City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL WEDNESDAY, MAY 4, 2022 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., Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko. Absent: Maria G. Schmidt 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 amended, by moving Item 8-B to Item 9-A, and changing all subsequent section numbers accordingly. Yes: All. The motion carried. Mayor Taylor stated Councilwoman Schmidt is not present this evening due to a work commitment that was scheduled prior to rescheduling this meeting from Tuesday to Wednesday, and she regrets she cannot be here tonight. 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that the Sterling Heights Beautification Commission will sponsor its annual plant exchange on Saturday, May 14, from 9:30 to 11:30 a.m. at the Nature Center. This free event allows gardeners to exchange plants of various varieties, and it is a popular event every year. He suggested anyone needing more information on this is welcome to visit the City’s website to contact Community Relations at (586) 446-CITY. Mr. Vanderpool stated he is excited to announce the Sterlingfest entertainment lineup this evening. A short video was shown announcing the entertainment headliners as follows: Jefferson Starship on July 29 at 8:30 p.m.; Uncle Kracker on July 30 at 8 p.m.; Mike Leslie Band on July 30 at 7 p.m.; “The Springsteen Experience – A Tribute to the Boss” on July 29 at 7 p.m.; “The Prince Project” on July 28 at 8 pm; and Elektrik Dream on July 28 at 7 p.m. Mr. Vanderpool stated they are looking Regular City Council Meeting Wednesday, May 4, 2022 Page 2 forward to an exciting Sterlingfest this year including the art fair, restaurant row, carnival, kid’s tent, and more on July 28 through July 30. Mr. Vanderpool explained the final item on his report this evening came about at their Strategic Planning session in January, where a few commissions presented updates to City Council. The City Council then requested that all boards and commissions come to a City Council meeting to talk about the good work they are doing. He informed there are a couple hundred volunteers in the City, many of whom spend a lot of time and effort volunteering on boards and commissions. He announced they will have short presentations throughout the year, and he invited City Development Director Jason Castor to present updates and highlight the good work of both the Housing Commission and the Citizen’s Advisory Committee. City Development Director Jason Castor explained the primary goal of the Citizen’s Advisory Committee (CAC) is to provide residents, especially those with low and moderate income, an opportunity to participate in an advisory role in planning, implementation, and assessment of the programs in the City. The CAC reviews and recommends Community Development Block Grant (CDBG) projects to City Council each year for their consideration. He noted the Annual Action Plan was shared with City Council in March. The CAC meets four times each year, typically on Mondays at 6 p.m., and their hearings must address housing and community development needs, development of proposed activities, and performance review of the yearly programs. Mr. Castor talked about the seven-member committee and introduced those present in the audience this evening. He talked about their duties, and he detailed what they do in their four meetings each year, including the election of officers, review of funding request procedures, review of applications submitted by all subrecipients and hearing their requests, consideration of all requests and subsequent recommendation of funding amounts forwarded to City Council for their approval, and a review of the Consolidated Annual Performance and Evaluation Report (CAPER) prior to submittal to the Department of Housing and Urban Development (HUD). Mr. Regular City Council Meeting Wednesday, May 4, 2022 Page 3 Castor explained how the CAC allocates funds and the breakdown of those funds, as well as CDBG eligibility requirements. He showed an excerpt of a letter received from Keith Hernandez, Detroit’s HUD Director for the Office of Planning and Community Development, which offered congratulations on their accomplishments over the past year. He mentioned the use of the CDBG Covid Funds used to assist forty-four businesses negatively impacted, and the retainage of 347 jobs, and stressed this was accomplished with most of their meetings being held through Zoom during the pandemic. Mr. Castor showed the amount of funds allocated over the last ten years to three of the most common types, being public services, road reconstruction, and Senior Center projects. Mr. Castor talked about the Sterling Heights Housing Commission, noting that the mission of the Housing Commission is to provide safe, decent, and sanitary housing conditions for very low-income families, and to manage resources efficiently. The Housing Commission is governed by the federal government and consists of a five-member board of commissioners appointed by City Council and one Executive Director. He introduced the members present in the audience this evening and talked about their experience with the Housing Commission. He advised that meetings are held at Schoenherr Towers on the second Tuesday of every month, and the main role of the Housing Commission is to oversee the management of Schoenherr Towers in the Housing Choice Voucher Program, also known as Section 8 Housing. He explained Schoenherr Towers, located north of 16 Mile Road, east of Schoenherr, is nine stories consisting of 153 units, with rent based on thirty percent of the resident’s monthly adjusted gross income, and the average rent is $243 per month. He stated the facility is one hundred percent occupied, with a waiting list. Those interested must be sixty-two years of age or older, and income must qualify, based on the limits set by HUD. The Fourmidable Group is the management company for Schoenherr Towers, employed by the Housing Commission, and he explained more about the company, the staff they hire, and the services they provide. He added that each contract is presented to and approved by the Housing Commission. He reviewed the amenities provided Regular City Council Meeting Wednesday, May 4, 2022 Page 4 to the residents of Schoenherr Towers, and they received funds from HUD to make improvements to the facility, which included the replacement of outdated carpeting and the installation of SMART burners in each unit to prevent kitchen fires. They have also upgraded the landscaping, added outdoor furniture, and added two new laptop computers for the residents to use. He outlined some of the improvements they plan on over the next five years, including replacement of the roof over the community room, replacing some concrete in the parking lot, and creating an additional part-time activity coordinator to assist the resident council in adding new and creative activities for the residents. He explained an assessment provided by the Michigan HUD Field Office, and the Sterling Heights Housing Commission overall Section 8 Management Assistant Program score is at 96 percent and has therefore been designated as a “High Performer”. Mr. Castor explained the benefits of this designation. He stated this concludes his presentation. Mayor Taylor thanked Mr. Castor for these presentations, adding that City Council appreciates the opportunity to receive these updates and recognize the work being done by the City’s volunteers. He thanked the board and commission members who are present this evening and watching at home, stressing the City greatly appreciates the work they do to help improve the quality of life for all residents in Sterling Heights. Mr. Vanderpool thanked Theresa and The Fourmidable Group, adding they spend a lot of time making sure that facility is run in a first-class way, and to receive those high scores from a federal agency is not easy to do. Mr. Vanderpool explained the next item on his report came from a request from Councilman Yanez in March, where he requested an update on the City’s recycling efforts, specifically focusing on the City’s facilities. He noted that he shared a comprehensive report with City Council last week, but he highlighted some of their sustainability initiatives centered on recycling. He stated they have recycling at City Hall, Police, Library, District Court, Community Center, Senior Center, Nature Center, and other city locations, and these programs have been in place for Regular City Council Meeting Wednesday, May 4, 2022 Page 5 a while, although they continue to refine and enhance them. He pointed out they do not have traditional drinking fountains but have replaced them with state-of- the-art water bottle refill stations to minimize the use of water bottles. They estimated these stations have saved seventy-two thousand 20-ounce bottles from going to landfills, and they have only been in place for about a year. They were able to save a lot of the structure from the old DPW building and reuse that in the framework of the new building. Mr. Vanderpool explained the City’s splashpad recycles and treats the water, which is environmentally friendly and the right thing to do in terms of sustainability and cost efficiency. They recycle all toner and printer cartridges from their copy machines and printers. He explained the DPW recycles all its used motor oil, amounting to 1,600 gallons of motor oil each year. Mr. Vanderpool stated the recycling events extend community-wide, including Shred Day, Hazardous Waste Day, Electronic Recycling Day, and Spring Clean-up Days, going on throughout the month of May. They implement recycling at some of their major events, with recycling beverage containers at Music In The Park, Farmer’s Market, Cultural Exchange, and food truck events. They are also trying to expand this with some creative ideas in the future. They are looking at eliminating plastic cups at Patios ‘N’ Pints, as well as more recycling at Sterlingfest. They will be working on establishing better metrics over the next year, identifying broad- based community metrics. They are looking at a Sustainability Grant to better identify with their subscription-based curbside recycling program in residential areas the extent of contamination that may be occurring. They will then be able to develop a more meaningful public education campaign to better explain what can and cannot be recycled. Their current program is subscription-based, and they are looking in the long term at a universal curbside recycling program, which would also eliminate the need to have the last remaining drop-off center in the City, reducing costs and creating greater efficiencies. He noted the City’s current contract with GFL expires in 2024, so they will be negotiating this and looking more at it in the next year. Regular City Council Meeting Wednesday, May 4, 2022 Page 6 Mr. Vanderpool concluded that the Michigan Green Communities, established in 2009 to serve as a statewide sustainability, benchmarking, networking, and technical assistance program, is a collaboration with the Michigan Economic Development Corporation, Michigan Department of Great Lakes and Energy (EGLE), and the Michigan Municipal League (MML). Communities that participate in a challenge can earn ratings of either Bronze, Silver, or Gold, and the City Development Department recently applied through this organization for the City’s rating, and he stated the City scored a 73, which is a Silver distinction. He explained they want to get to a Gold distinction and will be working on that in the coming years. He stressed sustainability is important to everything they are doing, and their Sustainability Commission is focused on many of these initiatives. He pointed out the City is spending much more money on trees, extended bike pathways, and non-motorized transportation. Mr. Vanderpool requested the City Council convene a Closed Session at the conclusion of tonight’s agenda for the purpose of discussing strategy in connection with the negotiation of a collective bargaining agreement and to consider the purchase of real property. 6. PRESENTATIONS A. Mayor Taylor stated this a swearing-in ceremony for new Sterling Heights Police Officers. He invited Police Chief Dale Dwojakowski to give the presentation and conduct the swearing-in. Police Chief Dale Dwojakowski stated they have three new officers sworn in on Monday, and this brings them to their new full staffing level, which is the remainder of the seven new officers that Sterling Heights is hiring, funded, and paid for by the closing of the jail facility in Sterling Heights and going directly to the Macomb County Sheriff’s Department. He stressed they do a lot of recruitment in Sterling Heights with their six-member recruitment team who travels the State of Michigan looking for the best and the brightest, and he added that they have three of them here tonight. All three of these officers made the decision and commitment to leave their agencies and come here to Sterling Heights, noting Regular City Council Meeting Wednesday, May 4, 2022 Page 7 that ninety-nine percent of their officers spend twenty-five years here. He stated he is proud they made that decision, and he introduced Natan Bittou, Jillian Booker, and Colton Conley, providing a brief background on each one. Chief Dwojakowski swore in the three officers, and each of them took an opportunity to thank the City for this opportunity, and to thank their families for their support. Mayor Pro-Tem Sierawski congratulated and welcomed all the officers, and she addressed Jillian Booker, thanking her for her service as a Marine and her continued service to Sterling Heights. She thanked Natan Bittou and Colton Conley as well, for serving this City, noting the Council is very proud of their City and its officers. She felt closing the jail put the City at an advantage in being able to hire more officers for the road and in places of need. She congratulated the officers’ families and thanked them for sharing their family members with the City. Councilman Radtke welcomed all the officers and felt they all made a great decision to come here. He stressed the community supports their police, and they will expect a lot, but he is confident the new officers will perform well. He thanked the Chief for bringing in another great class of officers. Councilwoman Ziarko welcomed all the new officers to the Sterling Heights family, adding the City prides itself on being a family-oriented community. She thanked the Chief for bringing the new officers, and she felt this is the best use of their resources. She expressed confidence the residents will see this is well worth the sacrifice of the jail. Mayor Taylor congratulated and thanked the three new officers and their families. He stated the City has a great reputation and they are very proud of it, so the officers will be representing not only their brothers and sisters in their Police Department, but also the 134,000 residents who reside in Sterling Heights. He thanked them for taking on this incredible responsibility, and he wished them well. 7. PUBLIC HEARINGS Regular City Council Meeting Wednesday, May 4, 2022 Page 8 A. Mayor Taylor stated this is the 2022 / 23 Budget Public Hearing and Adoption. He invited Finance and Budget Director Jennifer Varney to give the presentation. Finance and Budget Director Jennifer Varney explained the City Charter requires a formal public hearing be held on the budget before its adoption. She provided an overview of the budget highlights they have discussed, noting the proposed budget was submitted to City Council on March 31, and since that time, the budget has been available for public inspection on the City’s website, the City Clerk’s office, and the public library. The Appropriations Ordinance was introduced at the April 12 City Council meeting. She explained the proposed City Budget totals $251.6 million, and she showed the breakdown between the five major funds. The total budget increased $8.3 million, or 3.4 percent, over last year, with the bulk of the increase due to the funds budgeted for additional road construction and tree planting using American Rescue Plan Act (ARPA) funds, and there is increased investment in the Water and Sewer Fund and the General Fund. She explained there is decreased spending in the facilities improvement fund, capital projects, primarily related to the DPW building spending that was in the current year, reduced contributions to pension and retiree medical funds, and reduced street lighting costs. The General Fund budget totals $117.2 million, which is an increase of $3.4 million, or 3 percent, over the last year, with the main cost increases in personnel primarily due to contractual wage increases, replacement vehicle cost increases, increase in major road investment, and other inflationary increases in supplies, fuel, and contractual services. Decreases were seen in pension and Other Post-Employment Benefits (OPEB) contributions, and street lighting. Ms. Varney stated the budget as presented tonight has no changes from the budget introduced at the April 12 meeting, and she noted it has been more than ten years since there has been no amendments to the budget. She stated the expected General Fund Revenues exceed proposed General Fund Expenditures by about $300,000, resulting in an addition to Fund Balance. She added they have Regular City Council Meeting Wednesday, May 4, 2022 Page 9 increased Fund Balance every year since the Great Recession, and the General Fund Balance is just under $34 million, or 29 percent of expenditures, which is a very healthy level that should allow the City to continue to invest in city services, infrastructure, and maintain the low tax rate. Ms. Varney stated the proposed City millage rate for the 2022 tax year is 16.38 mills, which is a decrease of about 0.29 mills from the current rate. The annual city taxes for an average home are just over $1,400, or $117 per month, which is an increase of approximately $5 per month. She showed a slide comparing the City’s tax rate to other comparable communities, and Sterling Heights continues to be one of the lowest in Macomb County. Ms. Varney summarized that the 2022/2023 budget preserves the City’s solid financial position, reduces the city tax rate, preserves low water and sewer rates, includes over $37 million investment for road improvements, includes funding for a Deputy Police Chief and additional part-time inspectors, fully funds all long-term liabilities, funds a new fire pumper and replacement ambulance chassis, seventeen police vehicles and other public safety equipment, funds technology improvements and diversity, equity, and inclusion training, and funds additional Parks and Recreation and library programming. Ms. Varney explained the Appropriations Ordinance is the legislative vehicle that allows for the expenditure of funds throughout the City and reflects the City Council’s plans for expenditures and revenues, and it sets the total property tax millage rate at 16.38 to fund those expenditures. She informed the Appropriations Ordinance was introduced at the April 12 City Council meeting, and the Ordinance in front of them includes no amendments from the original proposal. She stated they are respectfully requesting approval of the proposed budget. Mayor Taylor opened the public hearing and asked if anyone in the audience would like to speak. • Nathan Inks – commented on FLOCK camera system in the budget; felt it is overall a net positive but expressed some concerns; noted Michigan’s Law Enforcement Information Network (LEIN) has state and federal laws that criminalize abuse of the system, FLOCK does not have that oversight; Regular City Council Meeting Wednesday, May 4, 2022 Page 10 suggested adopting an ordinance criminalizing abuse of FLOCK if the City proceeds with it. • Ben Orjada – concerned about lowering the tax rate; many projects have ongoing maintenance and this lowering of the tax rate may set them up for unnecessary political turbulence when the rate must be raised. Mayor Taylor closed the public hearing. Moved by Sierawski, seconded by Ziarko, BE IT ORDAINED, to adopt the Annual Appropriations Ordinance for the 2022/23 fiscal year with the following property tax millage rates: 9.4940 mills for Operations, 0.9468 mills for Refuse Collection, 2.5189 mills for Police & Fire Pension, 2.3850 mills for Safe Streets, 0.9257 mills for ReCreating Recreation, 0.1096 mills for Public Improvements (Proposal F), for a total property tax levy of 16.38 mills. Mayor Taylor noted that Mayor Pro-Tem Sierawski had indicated in her motion “0.925 mills for ReCreating Recreation,” and he inquired as to whether it was her intent for that amount to be “0.9257 mills.” Mayor Pro-Tem Sierawski confirmed the “0.9257 mills” was her intent. Councilwoman Ziarko stated she is glad they had no amendments. She addressed Mr. Orjada’s question about lowering the tax rate, and she explained they have always had the feeling they are not going to take taxpayer’s money unless they need it and know where it is going. She noted this is the first time in a long time that they were able to reduce the rate, but it means something to let people know that the City only wants the taxpayers’ money when it is needed. Councilman Yanez apologized for missing the last meeting, but it was unavoidable. He watched the video of the meeting, and he appreciated the discussion, especially about the FLOCK cameras. He stated he had the same concerns expressed by Mr. Inks. He appreciated the amount of time and effort the staff put into the budget, and he commended them for the excellent work they did. He stated he is in full support of this budget. Councilman Radtke stated he will vote in favor of this budget, but he emphasized that he is still completely opposed to the FLOCK camera system. He has a lot of questions that have not been answered, and he commented that if they approve it, they need to limit the amount of time they keep the data, reducing it to seven days rather than the thirty days as discussed. He added that there needs to be strict auditing requirements, and he agreed with Mr. Inks that the City needs to Regular City Council Meeting Wednesday, May 4, 2022 Page 11 have an ordinance in place which criminalizes misuse of the system. He stated that while the FLOCK cameras could be a good tool for the Police Department, they could also be used for a lot of negative things, so he will be voting no on the FLOCK system when it comes before them. Mayor Taylor thanked Administration and to everyone who put their time and effort into this budget. He commented that it accurately reflects the priorities and policies they want to implement, and he is looking forward to another successful year. Yes: All. The motion carried. 8. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider introduction of an ordinance amending Chapter 2, Article III, Division 13 of the City Code to reduce the number of members appointed to the Youth Advisory Board and change the timing for annual reporting to the City Council. He invited Community Relations Director Melanie Davis and Youth Advisory Board Liaison Marissa Russo to give the presentation. Community Relations Director Melanie Davis provided some history of the Youth Advisory Board, which was put together in 2019 and placed within Community Relations for them to oversee. She noted that Marissa Russo had expressed an active interest in working with some of the younger residents and helping them to engage with their local government, so she requested to serve as the liaison to that group. She and Ms. Russo worked closely together for the first six months after the group was formed, at which time Ms. Russo stepped in as the liaison, working independently since that time to nurture the group and continue to help them advance their mission. Her experience with the group over the last three years has also demonstrated the need for making some minor amendments to the City Code that they believe will improve the effectiveness and efficiency of the Youth Advisory Board. She invited Ms. Russo to share additional information about her experience over the past several years and the changes they are requesting this evening. Regular City Council Meeting Wednesday, May 4, 2022 Page 12 Youth Advisory Board Liaison Marissa Russo explained that the Youth Advisory Board is comprised of twenty high school students whose mission is to be the voice of the City’s younger residents. She is coming here today as the liaison to request some changes to the ordinance. They are requesting that the number of appointed members be reduced from twenty to thirteen. They are also requesting that the required annual presentation to City Council be allowed to happen at any point during the year. Ms. Russo explained that since the inception of their board, they have maintained twenty appointed members; however, she has noticed this number limits the student’s ability to create necessary relationships that form a team environment that will enable them to meet their goals. She had a consistent number of thirteen members at their meetings, but she never had twenty members present. She believes the thirteen students who have chosen to participate have made great strides this past year and have created a solid foundation for their board. She commented that the actively engaged students can make an even bigger impact in the community with a more streamlined board. She explained they have talked with their current board members about limiting the number to thirteen, and the consensus was to change the number to thirteen to allow for a more proactive and productive board moving forward. The current ordinance requires the annual report and presentation to be presented to City Council during June or July; however, the members would like this changed to reflect that it can take place any time during the academic school year, because the summer months are often more difficult for them to make that presentation. She offered to answer questions. Mayor Taylor opened the floor for public comments, but no one from the audience spoke. Moved by Ziarko, seconded by Yanez, RESOLVED, to introduce the ordinance amending Chapter 2, Article III, Division 13 of the City Code to reduce the number of members appointed to the Youth Advisory Board and change the timing for annual reporting to the City Council. Regular City Council Meeting Wednesday, May 4, 2022 Page 13 Councilwoman Ziarko stated this has been explained well. She recalled when they were forming the board, there was the question of how many members should be on it. They wanted to give anyone who wanted to serve on it the opportunity to do so, but it is difficult to find enough members to fill up to twenty openings. She questioned whether reducing the number from twenty to thirteen will occur because some students are graduating, so they would be leaving the board, rather than the elimination of active members. Ms. Russo replied they will be losing six of their active members who will be graduating this year, so they will still have positions that need to be filled. She assured they will not have to eliminate or dismiss any members. Councilwoman Ziarko questioned whether there is a better time of the year to report back to Council. Ms. Russo stated the Strategic Planning session worked very well for their schedule. It is difficult to schedule it toward the end of the school year because they are finishing with exams and other school activities. Councilwoman Ziarko commented this shows them they have the opportunity to change things when needed. She felt this is a good idea if it will make the board stronger with fewer people. Councilman Radtke questioned whether the entire board is reappointed every year, or whether members are appointed once and continue until they graduate. Ms. Russo replied they are appointed/reappointed every year. Councilman Radtke agreed with Councilwoman Ziarko that twenty members can be unwieldy. He added if they ever have a situation where someone wants to become very involved, he is confident they can satisfy that person and solve the problem, possibly by appointing alternates at that point. He agreed that thirteen is a good number, and if they are working hard, he is in favor of it. Mayor Pro-Tem Sierawski commented that the school year starts getting very busy for high school students around the end of March, so she suggested making the report and presentation in March. Regular City Council Meeting Wednesday, May 4, 2022 Page 14 Councilwoman Koski questioned how many of the active thirteen members are seniors. She further questioned whether they have representation from all the schools in Sterling Heights. Ms. Russo replied anyone interested in serving on the Youth Advisory Board is required to be a resident of Sterling Heights; however, there are some students on the Board who attend academic schools outside of the city limits. She does not know if every high school is represented, but she offered to check and get back with her. Councilwoman Koski recalled when they tried to do this in the past, they tried to have representation from all the high schools in Sterling Heights. She questioned what grades their membership is drawn from. Ms. Russo replied of the thirteen active members, six are graduating, and there are five or six remaining. She added that about three of them have been serving since they were freshmen, so they have had the experience of serving on a twenty- member board. Now they have a core group of thirteen, they can attest that it was not productive with twenty members. Their goal is to recruit from freshman year so they can have the continued membership. Councilwoman Koski agreed that is the best way to recruit. She would like to see them reach out to the high schools in the area to see if they can draw more members from those schools. Councilman Yanez questioned what they do to recruit members. Ms. Russo replied they have reached out in the past to superintendents of school districts, as well as other connections within the different schools. They advertise in the City’s magazine, social media, newsletter, and word of mouth from the student members. She added they have an ongoing base of applications, so they know the word is getting out. She noted they are partnering with Parks and Recreation on doing programming and collaborating with their Teen Room. Councilman Yanez questioned whether there has been anything they have discovered has worked or has not worked over the last three years since they developed this program. Regular City Council Meeting Wednesday, May 4, 2022 Page 15 Ms. Russo stated that, with having a smaller group this year, she has noticed it works very well, which is why they are requesting that change. They have a “conversational” atmosphere, which has helped, and she has received a lot of input from the members as to the speakers they would like to hear from, and the types of activities they want happening in their community. She wants them to know they are making an impact, so she is making sure she knows where they want their voice to be heard. Mayor Taylor commended Ms. Russo on doing a great job with this group of young people. He felt the proposed changes are good, and he is happy to see it coming forward. He stressed they value what the board has to offer, and he thanked Ms. Russo for going a great job getting that information out of them. Yes: All. The motion carried. 9. ORDINANCE ADOPTIONS A. Mayor Taylor stated this is to consider adoption of ordinances amending Chapter 12, Article V of the City Code to modify definitions and hours of operations for body art facilities and Articles 11, 12, and 31 of Zoning Ordinance No. 278 to allow microblading as a primary or ancillary use in C-1 (Local Convenience Business District) and C-2 (Planning Comparison District) zoning districts. He invited City Attorney Marc Kaszubski to give the presentation. Mr. Kaszubski stated at the April 19, 2022, regular Council meeting, the City Council unanimously voted to introduce two ordinances that amend the City Code to modify definitions and hours of operations for body art facilities and amend Zoning Ordinance 278 to allow microblading as a primary or ancillary use in C-1 and C-2 zoning districts. He noted that during the City Council deliberations, multiple Council members raised concerns that salons may offer microblading services at different times to accommodate weddings and special events and requested an amendment to the Regulatory Ordinance that would either expand or eliminate the regulation on the hours of operation specific to the microblading uses. In response to the feedback, a proposed amendment to the introduced Regulatory Ordinance was prepared and has been submitted for City Council’s Regular City Council Meeting Wednesday, May 4, 2022 Page 16 consideration. If adopted, the alternative Regulatory Ordinance would allow for microblading services to be performed within a hair salon, nail salon, or a microblading-only establishment without any restrictions on hours of operation. There are no proposed amendments to the ordinance introduced that amends the Zoning Ordinance 278. Mayor Taylor opened the floor for public comments. • Ben Orjada – expressed his support of microblading and he believes there should be no restrictions on the hours; commented that the current ordinance is antiquated in that respect. Mayor Taylor stated he is in favor of “Alternate Suggested Action No. 1”, which does not place limitations on the hours of operation for microblading services performed at body art facilities that exclusively perform microblading. Moved by Radtke, seconded by Sierawski, RESOLVED, to adopt the ordinance amending Chapter 12, Article V of the City Code, as amended, to modify definitions and hours of operations for body art facilities. Councilman Radtke requested verification that the ordinance he just moved to approve has no limitations on the hours of operation for microblading services. Mr. Kaszubski replied that is correct as long as the microblading is done in a salon setting or a stand-alone microblading entity, but not when it is in a tattoo parlor, noting they have separate hours of operation that are proposed to be amended from 9 am to 9 pm. Councilman Radtke stated he would like to expand it further after talking with other communities and tattoo facilities within the City and amend it to make the hours of operation for tattoo parlors from 8 am to 10 pm. Moved by Radtke, seconded by Taylor, RESOLVED, to amend the previous motion to allow any tattoo facility to be open during the hours of 8:00 am to 10 pm. Councilman Radtke commented this will make their ordinance in line with those in other cities and will help facilitate business in their community. Councilwoman Ziarko emphasized she has no problem with removing the limitation on the hours of operation for microblading; however, she wants to make sure that if there are five licenses operating under one roof in a facility, that there Regular City Council Meeting Wednesday, May 4, 2022 Page 17 is one owner responsible for that facility and that shop license is over all other licenses, so that owner is responsible for overseeing all others. Mr. Kaszubski replied that if there are five sub-licenses, the owner of the facility is still responsible for who works in their building. Yes: All (on the motion to amend the motion on the floor). The motion carried. Councilman Radtke suggested he would like to see a discussion on the purpose of their tattoo ordinance and the restrictions incumbent upon it at the Strategic Planning session in June. He indicated there are a lot of requirements in place for this type of facility, but he would like to know the reasons. He expressed concern that possibly those types of businesses are being punished for something they have not done. Mayor Taylor recalled they requested the addition of discussion about changes to the Zoning Ordinance, and he suggested this topic would be appropriate during that discussion, without objection from Council. There were no objections from Council members to add this to the June 11 Strategic Planning session. Mayor Taylor thanked Administration for making these changes, and he stated it will help some of the business owners in the community. It will make microblading services more convenient for their residents and customers who live in other cities and are coming to Sterling Heights for these services. Yes: All (on original motion with amendment). The motion carried. Mayor Taylor stated the next action is to adopt the ordinance amending Articles 11, 12, and 31 of Zoning Ordinance No. 278. Moved by Radtke, seconded by Sierawski, RESOLVED, to adopt the ordinance amending Articles 11, 12, and 31 of Zoning Ordinance No. 278 to allow microblading as a primary or ancillary use in C-1 (Local Convenience Business District) and C-2 (Planned Comparison District) zoning districts. Yes: All. The motion carried. 10. CONSENT AGENDA Regular City Council Meeting Wednesday, May 4, 2022 Page 18 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 April 12, 2022. B. To approve the minutes of the Regular Meeting of April 19, 2022 C. To approve payment of the bills as presented: General Fund - $722,356.74, Water & Sewer Fund - $3,921,456.77, Other Funds - $15,247,872.96, Total Checks - $19,891,686.47. D. RESOLVED: (1) To accept the proposal Wade Trim Associates, Inc., 500 Griswold Street, Suite 2500, Detroit, MI 48226, for professional consulting services in support of the development of a Medical and Adult Use Marijuana Research Study and authorize the City Manager to sign all required documents on behalf of the City; and, (2) Authorize a budget amendment for $13,100 from General Fund reserves. E. RESOLVED, to accept the proposal by American Fireworks Company, 7041 Darrow Road, Hudson, OH 44236, for a fireworks display on July 28th, 2022, at the Sterlingfest Art & Music Fair at a cost of $15,000 and authorize the City Manager to sign the contract on behalf of the City. F. RESOLVED, to: (1) Accept the proposal by WSP Michigan, Inc. for a traffic and pedestrian safety study of Dodge Park Road at Adlai Stevenson High School, Dodge Park Road and Utica Road roundabout, and Clinton River Road at Henry Ford II High School; (2) Authorize the City Manager to sign it on behalf of the City of Sterling Heights; and, (3) Authorize a budget amendment in the amount of $26,408 from Major Road Fund reserves to fund the entire cost of the study, a portion which will be reimbursed by Utica Community Schools. G. RESOLVED, to waive the competitive bidding requirement in accordance with City Code Section 2-217(A)(9)(b) and purchase transportation and travel accommodation services associated with Parks and Recreation Senior Trips from Bianco Travel & Tours, Inc., 12555 Universal Dr., Taylor, MI 48180 and Carr’s Motorcoach, LLC, 9370 Livernois, Detroit, MI 48204, for the period May 5, 2022 through May 4, 2024. H. RESOLVED, to waive the competitive bidding requirement in accordance with City Code Section 2-217(A)(9)(b) and approve the purchase of dance costumes associated with Parks and Recreation Department’s annual dance recital from Revolution Dancewear, LLC, 6100 W. Howard St., Niles, IL 60714; Weissman Costumes, 6750 Manchester Ave., Saint Louis, MO 63139; and Costume Gallery, 925 Canal St., Building 3, Floor 7, Bristol, PA 19007, for the period May 5, 2022 through May 4, 2024. I. RESOLVED, to purchase one (1) Roland TrueVIS SG2 64” large format inkjet printer/cutter from Wensco Sign Supply, 23889 Freeway Park Drive, Farmington Hills, MI 48335, at a total cost of $19,615, and to authorize a budget amendment for the purchase price using Capital Fund reserves. J. RESOLVED, to approve the purchase of subscription services for the 41A District Court law library from Thompson Reuters / West Publishing Corporation, 610 Opperman Drive, Egan, MN 55123-1396, in the estimated amount of $13,700. K. RESOLVED, to waive the competitive bidding requirement in accordance with City Code §2-217(A)(9)(b) and approve the contract between the City of Sterling Heights and Galui Construction Co., 33805 Harper Avenue, Clinton Township, MI 48035, for the 2022 Concrete Sectional Replacement Program, City Project #22-391, Riverland Drive Pedestrian Crossing Signals, Regular City Council Meeting Wednesday, May 4, 2022 Page 19 Malibu Drive Reconstruction, City Project #22-394, Orban Drive Reconstruction, City Project #22-387, and Fire Station #4 Parking Lot Improvements, City Project #22-386, at a cumulative cost of $2,028,104 and authorize the Mayor and City Clerk to sign all documentation required in conjunction with this approval. L. RESOLVED, to schedule a special meeting of the City Council for a strategic planning session at the Sterling Heights Community Center, 40250 Dodge Park Road, on Saturday, June 11, 2022, at 9:00 a.m., and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. Yes: All. The motion carried. 11. CONSIDERATION A. Mayor Taylor stated this is to consider a request by StoryTime Guild, Inc., for recognition as a local nonprofit organization for the purpose of obtaining a State of Michigan charitable gaming license. Laura Dutton, one of the members of StoryTime Guild, explained their organization was founded in 1973 under a slightly different name. They were under the umbrella of the Community House in Birmingham. During Covid, they had the opportunity to separate and become their own entity. They filed to become a 501(c)(3) organization, and their address is in Sterling Heights. They have been known as StoryTime Guild for the last two years, and they are seeking this approval to acquire a raffle license. She explained their groups mission is to encourage the love of reading and story telling for underserved schools. She further explained during normal times they go into the schools to read and tell stories to the students, and they raise funds so they can donate books to those schools. They have not been doing this during Covid, but they are confident they can start back to normal next school year. Another member (unidentified) of StoryTime Guild explained they serve the schools in Sterling Heights and donate thousands of dollars’ worth of books. She added that their membership is comprised of a lot of retired teachers and librarians, and their treasurer is a former banker. Ms. Dutton stated their membership is about one hundred, and they had about fifty active readers. Mayor Taylor opened the floor for public comments. Regular City Council Meeting Wednesday, May 4, 2022 Page 20 • Ben Orjada – stated he is happy they are still in operation, noting they have spoken at the schools of some of his family members; encouraged the Council to honor this request. Moved by Ziarko, seconded by Sierawski, RESOLVED, that the request from StoryTime Guild, Inc., asking that they be recognized as a local nonprofit organization for the purpose of obtaining a State of Michigan charitable gaming license be considered for approval; provided, however, that this action is not an endorsement of the organization, and the City of Sterling Heights should not be listed on any promotional materials associated with their charitable gaming activities. Councilwoman Ziarko stated she and her daughter are avid readers, and she believes that if you learn to read, you can learn everything else. She supports what this organization does, and she is grateful they have so many volunteers. She wished them success on their raffle and encouraged them to let Council know when they are holding the raffle so they can buy tickets. She stressed their services are making a difference. Mayor Pro-Tem Sierawski applauded their efforts, adding she is an avid reader. She stressed kids love to be read to, and she thanked them for the work they do. She also requested that they let the Council members know when they are selling the raffle tickets. Councilwoman Koski thanked StoryTime Guild or the good work they do, stressing that reading and being read to is important to the development of children. She wished them good luck and urged them to let Council know if they need anything from them. Mayor Taylor stated this is a great cause in which this group is participating, and he thanked them. He hoped that they will be back into the schools now that things are returning to normal after Covid. He stressed that interacting in person is important to children’s development. He wished them good luck and urged them to let Council know if they need anything else. Yes: All. The motion carried. 12. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for comments from the audience. • Ben Orjada – thanked the City for their support of Youth in Ukraine; he read that Lansing, Grand Haven, and Clinton Township have elected to raise a Ukrainian flag on city flagpoles; he offered an American-made Ukrainian Regular City Council Meeting Wednesday, May 4, 2022 Page 21 flag that he would like to loan free of charge to the City if they would like to fly that flag here on the City Hall campus. Mayor Taylor spoke for Council that they would probably be happy to do that, and he suggested Mr. Orjada give the flag to the City Clerk. 13. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he had nothing further to add this evening. Mayor Pro-Tem Sierawski thanked Mr. Orjada for the use of the Ukrainian flag. She stated she is flying one next to her American flag, and she felt it shows her support to her Ukrainian friends. She noted that there is a company in Clawson that makes Ukrainian flags, and she encouraged support of the Ukrainian community. She is happy with the Sterlingfest musical lineup, adding it will be a good year for the festival. Councilman Radtke echoed Mayor Pro-Tem Sierawski’s comments, and he thanked Mr. Orjada for not only requesting the City fly a Ukrainian flag, but he also brought the flag for them to use. He hopes the large Ukrainian community understands that Sterling Heights stands with them against tyranny in Ukraine. He stated he is excited for Sterlingfest getting back to normal this year, and he emphasized it is a way for the City to show off Dodge Park, which is a jewel in this community. He is pleased they had a couple of traffic studies to make this entire area safe for pedestrians, and these safety improvements will do a lot for the local high schools and Dodge Park. Councilman Yanez thanked City Administration for their presentation on recycling, adding that the circular economy (recycling) is worth $9 billion a year. He pointed out there are a number of Michigan businesses that use recyclable materials, and the more they recycle, the more of that material is available for those businesses to use. He also appreciated the information that was sent to the Council members about recycling. Councilwoman Ziarko thanked Mr. Orjada for the use of the flag. She pointed out that freedom is never free, and she added that if she must pay more for gas right now, she will do so knowing that is the cost of freedom throughout the world. She thanked the people of Poland for helping the Ukrainians, especially since they are Regular City Council Meeting Wednesday, May 4, 2022 Page 22 opening their own homes for the Ukrainian refugees, once strangers who are becoming part of their families. Councilwoman Ziarko stated her favorite charity since all of this started has been the World Central Kitchen because they are feeding people in Ukraine, Poland, and other locations. She felt they need to do whatever they can as a community to stop World War III from happening, so she is standing with Ukraine and anyone who is helping them. Councilwoman Koski stated if there is anything they can do for the Ukrainians, she would like to see those links added to the City’s website, such as places for donations, etc. She is not familiar with any organizations taking collections, but she felt if Administration is aware of any, posting them on the website may be another way to assist. She recommended if they know where to purchase the Ukrainian flags, that information should also be included on the City’s website. Mayor Taylor wished a Happy Mother’s Day to all mothers and wished them a great weekend. 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 two items for closed session this evening. 17. ADJOURN Mayor Taylor indicated that they will not be reconvening after Closed Session. Moved by Ziarko, seconded by Radtke, RESOLVED, to adjourn the meeting and go into Closed Session. Roll Call: Yes – Sierawski, Taylor, Yanez, Ziarko, Koski, Radtke. No – None. Absent – Schmidt. The motion carried. The meeting adjourned into Closed Session at 8:39 p.m. The meeting adjourned from Closed Session at 9:17 p.m. MELANIE D. RYSKA, City Clerk