City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL WEDNESDAY, AUGUST 4, 2021 IN CITY HALL 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 he has only one item on his report, in response to a request by City Council at their last meeting for an update to be provided on traffic enforcement efforts throughout the city. He stated there is an ongoing problem in communities of speeding in neighborhoods and disregard for traffic laws. He invited Police Chief Dale Dwojakowski to provide an update on all traffic enforcement measures that are currently underway in Sterling Heights and to look at some measures that are planned for the future. Police Chief Dale Dwojakowski provided information on what they do in the Police Department as far as speed and traffic enforcement. He acknowledged they have Regular City Council Meeting Wednesday, August 4, 2021 Page 2 seen an increase in the number of complaints about speeding cars, as well as reckless and distracted driving, and he explained they have seen bad driving increase in 2020 during Covid, attributed to fewer cars and more open roadway. He stressed they need to change that behavior, which comes through enforcement activity and action. He introduced Traffic Lieutenant David Allen to explain the process and tools used. Lt. David Allen explained how complaints can be made, and how they are handled once received. Complaints can be sent through an email link available on www.sterling-heights.net, through phone calls to the Traffic Bureau at (586) 446- 2920, or through the online portal, “See Click Fix.” He assured they pride themselves on transparency and customer service so they try to address these complaints within a relatively quick timeframe. Officers are sent out multiple times to verify whether the complaint is valid, and if it is, enforcement action will be taken, or possibly a warning will be given to the violator to correct the matter. Requests are taken for their speed trailers and speed signs, and there is a new option for completing a Traffic Complaint Form, available through a link on the City’s website. He ensured this enhances the accessibility and capability for someone to make a complaint. Lt. Allen provided traffic accident statistics from 2018 to date to compare the data from Sterling Heights with the data from the State of Michigan. The trend showed a dip in the number of accidents in 2020, mainly attributed to COVID and less traffic on the roadway. He added that it appears 2021 is trending to be slightly Regular City Council Meeting Wednesday, August 4, 2021 Page 3 higher than 2020 although possibly a little lower than 2018 and 2019, mainly because the first few months of this year were also affected by COVID. He also compared the data for the serious injury accidents, noting that the rate in this category was approximately the same in 2020 as it was in 2018 and 2019, and this may have been caused by motorists having more open roadway to speed and feel comfortable with distracted driving. He added that COVID has caused a serious amount of depression and isolation, resulting in more drunk driving and drug abuse. When looking at the numbers for Sterling Heights, they trended much lower than the State’s statistics, and when comparing that to the number of serious injury accidents, it has been consistently trending down in Sterling Heights, totaling less than one percent of accidents equating to serious injury accidents. These are good indicators that they are taking measures, whether it is through engineering, planning, or police enforcement, to help keep traffic safety at a high level. He outlined some of the measures they have taken to help create traffic-calming scenarios, including two speed trailers, which reflect the speed of the approaching motorists and slow down traffic. They are generally used from late April through late September or October because weather is a factor in the use of these trailers. They also have two speed signs, which are attached to speed limit signs, and they act in much the same way as the trailers, reflecting the speed of the approaching motorists. These provide real-time data, so they can log in on the computer and see what is happening hour-by-hour with traffic and the trends. These tools curb speeds because motorists tend to slow down when they see Regular City Council Meeting Wednesday, August 4, 2021 Page 4 them, but it actually collects the data before they know it is being collected, so it takes their speed before they reach the sign and slow down. It compiles the data and provides helpful information on traffic trends in the area. They have a Traffic Data Collector (TDC), which is more discreet and incognito, but acts similar to the speed signs and has the capability of running radar through the plastic cover to collect the same data as the speed sign. He explained they are looking at the possibility of speed humps in neighborhoods, currently being used in other communities, to see if it is feasible. They would need to collaborate with DPW as far as putting them out and storing them, and with the Fire Department to determine the effects on their apparatus. They have talked about engineering on some of the major thoroughfares, looking at the cost, signage required, and considering a pilot program. Lt. Allen stated another method they are using is the campaign they initiated this summer called “Slow Your Roll,” primarily dedicated to Ryan Road, between 14 Mile and 18 Mile Roads, as well as along Metropolitan Parkway. He added that both of these thoroughfares, which by their nature are long straight-aways and do not have a lot of traffic lights, have had a high volume of complaints and they are trying to slow people down. They have had over one hundred stops in the brief time this campaign has been in effect, and they have issued over 75 violations, with over half of those for speeding. They have had a lot of positive feedback from residents who say they are already seeing a difference. He explained they facilitate three officers and one sergeant to that detail, and their only task is to observe for speeding, reckless driving, and any other moving or non- Regular City Council Meeting Wednesday, August 4, 2021 Page 5 moving violations in those specific areas. He felt as they go through the summer with this program, they will need to assess as to whether this is something they may continue in these areas. Chief Dwojakowski stated their future plans including monthly monitoring of current traffic enforcement for road officers and traffic officers. He indicated the “Slow Your Roll” campaign will continue, and although it may not be on Ryan and 16 Mile Road, they will pick high-profile streets for which they have received many complaints. He added that, with the seven new officers approved for hire in early 2022, five of those seven positions will be assigned to a special directed patrol unit, and a portion of every day will be spent in subdivisions where they are highly visible. He invited Captain Ken Pappas to talk about their new Transparency Dashboard, which is a new feature that will be on the website for their residents. Captain Ken Pappas explained Chief Dwojakowski wanted to incorporate the Transparency Dashboard about two years ago and met with the developer, who has developed it in other cities. The price at that time was very high, and in collaborating with police chiefs in surrounding communities to see if they could do this as a group, Chief Dwojakowski was successful in getting the communities of Chesterfield, New Baltimore, Clinton Township, and the County Sheriff’s Department to pool together and team up with their software provider, Tyler Technologies, to come up with a discounted price. He explained the details of the Transparency Dashboard, which will be a portal on the City’s website, where they will be able to review citations, arrests, training, use of force, complaints, pursuits, Regular City Council Meeting Wednesday, August 4, 2021 Page 6 and calls of service. They will use the program internally to make some of their recording paperless. He provided details on the categories of calls for service, and he compared it to what they are using in the City of Westland. He added the City’s Transparency Dashboard is not yet up and running, but they are scheduled for a soft open on Monday morning and hope to go live to the public in mid- September. He also reviewed the Citizen’s Complaints, Ticket Totals, and Use of Force categories, explaining how they are broken down. The dashboard will be universal with the other four cities that are joining in. These will also provide breakdown of race, gender, and age, and for Use of Force, it will also include the reason for the use of force. They will also include total number of arrests by race, gender and age to show the total number of arrests in comparison to how many times they have actually had to use force. He noted that in an average year, they make 4,000 arrests, and forty of those may be use of force, which is a very slim number. They will also include their pursuits, as well as the reason for the pursuits and how they ended. Trainings will be documented, and he stressed how paperless handling is so much timelier and expedient. Chief Dwojakowski reiterated this presentation tonight was to explain how they handle their traffic complaints and what they are doing moving forward. He added the Transparency Dashboard will show the residents what their Police Department does every single day. Mr. Vanderpool hoped this information was helpful to Council, and he added they will be glad to answer questions. He stated this concludes his report. Regular City Council Meeting Wednesday, August 4, 2021 Page 7 Mayor Taylor thanked Chief Dwojakowski and his department for these presentations, and he is looking forward to seeing the implementation of their plans. 6. PRESENTATIONS A. Mayor Taylor stated they were scheduled to have a swearing-in ceremony this evening for a new Sterling Heights Firefighter, but they will postpone it to another night. B. Mayor Taylor stated this is to recognize and congratulate the members of the victorious Sterling Heights Fire Department team for capturing Fastest Firefighter Team award at the 2021 American Lung Association Fight for Air competition. He invited Fire Chief Kevin Edmond and Ms. Maureen Rovas, Executive Director of the American Lung Association of Michigan, to give a presentation. Fire Chief Kevin Edmond introduced Ms. Maureen Rovas, who is here to present the Sterling Heights Climb Team the first-place award, and he thanked and introduced the members of that team, including Captain John Farah, Lieutenant Jason Myers, Lieutenant Mike Taylor, and Firefighter Jonathan Feil. He added that at the end of Ms. Rovas’ presentation, he would like to present the members of the Fire Department with the Chief’s Awards. He also presented Mike Taylor’s sons, Danny and Jack Taylor, with the Exceptional Citizen’s Award because they participated and helped this team get first place. Executive Director Maureen Rovas stated she is joined with her partners from Preferred Financial, who, together with Lifeline Firehose, are co-presenting Regular City Council Meeting Wednesday, August 4, 2021 Page 8 sponsors for this annual Firefighter Challenge, which is a yearly competition and part of their Fight for Air Climb Detroit event. It typically takes place in a skyscraper in Downtown Detroit, but because of COVID, it was held outdoors this year at Comerica Park. This event raises awareness and funds their efforts to end lung cancer and lung disease, as well as supports the American Lung Association’s COVID-19 Action Initiative. She noted that firefighters have an increased susceptibility to lung disease and lung cancer because of their exposure to gases and smoke in the line of duty. She also commended the Sterling Heights firefighters for playing an important role in the COVID-19 vaccination distribution. Ms. Rovas explained the details of the firefighter competition, noting they are climbing more than 2,000 steps in full gear which often weighs over sixty pounds. She invited representatives from Preferred Financial Partners to say a few words. Preferred Financial Partners President Colleen Schueneman felt the City should be extremely proud of their team’s commitment and determination. She stressed the venue was extremely difficult this year, especially considering this was the hottest day of the year, and it is the heroes who fight not only every single day to save lives, but also providing this opportunity to help not only the families of those who have passed but others dealing with lung disease. She thanked all of the team members. Ms. Rovas recognized the Sterling Heights Fire Department for their continued support of the mission of the American Lung Association, and for earning the fastest team challenge of their top three climbers. She presented them with the Regular City Council Meeting Wednesday, August 4, 2021 Page 9 traveling trophy. She also thanked the team and all who supported them, crediting them for being among the top five fire departments across the state in their fundraising, adding this small but mighty team raised more than $3,700 to support the mission of the American Lung Association. Fire Chief Edmond expressed his pride in this team and presented the individual awards. Lieutenant Michael Taylor stated he is glad he had the opportunity to do this with his two sons, adding that his youngest son wanted to go with him about two years ago, and that is how he got started. He got his older brother interested, and now it is a family tradition. Moved by Sierawski, seconded by Schmidt, RESOLVED, to recognize and congratulate Captain John Farrah, Lieutenant Jason Myers, Lieutenant Michael Taylor, and Firefighter Jonathan Feil for capturing Fastest Firefighter Team Award at the 2021 American Lung Association Fight for Air competition. Mayor Pro-Tem Sierawski stated she has a nephew who was diagnosed with a rare form of lung cancer when he was 27 years old, but he is now doing well, has been married for fifteen years and has two sons. She thanked the American Lung Association for helping him and others. Councilman Radtke commented that this is a testament to the number one fire department in the State. He felt this award shows how well they train to protect their residents, and he thanked them for their work. Councilwoman Ziarko commended Lt. Taylor for providing his own “farm system” to try to get young people interested in being a firefighter or police officer. He Regular City Council Meeting Wednesday, August 4, 2021 Page 10 hoped Lt. Taylor’s sons share the interest of firefighting and may one day pursue that path here in Sterling Heights. Councilman Yanez congratulated the team for their hard work, especially on hot days. He also acknowledged Lt. Taylor’s wife for her support. Councilwoman Koski expressed her pride and stated she cannot imagine climbing all of those stairs and with the weight of having their full equipment on. She thanked them for what they do every day and for their fundraising efforts for the American Lung Association. Councilwoman Schmidt appreciated the hard work of this team and what they endured in the heat at Comerica Park that day. She acknowledged their training every day to keep everyone safe, and she expressed her thanks. Mayor Taylor thanked the team for what they do to represent the City of Sterling Heights, whether it is saving lives or raising money to save lives. He added that the City is fortunate to have such a tremendous fire department. Yes: All. The motion carried. 7. 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 Regular Meeting of July 20, 2021. B. To approve payment of the bills as presented: General Fund - $790,066.93, Water & Sewer Fund - $1,856,739.67, Other Funds - $2,594,501.98, Total Checks - $5,241,308.58. C. RESOLVED, to purchase Sport Courts PowerGame outdoor surfacing tiles and basketball accessories, including installation services and delivery, from Superior Sports Unlimited, Inc., 1250 N. Opdyke Road, Auburn Hills, Regular City Council Meeting Wednesday, August 4, 2021 Page 11 MI 48326, at unit prices available through a Sourcewell cooperative purchasing contract, #060518-CSC, in the cumulative amount of $25,556.20. D. RESOLVED, to approve the Service Agreement for Set-Up, Implementation, and Subscription to StackMap Collection Mapping Software between the City of Sterling Heights and StackMap, Inc., 509 Pacific Street, Unit 207, Santa Monica, CA 90405, for a three-year period and authorize the City Manager to sign the Agreement on behalf of the city, including any extensions of its term. E. RESOLVED, to accept the proposal by DEQ Property Services, LLC, 67200 Van Dyke, Suite 201, Washington, MI 48095, for snow removal services at municipal sites through May 1, 2022, and authorize the City Manager to extend the terms and conditions of the proposal for two (2) additional one- year periods, upon mutual consent. F. RESOLVED, to purchase the HiScan 6040i single x-ray inspection system, including accessories, shipping and operator orientation, from Smiths Detection Group, Ltd., 2202 Lakeside Blvd., Edgewood, MD 21040, at pricing available through a General Services Administration cooperative purchasing contract, #GS-07F-081-DA, in the amount of $23,939.46. G. RESOLVED, to approve the enterprise master service agreement between the City of Sterling Heights and Everstream Solutions LLC, 1228 Euclid Ave., Suite 250, Cleveland, OH 44115 and authorize the City Manager to sign all documents required in conjunction with this approval. H. RESOLVED, to approve the Independent Contractor Agreement between the City of Sterling Heights and Maria Marino, d/b/a Fitness Pros, 54533 Flamingo, Shelby Twp., MI 48315, in accordance with City Code §2-227(A) and authorize the City Manager to sign the Agreement and any extension on the same terms and conditions. I. RESOLVED, to designate Barbara A. Ziarko as the voting delegate for the City of Sterling Heights at the Annual Convention of the Michigan Municipal League to be held September 22-24, 2021. J. RESOLVED, to suspend Governing Body Rule of Procedure No. 2 and hold the second regular meeting of the Sterling Heights City Council in September 2021 on Monday, September 20, 2021 at 7:00 p.m., and direct the City Clerk to provide the appropriate notice as required by Michigan’s Open Meetings Act. K. RESOLVED, to adopt the resolution to transfer the administration of birth certificate vital records from the Office of the City Clerk to the Macomb County Clerk. Yes: All. The motion carried. 8. CONSIDERATION Regular City Council Meeting Wednesday, August 4, 2021 Page 12 A. Mayor Taylor stated this is to consider approval of a collective bargaining agreement between the City of Sterling Heights and Sterling Heights Police Officers Association/Michigan Association of Police for the period of July 1, 2021, to June 30, 2024. He invited City Manager Mark Vanderpool to give a presentation. Mr. Vanderpool stated the subject collective bargaining agreement is before Council this evening, which has been through a lengthy negotiation process between the City and the union membership, and it has now been ratified by the union membership. He briefly highlighted some of the key provisions of the agreement, noting it is a three-year agreement from July 1, 2021 through June 30, 2024, and includes wage increases of 2 percent for the first year, a 2.5 percent increase for the second year, and a 3 percent increase the third year, which is consistent with what they are seeing in other communities. He noted that regarding pension for members hired after September 17, 2012, they will have a 2.5-percent multiplier applicable to their earned service dates from their date of hire, with the actuarially-determined cost of this benefit is offset entirely by an increased contribution from the Police Officers to the Pension Fund, which is being increased to 10 percent of their pensionable wages. For health savings, members hired after June 30, 2013 will realize an increase in the City’s contribution to their retirement health savings accounts of $500 per year, but he stressed these officers have no retiree health care benefits. There is an increased contribution to the health savings account, and all members contributing to their health savings account will be eligible for a matching contribution from the City up to $600 for Regular City Council Meeting Wednesday, August 4, 2021 Page 13 single medical coverage, and up to $800 for two-person/family medical coverage. He reviewed increases in the educational allowances, although the majority of the department has higher education degrees, so there are only twenty-five individuals for which this benefit may be applicable. They are also increasing the Educational Assistance Program, which is available to all employees. He reviewed benefit increases in life insurance policies but pointed out the City is self-insured for this benefit so it is very cost-effective. He summarized the increase in the optical reimbursement benefit, and the bereavement leave has been updated to be consistent with the City’s other agreements. He also explained that the residency requirement is being changed, and the defined area is being modified to include the entire geographic boundary of the five counties that currently lie within twenty miles of the City. Mr. Vanderpool stated all other monetary benefits in the collective bargaining agreement remain as is with the expiring agreement, and he acknowledged the outstanding collaborative spirit exhibited by the Michigan Association of Police, Sterling Heights Police Officers Association, Assistant City Manager Jeff Bahorski, and the City’s Labor Attorney Greg Schultz throughout the bargaining process that enabled both parties to reach the agreement. He respectfully requested that the Mayor and City Council approve the collective bargaining agreement, and he offered to address questions. Mayor Taylor opened the floor for public comments. • Jon Mathews – pleased it was an amenable agreement; questioned Article 5 Section 2, which allows people to “contribute voluntary service fee equivalent to monthly membership dues but not being a member of the Regular City Council Meeting Wednesday, August 4, 2021 Page 14 association;” could not understand why they would not be a member if they are paying; felt three-year agreement is a good length of time. Moved by Ziarko, seconded by Yanez, RESOLVED, to approve the collective bargaining agreement between the City of Sterling Heights and Sterling Heights Police Officers Association/ Michigan Association of Police for the period of July 1, 2021 to June 30, 2024, and authorize the Mayor and City Clerk to sign all documents in conjunction with this approval. Councilwoman Ziarko asked Mr. Vanderpool if he could answer the question raised by Mr. Matthews. Mr. Vanderpool replied he would first like to confer with the HR Director to make sure he is correct on the details, and he will follow up by the end of the week. Councilwoman Ziarko is pleased when they can bring two sides together, and she is in favor of the agreement. Councilwoman Schmidt questioned the five counties included in the residency requirement. Mr. Vanderpool replied it is Macomb, St. Clair, Wayne, Livingston, and Oakland Counties. Yes: All. The motion carried. B. Mayor Taylor stated this is to consider approval of a Cost Sharing Agreement between the Macomb County Department of Roads, City of Sterling Heights, and City of Warren for the reconstruction of Mound Road (Innovate Mound), from I-696 to M-59. He invited Mr. Vanderpool to give a presentation. Mr. Vanderpool invited City Engineer Brent Bashaw to talk about this agreement. City Engineer Brent Bashaw recapped the highlights talked about at the previous City Council meeting. He noted many of the project details were presented at that Regular City Council Meeting Wednesday, August 4, 2021 Page 15 time, and the conversation turned to the non-motorized plan. The continuous widened paved trail is included on the west side, but there was concern about the sidewalk plan for the east side of the roadway. The trail on the west side will be located in the greenbelt and will span the entire roadway from M-59 to I-696, which equates to six miles of paved trail in Sterling Heights, filling in 1.9 miles of sidewalk gap previously on the west side. He explained the west side of Mound Road was chosen for the trail location due to it being heavily developed as residential on that side, with commercial developments and many points of origin and/or destination for pedestrians or trail-users. The plan for the east side of Mound Road contained the construction of 1.1 mile of sidewalk at strategic locations. There are currently two miles of sidewalk on the east side of Mound Road, so the project as presented would have left 2.9 miles of sidewalk gap on the east side. Upon request and after numerous meetings and discussions, the Macomb County Department of Roads created a plan to fill in all of the sidewalk gaps on the east side of Mound Road from 14 Mile Road to 18 Mile Road. A commitment letter was recently submitted by Macomb County as a means to address the City’s concern and install additional sidewalk on the east side of Mound Road. He noted that the plan includes the installation of an additional 11,100 feet, or 2.1 miles, of sidewalk. He outlined the details of the plan, including the County’s design of the sidewalk and they will be working closely with DTE to ensure the proposed pole relocations allow for sidewalk construction and a safe clear zone. The County will include the work within the current design build Regular City Council Meeting Wednesday, August 4, 2021 Page 16 contract, which ensures the sidewalk will be constructed within the project timeline by the prime contractor. It also saves restoration cost and traffic control costs that would occur if this project were to take place at a later date. The County would identify the where additional easements and/or grading permits would be needed. They anticipate the majority of the sidewalk would fit within the current right-of-way, with the only parcels anticipated to need further easements or grading permits are where the turn lanes are located to enter the mile roads, and he outlined those locations. He explained the City would be responsible to fund the sidewalk, which is conservatively estimated at $443,000, although the County will commit to seek additional funding sources to offset the City’s commitment. He clarified the City has sufficient funding available to meet this obligation. The City will also be responsible to obtain the additional easements and/or grading permits that are found to be necessary within the final detail design. Mr. Bashaw summarized that the proposed work will create a continuous walk on the east side of Mound Road, between 14 Mile and 18 Mile Roads, increasing the amount of sidewalk on the east side within the project from 1.1 mile to 3.2 miles. He added that there is currently a continuous sidewalk on the east side of Mound Road between 19 Mile Road and M-59, so the only sidewalk gap that would remain after completion of this project would be 0.8 mile between 18 Mile Road and 19 Mile Road. It would increase the amount of sidewalk gaps filled in the City to 18.6 miles, including work that has been done over the last two years. He stated that, while the installation of sidewalk between 18 Mile and 19 Mile is not feasible at this time, Regular City Council Meeting Wednesday, August 4, 2021 Page 17 Macomb County has offered to aid in exploring for opportunities to fund this section of sidewalk in the future. He outlined why it is the least prioritized section of sidewalk along Mound Road, noting there are few points of origination or destination along this stretch, the east side is zoned and predominately developed as industrial. This section is the most expensive due to the bridge over the public drain and the geometry of the 18-1/2 Mile Road connector, so it would have the lowest benefit/cost ratio. Mr. Bashaw stated City Administration is recommending approval of this plan because the County’s participating cost for the six-mile path on the west side and the 1.1 miles of sidewalk on the east side is more than what they are doing in Warren, which makes their participation fair and reasonable. Additional sidewalk can be constructed within the prime contract and provide for seamless installation before the Innovate Mound project closes out. He noted the design builder is currently working on the city utility improvements and the cost share needs to be approved to provide a funding source for that work to continue. He added that approval of this agreement keeps the project on schedule. He thanked City Council for their direction, and thanked County representatives for working with the City to solidify this solution. Mr. Vanderpool emphasized the agreement assures there will be sidewalk from 14 Mile to 18 Mile, on the east side of Mound Road, as well as the entire length on the west side. He recognized Deputy County Executive John Paul Rea, as well as HNTB’s Senior Resident Engineer Steve Griffith, noting they have had many Regular City Council Meeting Wednesday, August 4, 2021 Page 18 meetings and discussions over this topic, and he is pleased they are at this point. He respectfully requested the Mayor’s and City Council’s approval. Mayor Taylor opened the floor for public comment. • Mike Gretel – questioned who pays for sidewalks; commented he had to pay for his sidewalk along 15 Mile Road; questioned whether the City will be reimbursed by the property owners after the sidewalk is installed. • Jon Matthews – concerned about timeline of the agreements and whether completion of sidewalks along east side of Mound Road was part of this project as of October 31, 2020; questioned Term Sheet on Page 263 of tonight’s agenda package and whether changes regarding sidewalks were made after that date; questioned whether the project is still on schedule or whether U.S. Department of Transportation could terminate the award. • Benjamin Orjada – thanked Council for pursuing the installation of sidewalk on the east side of Mound; questioned whether there was any consideration of pulling money from the greenery fund to go toward the sidewalk effort. Mayor Taylor noted that a motion made at the last meeting to postpone this is still on the floor, so they can bring it forward. He recalled Councilwoman Ziarko made that motion. Councilwoman Ziarko acknowledged that they have the backup information in their agenda packages, but she did not see a signature on the agreement. She questioned who will be signing off on it. She wants to ensure that everything agreed upon actually happens. She questioned Mr. Bashaw’s’ confidence in this agreement without a signature. Mr. Bashaw replied they have had these discussions over the last month, and they have put in some time and effort to get to this point, create the plan, and find a way to include this sidewalk within the parameters of the design/build contract. Regular City Council Meeting Wednesday, August 4, 2021 Page 19 He indicated they have a commitment letter, and although there is no signature, he is confident that they will come through with what is stated in their commitment letter. Councilwoman Ziarko questioned the recourse available to the City if the County does not follow up with their commitment as indicated in the unsigned letter. Mr. Vanderpool stated he would invite the County or HNTB to comment, but he assured the City has the letter highlighted by Mr. Bashaw in his presentation, and he is happy to distribute that letter to Council. He indicated the letter articulates the high points that were presented by Mr. Bashaw this evening. He assured this is all on the record and will be preserved with the record. Mr. Bashaw had indicated the design work has already commenced, so it is being designed as the project continues on. Deputy County Executive John Paul Rea thanked Mr. Vanderpool and Mr. Bashaw for their efforts. He assured this is a commitment from the Macomb County Department of Roads, along with their owner’s rep, HNTB, to integrate the priorities laid out this evening and discussed over the past three meetings with the Sterling Heights City Council, which involves integrating the sidewalk along the east side of Mound between 14 Mile and 18 Mile Roads. They will also explore opportunities between 18 Mile and 19 Mile Roads with the complexities they have crossing the Plumbrook Drain with the hydrology and necessary permits, and the complexities with the crossing at the 18-1/2 Mile Road connector. They will be integrating this into the scope of the project. He assured that, as discussed at Regular City Council Meeting Wednesday, August 4, 2021 Page 20 previous meetings, they will be “hunting down every single penny” they can find to support this initiative. There will be federal appropriations and they have additional requests, adding they are examining the elements of the jobs and infrastructure plan that will be brought down. They have opened conversations with SEMCOG and are looking at it not only for a transportation alternative perspective, but also additional pedestrian funding possibilities. He reiterated this is a commitment and it is why he is here this evening. Councilwoman Ziarko questioned whether this letter is the commitment they are getting from the Macomb County Department of Roads and HNTB. Mr. Rea replied that is a joint correspondence. Councilwoman Ziarko understood the funds they were granted was based on what they said they would like to do, which was sidewalks on both sides. She noted in discussion it was mentioned those funds could be revoked, and she does not want a four-mile-long sidewalk to draw millions of dollars away from this project. She emphasized that she wants to believe this is a commitment, but she admitted she often does not have faith in something without a signature. Mr. Rea replied to the question of the parameters of the award and grant funding, with the help of HNTB and also the guidance of the Macomb County Department of Roads, the Michigan Department of Transportation, and Macomb County Corporation Counsel, they have followed every single structured guidance of the design/build parameters to ensure the highest regard for all of those standards. The elements presented tonight have been discussed with City Administration, Regular City Council Meeting Wednesday, August 4, 2021 Page 21 the representatives at HNTB, and their own internal team at the Department of Roads to ensure it does not harm the funding and alter the course of the project. Councilwoman Ziarko stated she would like to hear from her colleagues but added that if Council is not comfortable with this, she mentioned she may have to withdraw her motion. She felt they all need to be comfortable. Mayor Taylor stated he trusts Mr. Rea and Mr. Hackel, and he does not feel they would put something in writing and then back out. He felt they have been working for a month on developing a plan that works, and although it may not be the best plan, it is better than what they had a month ago. He appreciates what everyone has done to work on this, and he felt the priority is between 14 Mile and 18 Mile Roads, which is something they are going to do as part of the Innovate Mound project. He is confident the County will do their best to get the additional funding, and they have an agreement. They have some time to talk about what they can do between 18 Mile and 19 Mile Roads. He assured he is comfortable with the representations made today as a result of a lot of hard work between the different stakeholders. He emphasized that the City partners with the County for many things, and he is willing and ready to vote yes on this tonight so they can move forward. He thanked Mr. Rea and HTNB for working on this, and he thanked Mr. Vanderpool for getting the Innovate Mound project started. He also thanked Mr. Hackel for getting the City in front of some very important people in Washington D.C. He thanked former Congressman Paul Mitchell for putting in a good word for this project, as well as Congressman Levin, both U.S. State Senators, Regular City Council Meeting Wednesday, August 4, 2021 Page 22 and Mayor Fouts and the City of Warren. He stressed the incredible team effort to get this done, and he felt they are at the finish line. Councilman Yanez inquired as to where they will get the $443,000 to pay for the sidewalks on the east side of Mound. Mr. Vanderpool replied they are getting $18.6 million in American Rescue Relief funding, and they are going through the process to allocate that funding. They have tentatively allocated $1 million of that money to sidewalk gaps throughout the City, and there is not a higher priority than filling the gaps on the east side of Mound Road. It will take about $500,000, and that money is available to spend. In addition, they will be working with the County over the next few years to see if they can offset that city contribution through other funding mechanisms. He reiterated they have the funding and they will make every effort to offset that funding. Councilman Yanez questioned whether this will be taking money away from any neighborhood sidewalks in the event they do not find any way to offset that funding. Mr. Vanderpool replied that is a good point, but $500,000 allocated to additional sidewalk gaps across the City is a significant step forward. He reminded that, at the moment, this is the highest priority gap in the City. Councilman Radtke stated he does not have Mayor Taylor’s confidence in the County or County Commissioner Hackel, because he felt the original plan included the sidewalks and they were taken away. He expressed frustration and agreed Regular City Council Meeting Wednesday, August 4, 2021 Page 23 with Councilwoman Ziarko that he would like to see this signed in writing to assure what they will be doing. He hoped they may be able to obtain alternative funding in the future, but if not, then $500,000 will have to be taken from future projects that could benefit the city. He stated he will follow the lead of his colleagues on this, but he is disappointed in the County. He expressed concern that the City has to invest money for people to drive through their City rather than investing in their City. A roll call vote was taken on the motion that was made at the July 20, 2021 regular City Council meeting, as follows: Moved by Ziarko, seconded by Yanez, RESOLVED, to: 1) Approve the Cost Sharing Agreement between the Macomb County Department of Roads, City of Sterling Heights, and City of Warren and authorize the City Manager and City Clerk to sign the Agreement on behalf of the City; and 2) Authorize the City Manager to sign all future project documents on behalf of the City in furtherance of this approval, consistent with the scope outlined in the Cost Sharing Agreement. Roll Call: Yes: Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt. No: None. The motion carried. C. Mayor Taylor stated this is to consider two appointments to City of Sterling Heights Ethnic Community Committee. He opened the floor for public comments, but no one spoke. Mayor Taylor explained this is a mayoral appointment, and he requested the appointments of Kelechi Anyaogu and Dunia Arif. Moved by Sierawski, seconded by Ziarko, RESOLVED, to appoint Kelechi Anyaogu to the Ethnic Community Committee to a 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. Regular City Council Meeting Wednesday, August 4, 2021 Page 24 Mayor Pro-Tem Sierawski stated she met Mr. Anyaogu, who is a naturalized citizen from Africa. She noted he is a civil engineer and a very nice gentlemen who will bring a different approach. He is well-spoken, and she felt he will bring an interesting dynamic to the committee. Councilwoman Ziarko agreed with Mayor Pro-Tem Sierawski, adding she has seen him at various city events, and she pointed out this is a good way for him to become involved. Yes: All. The motion carried. Moved by Yanez, seconded by Radtke, RESOLVED, to appoint Dunia Arif to the Ethnic Community Committee to a term ending June 30, 2023, 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. 9. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from the audience. • Ken Nelson – clean primary election; congratulated those who will be moving forward in November, but also thanked the three who did not make it but took part in the process; congratulated Mayor Taylor; inquired as to status of house on Saal that is in the 18 Mile Road right-of-way. Mayor Taylor congratulated Mr. Nelson as well, and he indicated Mr. Vanderpool will address the question of the house in the 18 Mile Road right-of-way during his report. • Mike Gretel – received tax bill and questioned what is “misc” line item; talked about water bill; did not get an answer on who pays for the sidewalks; complained about speeders on 15 Mile Road. Regular City Council Meeting Wednesday, August 4, 2021 Page 25 • Lorraine Marchione – questioned how they find out who pays for the sidewalks. Mayor Taylor reviewed the process for public comments, noting that once everyone has had an opportunity to make their comments, the Council and City Manager have an opportunity to give reports. He urged Ms. Marchione to provide the City Clerk with her contact information, so if she is not satisfied with the answer provided this evening, they can have someone from Mr. Vanderpool’s office reach out to her to provide an answer. • Paul Manni – expressed appreciation for everyone who volunteered and congratulated those candidates who will be advancing to the general election in November; thanked the City Clerk for her hard work and leadership. • Jon Matthews – echoed Mr. Nelson’s comments, adding the election was clean and orderly; felt City website does excellent job in helping residents find where they should go; expressed appreciation to City Administration for their professional and expeditious follow up on his complaint about standing water. • Brandi Wright – echoed Mr. Matthews’ comments about the great job everyone did on the election; congratulated those who will be advancing to the November election; thanked the City for their quick email response on her previous question. • Benjamin Orjada – would like to know status of the proposed development on the Maple Lane Golf Course property. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mayor Taylor requested that Mr. Vanderpool provide an update on the house constructed in the 18 Mile Road right-of-way on Saal Road. Mr. Vanderpool stated there was a house recently constructed on Saal Road in what used to be the right-of-way for 18 Mile Road. He pointed out that is county Regular City Council Meeting Wednesday, August 4, 2021 Page 26 right-of-way, and the County is not exercising its right to hold that property as an easement, so they are allowing lots as they are coming open on the market to be purchased and homes are allowed to be constructed on them. Mayor Taylor noted there are sidewalk gaps throughout the City, and most neighborhoods have sidewalks, although some neighborhoods have opted to have no sidewalks. He stated he cannot think of any areas in the City where there are sidewalk gaps in the neighborhoods. Mr. Vanderpool noted there are a couple, but he added there are not many. Mayor Taylor questioned whether the resident pays for their sidewalks that need to be repaired. He referred to the question from a couple of the residents as to why the resident has to pay for repair of the sidewalks, but the City is paying to put in the new sidewalks. Mr. Vanderpool explained that, with respect to sidewalk gaps, the theory with homeowners or, in some cases, businesses having to pay when it goes in at a later date is because that property was historically developed many years ago before Sterling Heights became a city. Once they became a city, developments in most cases require that sidewalks be put in with the development, similar to roads and utilities. When that occurs, the new homeowners pay for that through the purchase of the home. Someone who does not have sidewalks theoretically never had to pay for that sidewalk, and that is why they have a Special Assessment process. He pointed out the same holds true for some gravel roads because the developer at that time, prior to Sterling Heights becoming a city, chose not to put Regular City Council Meeting Wednesday, August 4, 2021 Page 27 in a road. It is a requirement now, but those homeowners never paid for a paved road, so there is a Special Assessment, and those residents end up paying like every other resident who has a paid road. Mr. Vanderpool noted a couple of exceptions, such as when they have massive grants such as along Van Dyke or Mound, and when there are special projects like that, it does not require a Special Assessment process; however, these projects do not come very often. In areas where they need sidewalk repair, property owners are responsible pursuant to state statute to maintain sidewalks, and there is a Special Assessment process for that, but he stressed the City has been working diligently to make these programs more affordable to residents by capping amounts of Special Assessments and developing financing terms that are favorable to residents to spread out the costs with very low interest rates over time. He emphasized that improved roadways and sidewalks increase the value of a home, so it is an investment in a property. Mr. Vanderpool addressed the earlier comment from a resident who referred to a “miscellaneous” line item on his tax bill. He stated he would like to contact him after the meeting but did not have his name or contact information on file. He explained there is not a “miscellaneous” line on the tax bill, but he suspected the resident is referring to the “MISD” line, which is the Macomb Intermediate School District allocation. Mr. Vanderpool assured the resident he would be happy to discuss it further if he leaves his name and phone number with the City Clerk. He assured the City takes pride in following up on the questions, and although they do not always have the answers at that City Council meeting, they will follow up if Regular City Council Meeting Wednesday, August 4, 2021 Page 28 they have the resident’s contact information. Mr. Vanderpool referred to the comment about the development of the golf course on Maple Lane, and assured they still have valid plans in their City Development Department for that project. The owner, Dominic Moceri, still intends to develop that property, although it seems as though all developments are at least a year behind. It will move forward, and Sterling Heights is still a good place to pursue these developments. He pointed out that the cost of lumber, steel, all materials, and supply chain demands are creating delays, but according to the owner, the development is still imminent. Councilwoman Schmidt agreed with Mr. Vanderpool that the resident was seeing the Macomb Intermediate School District (MISD) on his tax bill. She explained the voters approved a very large millage increase last year, so it is reflected on the tax bill. She noted that the sidewalks along Mound Road are being installed as part of the Innovate Mound project; however, when they need repair, she questioned who will be responsible for paying for those repairs. Mr. Vanderpool explained that maintenance of bike/hike systems are the responsibility of the governmental entity. He pointed out the bike/hike trails on Dodge Park Road and the trailway system down Utica Road that ties into the Freedom Trail are all examples of where the appropriate governmental entity is responsible. He clarified that traditional sidewalks, as defined by state statute, that individual property owner is responsible. He pointed out the east side of Mound is traditional sidewalks so the property owners will be responsible. Regular City Council Meeting Wednesday, August 4, 2021 Page 29 Mr. Kaszubski confirmed that Mr. Vanderpool is correct, and there is a difference between a pathway and a sidewalk. He pointed out the pathway put in along 16 Mile Road, adding that the snow removal and maintenance of that pathway is handled by the County. Councilwoman Schmidt questioned whether the snow removal on the east side of Mound in front of Ford Motor Company will be the responsibility of Ford Motor Company. Mr. Kaszubski replied affirmatively. Councilwoman Schmidt thanked the voters, both those who voted absentee and in person. She felt it was successful, and she thanked the voters for their support over the years. She congratulated everyone who ran in the election, including those who will be advancing to the General Election in November, and those who did not make it. She stressed it is very difficult to run in an election, and she thanked Ms. Ryska and her department for their hard work, transparency, and being helpful to any candidate who has asked. She is looking forward to November’s election. Councilman Radtke echoed the sentiments of Councilwoman Schmidt, adding he is very impressed by the election process in Sterling Heights. He thanked the voters who came out and thanked all of the candidates who ran for office. He congratulated those who will be advancing to the General Election in November, and he encouraged the others to try it again. With regard to the sidewalk along the east side of Mound, he inquired as to why the City does not do a Special Regular City Council Meeting Wednesday, August 4, 2021 Page 30 Assessment for the sidewalk on the east side of Mound since it is an industrial corridor. He pointed out there are some businesses such as General Dynamics and Ford Motor Company that may be able to help the City pay for that sidewalk. Mr. Vanderpool replied it is a complicated question, because the reality is equity. Under the scope of the Innovate Mound project, there is some new sidewalk on the east side that is funded through the project, and the entire west side is funded through the project. He cautioned that they would be “cherry-picking” some that would be a Special Assessment, which could be an option, but he felt it is more of a policy question for City Council to consider in light of the equity concern he raised. He felt the more prudent course would be to pursue some alternative funding ideas that may be available to offset any costs the City may have to install that additional walk on the east side. Councilman Radtke felt they should try to seek alternative sources of funding, but he pointed out homeowners are charged every day for sidewalks, and he felt the idea that a business making billions of dollars a year cannot pay for some sidewalks to help all of the residents is an equity problem. He noted he received a letter from an 82-year-old resident who was just assessed $200 for her sidewalks, yet he did not feel giving a business like Ford Motor Company a “pass” so they do not have to pay for sidewalks is not right. Mr. Vanderpool understands Councilman Radtke’s concern, but he reminded about the value of the City’s commercial, manufacturing, and industrial corridors. The City has a very robust manufacturing and industrial corridor, and they pay tens Regular City Council Meeting Wednesday, August 4, 2021 Page 31 of millions of dollars in taxes and have billions of dollars in economic impact in not only Sterling Heights but also the entire region. One of the reasons the City is able to maintain very low property taxes for residents is because of their manufacturing and industrial corridor, so that needs to be kept in mind when they consider more complicated issues such as sidewalks. Councilman Radtke felt he is keeping it in mind, and although he works for all of the corporations, he works for the residents first, and he felt it is unfair to charge residents and let businesses get a “pass”. Councilwoman Koski assumed that because the sidewalks along the east side of Mound Road were deleted from the original agreement, the City of Sterling Heights is picking up the total cost because it was added back later. She questioned whether the County is taking responsibility for part of that cost. Mr. Vanderpool clarified the County is paying the cost share as outlined in the Cost Agreement for the additional sidewalk added on the east side as part of the original scope, just as they are paying for their share of the sidewalk on the entire six-mile length along the west side. They are not paying that same cost share for the additional four miles they talked about this evening because it is being added later. The City has the responsibility to fund it, with the commitments that funding will be offset with other revenue sources that they will work hard to achieve. Councilwoman Koski questioned whether they could look at their sidewalk ordinance to determine whether it needs to be updated, especially because they are filling gaps that will ultimately be the responsibility of the homeowner. She Regular City Council Meeting Wednesday, August 4, 2021 Page 32 suggested they could possibly have discussion on setting maximum costs for homeowners that have lived there for over fifty years and never had sidewalks put in. She commended Ms. Ryska on the fantastic job she and her department did in the recent election, adding she did not hear of any complaints or malfunctioning machines. Councilman Yanez thanked the City Clerk and her team for running a successful election, and he is confident they will do a great job in the General Election. He noted that running in an election is a very humbling experience, and he appreciated that so many people ran. He was surprised that many people did not know they had an election. He questioned how many registered voters there are in the City of Sterling Heights and how many turned out for this election. Ms. Ryska replied they have approximately 99,000 registered voters in Sterling Heights, and there were 15,513 ballots for the primary election. Councilman Yanez agreed with Councilman Radtke, and although he appreciates that large businesses generate a lot of economic development and activity, Sterling Heights is full of seniors on fixed incomes, so they need to consider that as well. He pointed out that $443,000 would go a long way to helping out those seniors. He is confident the City Manager and the team will do their best to find another source for that money. Councilman Yanez thanked Councilman Radtke for pulling the Innovate Mound Cost Sharing Agreement off of the Consent Agenda a couple of meetings ago, and he felt the City gained from doing that. Regular City Council Meeting Wednesday, August 4, 2021 Page 33 Councilwoman Ziarko congratulated everyone who participated in the election, and she hoped those who did not get enough votes to move forward in the General Election in November will continue to play an active role in government because their opinions need to be heard. She thanked Ms. Ryska and her department, and she acknowledged all of the City departments that participated in one way or another. She recalled at last November’s Presidential Election, they were required to have two people of different political parties at each table. She inquired as to whether that is the same process they use for a city election, even though it is a non-partisan election. Ms. Ryska confirmed that Councilwoman Ziarko is referring to the Absent Voter Counting Board, where they process and tabulate all of their absentee ballots, and she confirmed they work in teams of differing political parties, and that is for all elections, as required by state law. Councilwoman Ziarko believes in sidewalk repair, but she also felt there should be an alternative available for those repairs when the slab is not cracked but there is only a difference in elevation. She felt there must be a way to reduce the cost for the homeowner that has to fix that slab, and she felt it should be made available to those homeowners. She felt it is not realistic or beneficial to take a huge slab of good cement, break it apart, and then pour another one. She stated she was able to have her driveway fixed that way because every slab was good and there was no reason to break up the entire driveway. Regular City Council Meeting Wednesday, August 4, 2021 Page 34 Mayor Pro-Tem Sierawski agreed they need to visit a way to help senior citizens repair their sidewalks. She noted she lives on a corner and dreads having to pay that fee when her sidewalks need to be repaired, adding she can imagine the hardship that would be for a senior citizen living on a fixed income. She thanked the residents, as well as Ms. Ryska and her team for a successful election. She especially thanked the three candidates who did not make it through the primary, particularly Kelly Skillen and Nick Cavalli, who she claimed brought an interesting flair to the election. She looks forward to having them still be a part of their government, and stressed they are appreciated. She also appreciated Mr. Manni’s kindness. Mayor Taylor thanked everyone involved in the election, especially Ms. Ryska and her team for their professionalism. He congratulated his colleagues on City Council who did well, and also to the six other City Council candidates who did well. He thanked Mr. Nelson for his kind words, adding he is a class act. He appreciated the campaign that Mr. Nelson is running and added that competition is good. 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 there are no items for closed session this evening. 17. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried and the meeting was adjourned at 9:12 p.m. Regular City Council Meeting Wednesday, August 4, 2021 Page 35 MELANIE D. RYSKA, City Clerk