stay market. He talked about McAlister’s Deli, which is known for their sandwiches, spuds, soups, salads, desserts, and sweet tea. They are generally open from 10:30 a.m. to 10:00 p.m. and cater a lot of corporate lunches. There is no frying done on site, and everything is done with toasters, so it is a healthy eating alternative. They receive their deliveries in small box trucks. He offered to answer questions. Mayor Taylor opened the floor for public comments and questions. • Mr. Charles Jefferson –great concept for this area; questioned whether they will be providing charging stations for electric cars since the automotive market is moving in that direction in the future. Moved by Schmidt, seconded by Ziarko, RESOLVED, to introduce the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the west side of Van Dyke, south of Metropolitan Parkway, in Section 28, from M-1 (Light Industrial District) to C-3 (General Business District); Case PZ20-0004, and direct the Applicant to proceed to finalize a proposed agreement so that the City Council can further evaluate the offer of conditional rezoning of the property at the March 2, 2021 regular meeting. Regular City Council Meeting Tuesday, February 16, 2021 Page 19 Councilwoman Schmidt stated she is in favor of this proposal and felt leaving the property zoned as is would actually result in a spot zoning. She inquired as to whether they will have a deceleration lane on Van Dyke to enter the driveway to the site. Mr. McLeod replied no, adding that it will most likely be a standard driveway. Councilwoman Schmidt liked the fact there will be one drive to access both the hotel and the restaurant, so she had not objection to the elimination of three stacking spaces for the drive-thru. She appreciated the explanation of they way they survey the area and make their determination as to the location for their sites. She noted the citizen comment regarding charging stations for electric cars and inquired as to whether that is something the developers would consider. Mr. Duncan replied that electric charging stations are something they had done in other hotel chains such as Choice, Marriott, and IHG, but he noted the charging stations are seldom used and are generally found in higher-end hotels that charge over $200 per night. He felt they can make provisions to install them in the future, but it is not something they have done at this point or that he could see there would be much need for in the near future. Regular City Council Meeting Tuesday, February 16, 2021 Page 20 Councilwoman Schmidt commented that automotive companies are going to electric cars so it is something they may want to consider in the future. She inquired as to the price point for these suites. Mr. Duncan replied the average daily rate is anticipated to be about $55 the first year and increasing to $63 the second year. He cautioned, however, that is broken down from their weekly rate, which is approximately $400 a week. He added that if they have a transient guest who wants to stay for one night, they are not getting a rate of $55, but their cost would be closer to $100. Guests who stay only one or two nights create additional work for their staff, so they have to charge a little more. Councilwoman Ziarko stated there is a need for these residential suites, as she knows first-hand from her niece who uses them. She questioned as to whether every unit will be a suite. Mr. Duncan replied that all 122 rooms are suites with kitchens, full- sized refrigerators, sinks, microwaves, cooktops, and some even have a dishwasher. He pointed out they will be located directly across the street from Meijer so it will be very convenient for guests to purchase groceries for the week and store them in their refrigerator. About half of their rooms will have two queen beds, the others will have a queen suite so it has the ability for contractors to stay two people to a room. He replied to further inquiry that their Regular City Council Meeting Tuesday, February 16, 2021 Page 21 other Woodspring Suites in Michigan are located in Farmington Hills, which opened in October, and they have others in Rochester Hills and Madison Heights. Councilwoman Ziarko inquired as to the timeline for construction. Mr. Duncan replied that it typically takes about twelve months from the time they start breaking ground until they open. Councilwoman Ziarko appreciated Mr. Duncan bringing in an outsider’s opinion of this city. She felt the variances being requested are within reason, and she wished him luck. Councilman Radtke questioned Mr. McLeod about a comment in his report that read “the buildings do not present an architectural design that goes above and beyond what the City requires”. He questioned whether the buildings would fit into the area or whether this indicates they are not as good as they should be. Mr. McLeod replied they will fit into the area, with Woodspring being comprised of about eighty-five to ninety percent brick, with a small area in the center made up of wood siding. McAlister is largely brick construction, so they are consistent with the architecture of the buildings to the north. He indicated that with the overall site design and landscaping, this will be an upgrade to the site. Regular City Council Meeting Tuesday, February 16, 2021 Page 22 Councilman Radtke recalled when they first discussed the Van Dyke Mixed Use District, and he felt this is almost an extension of the properties to the north. Mr. McLeod replied that these three sites, which are combined into one, are outside of the Van Dyke Mixed Use District. It provides an extension and an alignment to that area, as well as the property to the south proposed as a surgical center. The idea is to create a cohesive traffic pattern, so the sites work as one. He replied to further inquiry that the conditional rezoning will still leave this site out of the Mixed-Use District and will simply take it to a C-3 zoning district with the conditions proposed and outlined on the site plan. Councilman Radtke questioned whether the Planning Commission’s concerns were resolved with regard to screening, trees, and parking spaces. Mr. McLeod replied that they provided revised plans as they moved into the Planning Commission. He reminded this is only at the conditional rezoning stage, so as they move into the site plan phase if they are successful in receiving approval, the rest of the site will have to be in full compliance with the remainder of the City’s ordinances, including landscaping. Regular City Council Meeting Tuesday, February 16, 2021 Page 23 Councilman Radtke credited Mr. Jefferson for his concern about electric charging stations and questioned whether other cities are moving forward to mandate them at hotels. Mr. McLeod replied that would be a good direction to go, but typically a city would require a specific ratio of charging stations to regular parking spaces. He stated they do not have that requirement now, but it is something Administration can look into, and they can bring it forward. Councilman Radtke felt the City should lead the way. He commented that he does not want to see a budget hotel and was concerned about the low price point per day until Mr. Duncan explained that is the average price based on a one-week stay. He felt they are running a good operation, and he wished them luck. Councilwoman Koski thanked Mr. Duncan for doing a good job explaining the suites. She noticed a laundry room for the staff to do the laundry, and she also noticed a fitness room on the first floor. She inquired as to whether the fitness room is for guests. Mr. Duncan replied the fitness room is for the occupants of the hotel. He added they also have a guest laundry facility as well as a laundry area for staff. Councilwoman Koski inquired as to the capacity of the restaurant. Mr. Duncan replied the restaurant seats 92 people inside and an additional 16 people on the patio. He explained those coming to Regular City Council Meeting Tuesday, February 16, 2021 Page 24 dine in the restaurant walk up to the counter, place their order, receive a number that they take to a table and sit down, and the staff will bring their food out when ready. He replied to further inquiry that they will have between 40 to 50 employees. Councilwoman Koski liked the concept of the hotel and restaurant and felt it will be well-used. Councilman Yanez questioned whether the contractor jobs will be local or whether they have their own crew that travels the country to construct these buildings. Mr. Duncan replied the general contractor is a full-time position and is not always hired from the local area. He estimated that approximately eighty percent of the contractors are from within a twenty-mile radius. Councilman Yanez agreed that electric charging stations is something that the City should address, but he felt the market will determine when they will be needed. He pointed out if he has an electric car, he will seek out and stay at a hotel that has the charging stations. Mayor Pro-Tem Sierawski questioned how many employees run the hotel if the hotel is primarily full. Mr. Duncan replied the hotel runs with about eight full-time employees, which translates to fourteen to fifteen mixed part-time and full-time employees. Regular City Council Meeting Tuesday, February 16, 2021 Page 25 Mayor Pro-Tem Sierawski recalled Mr. Duncan referring to weekly rates. She inquired as to whether they also have monthly rates that brings it down a bit more. Mr. Duncan replied affirmatively, noting that is one of the ways they try to bring in people. Mayor Pro-Tem Sierawski stated she has traveled for work and has used facilities with the suites, which is nice. She has employees coming in to stay for months, so she appreciated the lower fees based on that lengthy stay. She questioned “university endowments”, a term brought up in the presentation. Mr. Duncan replied one of their business partners is a large fund comprised of big auto company pension funds and university endowment funds, and these are the people behind their products and their projects. He assured nothing nefarious would happen with supporters like that behind them. Mayor Pro-Tem Sierawski agreed this is a much more desirable use of the proposed site. She liked the synergy with the other developments in the area. She inquired as to whether there will be conference rooms in the hotel. Mr. Duncan replied no. Mayor Pro-Tem Sierawski urged them to consider it. She reiterated that this is a good use of the property. Regular City Council Meeting Tuesday, February 16, 2021 Page 26 Mayor Taylor stated Van Dyke has seen its share of great commercial developments, and it is great to see another hotel and a unique food operation coming in. He questioned whether there is anything stopping them from putting in electrical charging stations if they thought it was something from which their guests would benefit. Mr. Duncan replied that a lot of their decision on installation of charging stations would be based on cost benefit ratio, noting that electric charging stations are expensive. Mayor Taylor agreed with Councilman Yanez that the market will place the demand on charging stations, and he did not feel it is time for the City to require them when electric cars only comprise two to three percent of the automotive market. He felt when the time comes, hotels, restaurants, and stores will all be putting them in. 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 spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Special Meeting of January 26, 2021. B. To approve the minutes of the Regular Meeting of February 2, 2021. C. To approve payment of the bills as presented: General Fund - $785,116.85, Water & Sewer Fund - $4,212,636.89, Other Funds - $1,100,979.67, Total Checks - $6,098,733.41. D. RESOLVED, to approve the amendment to the City of Sterling Heights’ fiscal year 2019/2020 CDBG One-Year Action Plan that is Regular City Council Meeting Tuesday, February 16, 2021 Page 27 necessary to receive, allocate, and administer $589,751 of CDBG- CV3 grant funding.. E. RESOLVED, to approve final payment to Galui Construction, Inc., 33805 Harper Avenue, Clinton Township, MI 48035, in the amount of $38,875.34, plus interest on retainage, for the 2019 Concrete Sectional Replacement Program, City Project #19-341, Kennedy Drive Reconstruction, City Project #19-338, and Fire Station No. 1 Drive Approach Reconstruction, City Project #19-346. F. RESOLVED, to approve the Short-Term Use and Parking Lot License Agreement between the city of Sterling Heights and Transform SHC Licensed Businesses LC, authorize the City Manager to sign the Agreement and any extensions on behalf of the City, subject to review and approval by the City Attorney, and approve a budget amendment to the General Fund for the cost of the license. G. RESOLVED, to adopt the resolution waiving the statutory penalty for failing to file a Property Transfer Affidavit following a transfer of ownership in real property pursuant to Section 27b of The General Property Tax Act, Public Act 206 of 1893. H. RESOLVED, to adopt the resolution establishing the schedule of City Council Workshops and Charter Public Hearing for the purpose of reviewing and acting upon the fiscal year 2021/22 proposed budget and to direct the City Clerk to provide the appropriate notice as required by Michigan’s Open Meetings Act. Yes: All. The motion carried. 9. CONSIDERATION A. Mayor Taylor stated this is to consider a request by Portillo’s Hot Dogs, LLC for a new Tavern license with Sunday Sales (AM) permit at 14425 Lakeside Circle, Sterling Heights, MI 48313. Mr. Steve Grobbel, Liquor Licensing Attorney for Portillo’s, explained Mr. Eric East, General Manager for the new Portillo’s, is also present this evening. He explained they are seeking approval of a Tavern License to allow them to serve beer and wine only. They are also requesting to use one of the City’s available Quota licenses. Mr. Grobbel informed this is Portillo’s first restaurant in Michigan, Regular City Council Meeting Tuesday, February 16, 2021 Page 28 and they currently operate sixty restaurants in six different states. He noted they are famous for their Italian Beef sandwiches, Chicago-style hot dogs, and their chocolate cake. Their grand opening is scheduled for March 16, and they are very excited to come to Sterling Heights and Michigan. They anticipate employing 120 people once they are open and running. He stated he and Mr. East are happy to answer questions. Mayor Taylor opened the floor for public comments, but no one spoke. Moved by Ziarko, seconded by Sierawski, RESOLVED, that the request for the issuance of a new Tavern license, with Sunday Sales (AM) permit, located at 14425 Lakeside Circle, Sterling Heights, MI 48313, Macomb County, to Portillo’s Hot Dog, LLC be considered for approval. Councilwoman Ziarko questioned the training the employees will have with regard to serving alcohol. Mr. Eric East, General Manager for the new Portillo’s in Sterling Heights, replied that their employees will be certified through the alcohol classes through the State of Michigan to be able to pour, and will have to be eighteen years of age to be able to ring it up and serve it. Everyone who will be in that station will have certification, and every manager in the restaurant will also be certified. Councilwoman Ziarko questioned whether Mr. East will be an active manager at that site. Mr. East replied affirmatively. He replied to further inquiry that they anticipate between 120 and 130 employees. Their capacity is 180, Regular City Council Meeting Tuesday, February 16, 2021 Page 29 and that does not include what they put through in their drive-thru. He explained that Portillo’s revenue is generated about 45 to 50 percent through the drive-thru, 15 to 20 percent through catering and on-line ordering delivery, and the remainder would be dine-in guests. He stressed they are very excited to bring this to Michigan. He explained that they have order-takers outside, customers can stay in their car to order and pay, and they will continue in the drive- thru line. When the order is complete, an employee will bring the food out to the car prior to the customer getting to the window. He stressed their goal is to take customer orders and get the food to them before they actually get to the window, although they hand out at the window as well. Councilwoman Ziarko stated she is very familiar with Portillo’s and that they take orders and ship as well. She inquired as to whether that is something they would be involved with from this site, or whether that is strictly done through corporate. Mr. East replied that is done through corporate, and they do not ship anything out of the restaurant other than pick up or local delivery. He explained they have the ability to get some of their foods cold, and customers can pick it up that way, complete with heating kits, utensils, and instructions as necessary on how to Regular City Council Meeting Tuesday, February 16, 2021 Page 30 replicate their product as they would get it inside the restaurant or at the drive-thru. Councilwoman Ziarko stated sometimes the City is hesitant to give away some of their Quota licenses, but since this is one of the areas for which they have chosen to save those licenses, Portillo’s is fortunate enough to get one. She wished them luck and indicated they should contact the City if there is anything else they need in the way of help. Mr. East is looking forward to having a great relationship with the City moving forward. Councilwoman Sierawski questioned how many restaurants Portillo’s owns. Mr. Grobbel replied there are 62 restaurants, with 40 of them located in Illinois and the other 20 in Indiana, Iowa, Minnesota, southern California, and Arizona. He replied to further inquiry he believes they are all corporate-owned. Councilwoman Sierawski inquired as to whether they will be serving craft beer or whether they have their own specific brand. Mr. Grobbel replied they have a fairly small selection, adding that alcohol sales for Portillo’s is generally less than one percent of their revenue. It is not a big factor, and they are more of a family-type restaurant, but they want to be able to offer it with their food. He Regular City Council Meeting Tuesday, February 16, 2021 Page 31 believed they have four beers, with one or two of those local craft beers. Mr. East replied they serve Miller Light, Coors Light, and Shorts. Mr. Grobbel added that they also have a small wine selection. Councilwoman Schmidt inquired as to whether they can pay cash at the drive-thru. Mr. Grobbel replied they accept credit cards, gift cards, and cash. When orders are placed outside with their order-takers, they pay them at the time the order is placed. They will then run the food back out to the car when it is ready. Mr. East replied to inquiry that the beer and wine is strictly for dine- in only and is not available at the drive-thru window. Councilman Radtke stated he is excited to see Portillo’s coming to Sterling Heights and is excited to try their product, but he felt giving them a Quota license seems like a waste. He pointed out that with approximately only 25 percent of their revenue generated from indoor service, and less than 1 percent generated from liquor sales, he supports their restaurant but not the Quota license transfer, adding that these licenses are few and far between and he felt they need to hold on to them for projects that would fully utilize them. Councilwoman Koski understands the alcohol is ordered by indoor diners when their order is placed; however, the backup documentation indicates Regular City Council Meeting Tuesday, February 16, 2021 Page 32 there is no food or alcohol service at dining tables. She requested clarification as to how the alcohol is served. Mr. East confirmed that for those dining inside, they place their food and beverages order, pay for it, and move to another area. If they are purchasing a beer or wine, that is a separate area from where their food order comes out. They seat themselves at an available table, so there are no servers serving the product. They have the ability to go to the area that serves the beer/wine and purchase it at that location, pay for it, and not have to go back through the other line. Mr. East replied to further inquiry that is the location where ID is checked. Mayor Taylor questioned how many of the 62 Portillo’s restaurant locations have liquor licenses. Mr. Grobbel replied he believes 60 of the 62 locations have liquor licenses, but they are all Tavern licenses for beer and wine. Mayor Taylor stated he shares some of the same concerns as Councilman Radtke, but there is a lot to like about Portillo’s coming to this community. He recalled that this would be the third quota license granted since he has been on the Council, which has been twelve years. He is confident that this one would work out, and he is confident it will do very well. He is inclined to vote yes, adding that beer and wine seem to be part of the experience that Portillo’s wants to provide for their indoor dining customers. He understands they do not want to go to the open market and pay between Regular City Council Meeting Tuesday, February 16, 2021 Page 33 $30,000 to $50,000 for it. He questioned how important it is to their business. Mr. Grobbel replied virtually all of their restaurants have this license, so that is an indication of how important it is to the brand. Portillo’s has indicated to him that their experience and customer reaction to their menu is what has led them to seek these liquor licenses. Enough of their customers have expressed they want the opportunity to have a beer or glass of wine with their dinner. He replied to further inquiry that there are plans to open up Portillo’s in other areas of Michigan but he has not heard about any specific locations in metro Detroit. Mayor Taylor is excited to have the first Portillo’s restaurant in Michigan, and he wished him well. Councilwoman Koski questioned, with no waitresses serving tables, how they will prevent a child from sipping on his/her dad’s beer. Mr. Grobbel replied they will be depending upon the mom and dad to make sure their child is not drinking. He assured their staff is all safe-serve-trained so they know about serving underage or intoxicated people. He assured if their employees are cleaning up and observe that situation, they will know enough to report that to a supervisor who could take the appropriate steps. Regular City Council Meeting Tuesday, February 16, 2021 Page 34 Councilwoman Koski inquired as to whether they have ever received a violation. Mr. Grobbel replied he does not know the answer, but he knows they view liquor licenses as a privilege and not a right, so they take the responsibility seriously. Councilwoman Koski explained they treat their liquor licenses like they are gold, so they want to make sure whoever it goes to will treat it properly. Mr. Grobbel assured Portillo’s is grateful for this opportunity and have made a significant investment of $4.8 million for this facility in Sterling Heights. He stressed they are determined to succeed and “do this right”, and he felt the City will be happy and proud to have them in the community. He understood the value of the City’s quota licenses and assured it will not be wasted. Mr. East assured the level of oversight they provide with their leadership includes coverage of the dining areas on a regular basis by both management and all of their employees, not only for service of alcohol and proper consumption, but for guest service, cleanliness, sanitation, organization, etc. He added the corporation relies on him to maintain that level of quality in their operation, and that is the commitment he and his management team relish and look forward to. Regular City Council Meeting Tuesday, February 16, 2021 Page 35 Councilwoman Koski stated they will be very busy, but she is relying on him to oversee the dining area to make sure there is no underage drinking. Councilwoman Ziarko questioned the breakdown of their investment. Mr. Grobbel replied the investments include approximately $3.7 million for the building, $1.1 million for furniture and lighting, and $43,000 in inventory, so it has been $4.8 million plus to date. Councilwoman Ziarko noted Mayor Taylor mentioned the City does not issue quota licenses very often, and for ten years they have a liquor license out there for a project that has never been completed. This is a company that has invested $4.8 million and they know they have already made an investment in the community and want to be successful. She felt the City should do everything they can to make sure they are successful. She appreciated their investment. She asked Mr. Kaszubski if they this agreement will contain the clause that the City will get the quota license back if this business closes within the next five years. Mr. Kaszubski replied there are provisions that if the business were to leave within five years, the liquor license would be returned back to the City as part of their quota. That is the standard provision they put into the agreement. Councilman Radtke clarified that he is in favor of Portillo’s having a liquor license, but he is opposed to using one of the City’s quota licenses to do it. He commented that the City is lacking in a lot of high-end restaurants or Regular City Council Meeting Tuesday, February 16, 2021 Page 36 restaurants that attract the business lunch crowd, and he felt this quota license may be golden for that use. He felt they can afford the $45,000 or $50,000 for a liquor license, so he could not see granting this quota license to them. Mayor Taylor has been to several Portillo’s restaurants in the Chicago area, and he felt they have a similar set-up to Fuddruckers, where customers walk up, order, pay, sit down, and come up to pick up their food. He felt it is a family restaurant, and people “wanting a buzz” do not go to Portillo’s, so he did not believe the alcohol will be a problem. He is excited that they are making this significant investment, and he pointed out the City has been saving these quota licenses for significant projects and investments, and he feels this is one of those investments, so he will be voting in favor of the motion. Yes: 6-1 (Councilman Radtke voted no). The motion carried. B. Mayor Taylor stated this is to consider appointments to City of Sterling Heights commUNITY Alliance Commission. He opened the floor for comments from the public, but no one spoke. Mayor Taylor stated this is for a newly-created board so there are seven vacancies with three different term ending dates. There are two with a term ending June 30, 2022, three with a term ending June 30, 2023, and two with a term ending June 30, 2024. He explained there were about forty applicants, and he added it was a pleasure reading through their Regular City Council Meeting Tuesday, February 16, 2021 Page 37 applications. It was great to see all of the interest and support for this board. Moved by Schmidt, seconded by Radtke, RESOLVED, to appoint Sara Itoh and Ricardo Harris to the Sterling Heights commUNITY Alliance Commission to terms ending June 30, 2022, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilwoman Schmidt stated she has had the pleasure of knowing Ms. Itoh, a phenomenal young lady who grew up in this city and had reached out to her because she is a Downs Syndrome resident who has become a strong advocate for that community. She is very passionate and was in the marching band at Sterling Heights High School. She is excited to have her on board and is looking forward to seeing what this commission will do. Yes: All. The motion carried. Moved by Radtke, seconded by Taylor, RESOLVED, to appoint Stacy Bahri, Nakia Powell-Thomas, and Lea Mitchell to the commUNITY Alliance Commission to terms ending June 30, 2023, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Radtke was very impressed by the packets put together by Community Relations. He stated he knows Ms. Bahri, who is very active in the community and does a lot of work for the Chaldean Community Foundation. He felt they will all be an essential part of the commission, and he looks forward to working with them. Yes: All. The motion carried. Moved by Sierawski, seconded by Taylor, RESOLVED, to appoint Piedad Mantinan to the commUNITY Alliance Commission to a term ending June Regular City Council Meeting Tuesday, February 16, 2021 Page 38 30, 2024, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Mayor Pro-Tem Sierawski stated she has known Ms. Mantinan for thirty years, and she is a nurse at Beaumont who came from Spain. She felt her point of view will be interesting, adding she is a senior and very fascinating single-mom nurse. She felt she will bring great ideas to the commission. Mayor Taylor commented that all of the applicants had interesting things to say and were deserving of a position, but he noted that the City Administration went through and made some recommendations. He asked Community Relations Director Melanie Davis to speak to why certain individuals were recommended while others were not. Community Relations Director Melanie Davis replied that they were looking to create a group made up of individuals that had one or both of the following: 1) They have special training through their job or education that lends itself to this type of commission where they can speak to issues of diversity, inclusion, and unification of the community, or that their job provides them resources that would be helpful to this group; and/or 2) They exhibit a tremendous amount of passion for and commitment to the mission and goals of this group; and/or 3) They have actual experience as a member of a group that this commission would be addressing. She cited the example of Ms. Itoh who is a Down’s Syndrome adult living in the City and can speak from personal experience what it is like to be a person with a disability living in this community, and she can advocate for that. Regular City Council Meeting Tuesday, February 16, 2021 Page 39 Mayor Taylor appreciated the explanation from Ms. Davis. He stated he had two others he would really like to see nominated to this Commission as well, so although he seconded the motion, he indicated he is going to vote no because he would like the other two candidates he mentioned to get the appointment. Yes: Yanez, Koski, Radtke, Schmidt, Sierawski. No: Ziarko, Taylor. The motion carried. Moved by Ziarko, seconded by Schmidt, RESOLVED, to appoint Tim Doppel to the commUNITY Alliance Commission 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: 6-1 (Councilman Radtke voted no). The motion carried. C. Mayor Taylor stated this is to consider a nomination to the City of Sterling Heights Board of Review. He opened the floor for comments from the public, but no one spoke. Moved by Sierawski, seconded by Radtke, RESOLVED, to: A. Acknowledge and accept the withdrawal by nominee Laura Robinson from consideration for appointment to the Board of Review; and B. Nominate Mark Magni for consideration as an appointee to the Board of Review at the March 2, 2021 regular City Council meeting. Yes: All. The motion carried. 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from citizens. • Charles Jefferson – questioned Phase 1 and Phase 2 map for snow removal; questioned whether they can get a Covid vaccine location in the south end of the City; questioned shelters available where less fortunate people can go in these extreme cold temperatures. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Regular City Council Meeting Tuesday, February 16, 2021 Page 40 Mr. Vanderpool addressed the question of the snow removal map in place. He explained they are using Map A during this snow emergency, but the maps are rotated each snow emergency. The community is divided into two phases, and he noted that on Map A, which is on their website now, Phase 1 is the green areas and they are being cleared first. Phase 1 should be completed by early tomorrow morning, and they will then move on to Phase 2. The phases will then flip for the next snow emergency, so everyone gets a chance to have their streets plowed first. He indicated they should be through Phase 2 by early Thursday morning, so all snow removal will be complete within 36 to 48 hours, which is the goal they set for each snow emergency. They focus on the sidewalks once the streets are cleared. Councilwoman Sierawski commented that Covid-19 numbers are going down, but she urged residents to get vaccinated and remain vigilant on wearing masks, maintaining social distancing, and avoiding large gatherings. Councilman Radtke stated he has been giving a lot of thought to the recent Strategic Planning Session, which was a wonderful meeting, and one of the items discussed was the Election Center and how they need more space. He stated Fillmore Elementary School is vacant, and he understands that the school district is willing to sell it to the City for the right price. He believed the City could purchase this building and use it as an Election Center, as well as a recreational center. He felt it is in the City’s best interest Regular City Council Meeting Tuesday, February 16, 2021 Page 41 to think about that property. He added there are not a lot of park facilities available to the residents in that area, and he felt this would be another opportunity to improve the system. He urged Administration to consider it. Councilwoman Schmidt addressed the number of members on the commUNITY Alliance Commission, and questioned Mr. Kaszubski as to what they would do in the future if they would like to increase the membership to nine members rather than seven. Mr. Kaszubski replied if the Council gives direction to Administration to amend the ordinance to add positions to that commission, they could do that at any time. Councilwoman Schmidt clarified that she is not ready to do that but it is good to know that is an option in the future. Councilman Yanez appreciated the residents who step up to sit on committees and commissions. He thanked Interim Fire Chief Ed Miller and his staff for the great work they did getting the City closer to an ISO Class 1 rating. He also felt the work they did on the Covid vaccines is remarkable. He also commended Mr. McLeod, the Planning Commission, and the Sustainability Commission for working on the tree ordinance. He felt these are all things that show why Sterling Heights is the quality city that it is. Councilman Yanez questioned why people are not taking their vehicles off the street during a snow emergency when there is so much Regular City Council Meeting Tuesday, February 16, 2021 Page 42 communication going out about the emergency. He questioned the amount of the tickets. Mr. Vanderpool replied the tickets involve a $25 fine. Councilman Yanez stated the vehicles get in the way of those trying to clear the snow off the streets. He felt it is important for the City to find out why these people are not moving their vehicles, and whether it is a matter of them not knowing about the ordinance, and whether these are the same people. Councilwoman Ziarko stressed it is so important to get the vehicles off the street so the streets can be cleared and emergency vehicles can get through. She questioned whether they have a scale where the fine is graduated for second and third offenses. Mr. Vanderpool replied affirmatively, with the second ticket fine being $100 and the third is $125. He stated in most cases, these are not habitual offenders. He stressed this is a very large city with 40,000 properties, so if 400 tickets are issued, that is still 99 percent compliance. He noted that the vast majority of residents are compliant, and he did not feel it would be realistic for them to reach 100 percent compliance. They have had to tow vehicles in some instances, so it is enforced and most people know about it. He reiterated they communicated to 25,000 people through direct text or email messages, and to over 50,000 people who follow the City on Facebook, so communication is better than it has ever been. Regular City Council Meeting Tuesday, February 16, 2021 Page 43 Councilwoman Ziarko stated people need to know they are responsible for clearing their sidewalks, and that means those that are possibly on the side of their house. She urged those who can help their neighbors to do so. Councilwoman Koski stated she received a phone call this morning from a resident who asked if the City could make people move their cars off the road, because she got stuck in her street. She suggested that if someone has more cars than room in their driveway, they could possibly ask a neighbor if they can park their car in that neighbor’s driveway for the night. Mr. Vanderpool stated it is difficult to knock on every door and ask people to move their cars. He indicated they have ten to twelve employees out enforcing the parking ban. He noted that City Council can consider increasing the fines for the tickets, but he explained they lowered it from $75 down to $25, which is very low. The City continues to promote the restriction by getting the word out on social media, but they have been promoting this for years. He commented that they have about the same number of violators in each snow emergency, but they are not necessarily the same people. Councilwoman Koski suggested they increase the fine. She mentioned the recent census count and questioned how many people are now living in Sterling Heights. Clerk Melanie Ryska replied she does not believe that the count numbers have not yet been confirmed. Regular City Council Meeting Tuesday, February 16, 2021 Page 44 Mr. Vanderpool stated they were originally going to announce the numbers in March; however, they are now talking about delaying the release of the results for six months. He replied to further inquiry that SEMCOG is now predicting that Sterling Heights will be the third largest city in the State of Michigan. Mayor Taylor agreed with Mr. Vanderpool on the ticketing situation, adding that he does not believe they will ever reach 100 percent compliance. He noted that the average 500 tickets issued per snow emergency may not actually account for all of the violators, but that may be the capacity of what their code enforcement officers can handle. He is not sold on increasing the fine, adding that it was lowered several years ago because a number of people complained that they did not know about the ordinance, and they felt $75 was a lot of money for a first offense. He did not believe that people are violating the ordinance because they feel “the fine is only $25.” He commended the DPW workers for all of the hard work they are doing, working in 16-hour shifts to make sure the roads are cleared as quickly as possible. 12. UNFINISHED BUSINESS There was no unfinished business. 13. NEW BUSINESS There was no new business. 14. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there are no items this evening. 15. ADJOURN Regular City Council Meeting Tuesday, February 16, 2021 Page 45 Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried and the meeting was adjourned at 9:53 p.m. MELANIE D. RYSKA, City Clerk