City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, FEBRUARY 7, 2023 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 reminded everyone that there will be an in-service training day on President’s Day, Monday, February 20, 2023. He advised that the City’s public facilities will be closed, including City Hall, the public library, Community Center, Senior Center, and Nature Center, although it will not affect the refuse schedule. Mr. Vanderpool announced the good news that they received confirmation of a new federal grant received by the City, in partnership with Macomb County, with the City’s share being $500,000. He explained this is under “Safe Streets for All” program, and this is a grant they applied for several months ago, with the idea of studying their entire neighborhood road system, including major roads like Ryan, to determine what needs to be done with their roadway system to calm traffic. He acknowledged there are many traffic issues throughout the City, as well as across the country, but they want to be proactive. They have some ancillary funding available for this study as well, and it will be a comprehensive study focusing on traffic enforcement, possibly some measures they have not looked at in the past. It will include public education and calming ideas like speed humps, speed dots, traffic circles, additional medians to narrow roadways and make the roads more pedestrian friendly and aesthetically pleasing. They will look at road markings, Regular City Council Meeting Tuesday, February 7, 2023 Page 2 and he explained a pilot program currently taking place on Viceroy, where they are painting the speed limit in very large numbers on the pavement. It will take months to get through this study, and part of the study will also be setting up a process for which to review neighborhood roads when residents call to report traffic problems. This can be done through a portal on the City’s website, or certain traffic calming measures that are part of the program can be requested. He thanked the City Council and the Mayor for their support on this, noting when they started out, it was a mini-study that was going to focus on speed humps. There was not a lot of interest in that study, so they realized they needed a much more multi-faceted study. It took the support of the Council to get this grant, including the Mayor who made personal pleas with the Secretary of Transportation Pete Buttigieg to get this funding. Mr. Vanderpool explained the City is well along in their rental assistance program, and they received funding through the Community Development Block Grant (CDBG) program to offer assistance to residents in need to offset some of their rental expenses. He stressed it has been a very effective program, with fourteen households that have participated in the program, and seven applications in the queue to be reviewed. He pointed out that the program was widely publicized, and they want to keep the program going, so they will continue to look at some ideas statewide with federal funding. If they are not able to obtain additional funding, the program will end after the seven applications currently being processed are completed. He showed some of the marketing material used and indicated the modes through which this program has been advertised. Mr. Vanderpool invited Beautification Commission Chairman Gary Isom to present an important certificate to the Mayor and City Council. Beautification Commission Chairman Gary Isom explained that at the start of 2022, the Beautification Commission sponsored the City in taking the Mayor’s Monarch Pledge through the National Wildlife Federation. He outlined the work they have done over the last twelve months toward fulfilling this pledge by completing Regular City Council Meeting Tuesday, February 7, 2023 Page 3 certain action items with the help of the City’s leadership. He outlined these action items, including creating a proclamation designating Mayor’s Monarch Pledge Day on April 22, 2022, planting milkweed at the Children’s Library Garden, hosting the annual plant exchange at the nature center, and handing out a thousand milkweed seed packets, along with a flyer about the importance of milkweed, as they marched in the Memorial Day Parade. They also hosted a monarch-themed luncheon at the Community Center, which featured a presentation by a Master Gardener on monarch butterflies. Mr. Isom, on behalf of their Commission, proudly presented a Certificate from the National Wildlife Federation recognizing Mayor Michael Taylor and members of Sterling Heights City Council for their leadership in taking this pledge. He noted this commitment will restore habitat for the monarch butterfly and encourage local citizens to do the same. Mayor Taylor thanked Mr. Isom and the Beautification Commission for all of the work it does. Mr. Vanderpool introduced Library Director Tammy Turgeon to talk about the five- year strategic plan that the Library has been working on updating. He added that the Fire Department is currently working on their five-year plan, and DPW completed their five-year plan a couple of years ago. He emphasized that all of the departmental five-year plans feed into the City’s overall Strategic Plan and Visioning 2030 and soon-to-be Visioning 2040 Plan. Library Director Tammy Turgeon explained their five-year planning process began last year with the hiring of ReThinking Libraries to help them through this process of gathering statistics to compare them to other libraries in the state and nationwide, receiving community input through stakeholder sessions and a community survey, and a follow-up daylong retreat with library staff members, board members, City leadership, and residents to craft a vision, mission, values, and strategic plan to encompass what the library strives to be. She reviewed the City’s 2030 Vision Statement, and explained the Library’s Mission is “encouraging innovative living through literacy, discovery, and community.” The Library’s Vision Regular City Council Meeting Tuesday, February 7, 2023 Page 4 is “an engaged community where all can discover, learn, and grow.” Ms. Turgeon explained that, based on all the input received, they developed a list of values, which includes community focus, continuous improvement, learning, being welcoming, being open-minded, being forward-thinking, and inclusion. She reviewed each of the potential initiatives and anticipated outcomes for the five focus areas of the Library’s Strategic Plan, which include Elevated Resource, Supported Staff, Outreach and Partnerships, Aware Community, and Adequate Funding. Ms. Turgeon explained that, regarding benchmarking, ReThinking Libraries created a cohort of Michigan libraries, a Midwest cohort, and a U.S. cohort, all done with libraries of similar size, although she added the Michigan cohort had more libraries with less population, since Sterling Heights has one of the larger service populations in Michigan. She pointed out the data reflects that when they look at total expenditures per capita, visits per capita, physical material circulation per capita, number of full-time equivalent librarians per 10,000 per capita, and total number of full-time staff members per 10,000 per capita, Sterling Heights is much lower than all of the cohort groups. She explained there are many options available, including levying a millage, forming a district library with neighboring communities, or joining an existing district library. She advised these options would involve ballot proposals and move the library out of the city department structure, and the new library would become a separate taxing authority. Ms. Turgeon concluded that they have a lot of work ahead of them, and she is meeting with the Library management team this week to finalize their 2023 Action Plan, which they will be doing each year. She will provide a copy of the findings book to City Council with all of the benchmarking data, survey results, and focus group input. She understands increasing costs to residents is difficult, but she is open to working with City Council, City Management, the Library Board, and residents on how to tackle the funding issues for the library so they can implement Regular City Council Meeting Tuesday, February 7, 2023 Page 5 many of the enhancements requested by the resident, including additional library locations, additional full-time staff, and increased hours of operation. Mr. Vanderpool stated they welcome continued feedback by the Mayor and City Council on the library’s Strategic Plan, especially when they talk about bold initiatives such as creating a library district. He highly commended Ms. Turgeon, noting that she widely respected in the State of Michigan and a top leader in library services. He informed that during the Great Recession, Sterling Heights was the only city in the State that received approval from the Governor’s office to share their library director with the Suburban Library Cooperative. As a result, Ms. Turgeon served as both Sterling Heights Library Director and the Suburban Library Cooperative Director for twelve years, which was an extremely tall order, and he thanked her for the great job she has done. Mr. Vanderpool concluded his report by requesting a Closed Session after tonight’s meeting to discuss the following items, including the trial or settlement strategy in connection with United States District Court Case #2-20-CV-13116, a strategy in connection with negotiation of a collective bargaining agreement, and to consider the purchase of real property. 6. PUBLIC HEARINGS A. Mayor Taylor stated this is to consider the application by Ben Meldrum, on behalf of Meldrum Properties, LLC, for a residential Planned Unit Development known as “The Flats” on approximately 2 acres of land situated on the west side of Utica Road, south of 19 ½ Mile; PPUD22-0002. He invited City Development Manager/Assistant City Planner Jake Parcell to give the presentation. City Development Manager/Assistant City Planner Jake Parcell explained this is a proposed Planned Unit Development (PUD) for four 2-story multi-family apartment buildings, totaling thirty-two units, located on the west side Utica Road, south of 19 ½ Mile Road on a site currently zoned Technical Research Office District. He clarified that, with a PUD, they are offered some regulatory flexibility. It is in the Traditional Mixed Use Development Node as designated in the Master Land Use Plan and is part of the North Van Dyke Avenue District. He stated it was Regular City Council Meeting Tuesday, February 7, 2023 Page 6 recommended for approval by the Planning Commission in October 2022. He showed a zoning map, reflecting the location of the property within the Mixed- Use Overlay District, and he explained it is one of the northernmost properties within the overlay. He advised there is commercial and industrial to the east, with single-family residential to the south and mobile home park to the west. Mr. Parcell explained this plan calls for higher density of multiple-family residential developments, with a focus on walkability, moving the site closer into alignment with the designations of the Mixed Use Overlay District and the North Van Dyke Avenue District. Mr. Parcell showed the aerial view of the subject property and surrounding area, noting the existing developments. He showed the site plan, indicating that the entrance to the development would be off of Utica Road via one driveway, and most of the parking is entirely hidden from the road behind the buildings. He advised that there is approximately 10,000 square feet of pathways developed throughout the area, connecting it to a newly-built sidewalk that will be on Utica Road, and it will connect all of the buildings on the site. There is 9,470 square feet of available recreation space, which was additional parking spaces that were removed at the Planning Commission’s recommendation. He showed a turnaround area as well as the dumpster location, which is approximately 42 feet away from the mobile home park, also moved per Planning Commission recommendation. Mr. Parcell explained the applicants are proposing a robust landscaping plan, and there will be bike racks placed throughout the site. He informed that the building will consist of brick with vertical metal siding, and he showed the floor plan, noting that every unit will have a kitchen, two bathrooms, laundry, a living room and dining area, and two bedrooms. He added that each unit will range from 950 to slightly over 1,000 square feet. Mr. Parcell reviewed the changes from the Planning Commission, and the applicants worked very well with the recommendations from the Planning Commission. He informed that the parking on site was two-and-a-half spaces per Regular City Council Meeting Tuesday, February 7, 2023 Page 7 unit, and was reduced to two spaces per unit with the elimination of sixteen parking spaces. There are now a total of sixty-four parking spaces, with two spaces per unit. The relocated dumpster was moved an additional twenty-four feet further away from the adjacent mobile home park, and green space calculation was included on the site plan. He explained the flexibility allowed under the PUD Ordinance, and he provided a brief overview of some of the modifications for this plan, including distance of parking spaces from the dwelling units, front yard setback, density, side yard setback from northern property line, spacing between buildings, no recreational or RV parking provided, and amount of recreational space required per unit. He noted, however, that the North Van Dyke Avenue Master Plan calls for only five percent of open space on each parcel, and the applicant is providing for nearly thirty percent of open space, including the setbacks on the site. He explained there is a screening requirement of a six-foot- high decorative fence or masonry wall, but to better blend into the district, the applicant is providing landscaping which appears to meet the City’s landscaping requirements, as well as planting additional shrubs on site to help screen some of the more intense uses surrounding it. Mr. Parcell explained talked about how the PUD process and the modifications proposed on their site plan helps to bring them into closer orientation to what they are looking for in this area. He clarified this does not constitute final site plan approval, but the approval of the conceptual plan and the PUD agreement shapes the development guide for the review of the final site plan, which will happen by staff at the conclusion of the PUD process. He talked about how this plan meets their sub-area plans for the City, including the North Van Dyke Avenue Master Plan, and further discussed the sustainable land use patterns and how this plan fits into that. He stated they are willing to answer questions. Applicant Ben Meldrum, on behalf of Meldrum Properties, LLC, introduced his partner Paul Meldrum and Attorney Ben Aloia. He showed a brief video depicting an artist’s rendering of the proposed site development. Regular City Council Meeting Tuesday, February 7, 2023 Page 8 Mr. Ben Meldrum explained they have been in close communication with one of their neighbors, along with the mobile home park, and he pointed out the dumpster was about 17 feet away from the mobile home park but they relocated it on their plan to about 42 feet away. They brought the parking ratio down, and he pointed out the recreational space is considerably higher than indicated in the Master Plan. He commended the Planning team for working with them. He explained they have been working on this for about a year, and their vision for this site is right in line with the Master Plan. Mr. Meldrum explained that, while he is receptive to those who would like to see more mixed use and density, he wants to make sure they bring a great product to the area to stimulate growth. He did not feel that a $10 million project with high-rise buildings is right for the site until they get closer to Van Dyke. He stressed it is important to develop a high-quality, unique product that brings residents into the area at an affordable price is important. He added they are looking at other sites in the area, but they have nothing definite at this time. He confirmed there will be thirty-two units, all having two bedrooms and two full bathrooms, and they will all have private entrances. Mayor Taylor opened the public hearing, and he opened the floor for public comment, but no one spoke. Mayor Taylor closed the public hearing. Moved by Radtke, seconded by Sierawski, RESOLVED, to approve the application by Ben Meldrum, on behalf of Meldrum Properties, LLC, for a residential Planned Unit Development known as “The Flats” on approximately 2 acres of land situated on the west side of Utica Road, south of 19 ½ Mile; PPUD22-0002, subject to the terms and conditions set forth in the Planned Unit Development Agreement, and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval on behalf of the City. Councilman Radtke stated he recently met with the Planning team, who answered some of his questions about the project. He pointed out he was looking at the prior rendering and he wanted to make sure it was going to include pathways. He indicated he likes the concept plan and the idea of densifying this area of the City. He stated he would like to see more trees all around the building and in the right- of-way, emphasizing they are currently thinking of ways to reforest Sterling Regular City Council Meeting Tuesday, February 7, 2023 Page 9 Heights. He commended the applicant for taking out some of the parking, pointing out that a recent report reflected that almost all rental properties in the City are single-person occupant, even with two bedrooms. He questioned whether Mr. Meldrum feels that is the right amount of parking, or whether he feels it should be even less. Mr. Meldrum replied to inquiry that they are adding eleven more trees to the frontage. He was introduced to Design Workshop out of Chicago, and he was asked a similar question about the amount of parking. He could not recall a community ever asking him to provide less parking. He is confident that two spaces per unit is more than sufficient, but since it is a sprawled-out site, he is comfortable with two spaces per unit. Councilman Radtke stated unused parking is wasted money, and it causes water run-off because it is non-porous. He stated he is willing to entertain even further land banking on the site, emphasizing they want a neighborhood that is pedestrian-friendly. He questioned why the sidewalk in front of this building jogs to the north, and then back to the south. Mr. Parcell stated he would want to talk with City Engineering regarding the answer to that question. Councilman Radtke stated he would like to see the buildings as close as possible to the street when it makes sense. He indicated that creates a pedestrian wall, which will lead to a more pedestrian-friendly district. Mr. Meldrum stated he is led to believe it is due to the right-of-way, but that would be an engineering question. Councilman Radtke reiterated he would like to see more trees around the building and in the right-of-way. He would like to see this site expanded to create more downtown living. Mayor Pro-Tem Sierawski stated she likes the project, pointing out that vacant lot has been used as a dumping ground for many years. She read through the Planning Commission minutes, and applauded the developers for presenting a Regular City Council Meeting Tuesday, February 7, 2023 Page 10 PUD development that met with the approval of a couple of the Commissioners who are not usually in favor of PUDs. She commented this speaks very highly of the project, and she did not observe any negative comments from the mobile home community, but the homeowner of the adjacent single-family home seemed to think it is beautiful, although she is requesting a little more in the way of shielding trees. Mayor Pro-Tem Sierawski indicated she would also like to see a few more trees. She acknowledged that, although it is not mixed use, it meets the type of residential they are looking for in the area. She inquired as to the price point for these units. Mr. Meldrum replied they anticipate they will go for between $1.60 and $1.69 per square foot per month, so they anticipate a rent of $1,600 to $1,700 monthly. He indicated that is a middle-of-the-road rental. Mayor Pro-Tem Sierawski agreed they are going into a middle-class area and do not want to outprice themselves. Mr. Meldrum assured they are very familiar with the area, and they own New Wave Laundromat. Councilwoman Schmidt is glad they moved the dumpster. She questioned how it will work for residents in Buildings 1 and 2 having to go all the way to the back of the property to get to the dumpster. She questioned whether that was considered. Mr. Meldrum replied that they have a similar issue with another one of their developments, but from dealing with a lot of these projects, they do not find objections from the residents who move into these units. He emphasized it is unfortunate, but they cannot locate dumpsters everywhere. He assured it was taken into consideration with the size of the site as well as trying to accommodate their neighbors. He added they do not want to put a dumpster near Utica Road, creating an eyesore. Councilwoman Schmidt stated she is pleased with the repositioning. She questioned whether there will be management on site. Regular City Council Meeting Tuesday, February 7, 2023 Page 11 Mr. Meldrum replied that unless the development has about one hundred units, it is not feasible to have management on site. It will be self-managed, but he assured his company will be hands-on and available twenty-four hours a day/seven days a week. Councilwoman Schmidt inquired as to whether there will be any security measures put into place. Mr. Meldrum replied that, again with this size of development, it is difficult to bring in on-site security. He indicated they will have cameras but will not have a security service on the property. Councilwoman Schmidt understood that with the smaller size of the development, they will not have security but she was glad they will have cameras. She recalled it was mentioned they are eliminating the RV parking requirements, and she wanted to verify that RV parking will not be allowed. Mr. Meldrum assured there will be rules and regulations prohibiting RV parking, but it is premature at this time for those to be established. Councilwoman Schmidt enjoyed the video. She questioned whether there will be a central gathering places for barbeques, a fire pit, etc. Mr. Meldrum clarified the video was designed pre-Planning Commission, but he pointed out where the open greenspace is to the south of the property. He indicated they are not planning any formal seating area. Councilwoman Schmidt suggested that they include a couple of benches in that area for parents who are watching their children play. She stated she is happy to see something being developed on this property. Councilwoman Ziarko questioned clarification on the building entrances. Mr. Meldrum replied there are four entrances on each side of the building: two leading to lower units and two leading to the upstairs units. There will be a total of eight entrances to each building, which is one private entrance for each unit. He explained the doors on either end will lead to the first floor units, while the two adjacent doors in the center will lead to the upper floor units. Regular City Council Meeting Tuesday, February 7, 2023 Page 12 Councilwoman Ziarko questioned the locations of the applicant’s other developments. Mr. Meldrum replied they are working on a 36-unit development in Chesterfield Township, and they finalized a development in downtown Romeo. Councilwoman Ziarko stated when she first saw there will be thirty-two units on two acres, she thought it might be a little too dense; however, after looking at the way it is laid out, it is a good use of the land while providing people the amenities they would want. She indicated her concern about the additional traffic, although she admitted not all the residents will be coming or going at the same time. She suspected the church traffic and the traffic from the neighboring industrial area may affect the residents more than the resident’s traffic affecting them. She wished them luck with the project, and thanked them for making the changes suggested by the Planning Commission. Mr. Meldrum pointed out they are sticking with all residential for this site is for the very reason brought up by Councilwoman Ziarko about the traffic concerns. He indicated it would need to be closer to Van Dyke to incorporate mixed uses on the site. Councilwoman Koski requested clarification on the unit entrance locations. Mr. Meldrum pointed out the locations of the entrances on the plans and added that they are calling this development “The Flats” because of the flat style of the two-story buildings. Councilwoman Koski questioned whether the developers have given any thought to making these condominiums rather than rental units. Mr. Meldrum replied no, although he replied to further inquiry that it could happen long-term. He emphasized it is their intent to keep them as apartments. Councilwoman Koski questioned whether pets will be allowed, and if so, whether there will be an area for the pets to go outside and play. Mr. Meldrum replied they will allow pets, and the greenspace area in the back is an open recreation space and there would be plenty of room for residents to take Regular City Council Meeting Tuesday, February 7, 2023 Page 13 their pets outside. He added that there will be a couple of pet relief stations on the property. Councilwoman Koski commented that the development looks very nice, and she wished them well. Mr. Meldrum explained when they received the recommendation to landbank some parking spaces, they determined the best place to remove them was from the side abutting the mobile homes so that when they parked, their headlights would not shine into the units at the mobile home park. He added they told that to the mobile home park manager, who was very appreciative. Mayor Taylor commented that this is a great project and he is excited about it. He stated it is a great development for this site, and it is continuing the momentum of the North Van Dyke Avenue District. 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. • AeYanna Yett – As Chairperson on behalf of the Sterling Heights African American Coalition, she thanked the City for honoring Black History Month; provided some history of Black History Month, which began in 1976; outlined some of the activities and events taking place this month in honor of Black History Month. Mayor Taylor thanked Ms. Yett for all the good work she is doing. He gave a special shout-out to Ms. Clara Ruth Burks, a Sterling Heights resident who celebrated her 105th birthday last weekend. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of January 17, 2023. B. To approve the minutes of the Special Meeting of January 23, 2023. C. To approve payment of the bills as presented: General Fund - $1,173,184.99, Water & Sewer Fund - $1,610,987.65, Other Funds - $1,806,284.11, Total Checks - $4,590,456.75. D. RESOLVED, to purchase computer equipment from Access Interactive, LLC, 46665 Magellan Drive, Novi, MI 48377, at competitive pricing available through the Midwestern Higher Education Commission cooperative purchasing program, contract #MHEC-04152022, at a cumulative cost of $59,674. E. To purchase twenty (20) model X26P Tasers, with accessories, from Axon Enterprise, Inc., 17800 N 85th Street, Scottsdale, AZ 85255, at pricing available through the State of Michigan MiDeal cooperative purchasing Regular City Council Meeting Tuesday, February 7, 2023 Page 14 program, contract #071B4300067, in the cumulative amount of $23,900, and authorize the City Manager to sign all agreements in conjunction with this approval. F. RESOLVED, to purchase wireless cellular phone services and accessories from Cellco Partnership, d/b/a Verizon Wireless, 10170 Junction Drive, Suite 200, Annapolis Junction, MD 20701, at pricing available through the GSA cooperative purchasing, contract #47QTCA20D00B5, through January 10, 2025, and authorize the City Manager to sign all required documentation on behalf of the City. G. RESOLVED, to approve Traffic Control Order #6-84 to prohibit on-street parking on the west side of Edgevale Drive, from 39481 Edgevale Drive 560 feet to south to 39311 Edgevale Drive, on school days between 8:00 a.m. and 4:30 p.m. H. RESOLVED, to approve the reduction in the retainage for the 2022 Concrete Sectional Replacement Program, City Project #22-391, Riverland Drive Pedestrian Crossing Signals, 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, to $50,000. I. RESOLVED, to award the bid for maintenance of irrigation systems at municipal sites and park restroom water systems to Techseven Company, P.O.Box 182247, Shelby Township, MI 48318, for the period of April 1, 2023 to November 30, 2024, at unit prices bid. J. RESOLVED, to award the bid for transit mix to Protocon RM, 6227 Metropolitan Parkway, Sterling Heights, MI 48312, as the “primary” vendor and Superior Materials, LLC, 30701 W. Ten Mile, Farmington Hills, MI 48336, as the “secondary” vendor based on the respective unit prices bid through December 31, 2024, and to authorize the DPW to purchase from the secondary vendor where necessary to ensure timely delivery of transit mix to the job site. K. RESOLVED, to split the award of the bid for police ammunition to the following vendors through December 31, 2023, based upon their respective unit prices bid: 1. To Vance Outdoors, Inc., 3723 Cleveland Ave., Columbus, OH 43224, for eXact iMpact 40 mm #6530 training kits, eXact iMpact 40 mm #6525 sponge round, and Hornady ELD Match Tap Precision.308 Win 168 #80725 rifle ammunition; and 2. To Kiesler Police Supply, 2802 Sable Mill Rd., Jeffersonville, IN 47130, for Federal Buckshot Frangible 12 ga. Ballisticlean #BC13200 ammunition and Federal Slug Frangible 12 ga. Ballisticlean #BC127RS ammunition. L. RESOLVED, to award the bid for low voltage data line installation services and repair to Copperhead Defense Technologies, Inc., 9270 Nichols Rd., Montrose, MI 48457, based upon unit pricing and percentage mark-up bid. M. RESOLVED, to accept the proposal by Anderson, Eckstein & Westrick, Inc., 51301 Schoenherr Rd., Shelby Township, MI 48315, for professional information technology consulting services to upgrade the City’s Geographic Information System (GIS) and develop web-based GIS applications at a total cost of $10,500. N. RESOLVED, to adopt the resolution designating the month of February each year as Black History Month in the City of Sterling Heights and calling upon residents, businesses, and community organizations to learn about and appreciate the abundant and impactful historical contributions of African Americans to the success of the United States. O. RESOLVED, to adopt the resolution approving the 2023 Real Property Tax Hardship Exemption Guidelines for Tax Relief under Section 211.7u, Public Act 206 of 1893. P. RESOLVED, to adopt the resolution designating the meeting places for the Sterling Heights Board of Review for 2023. Regular City Council Meeting Tuesday, February 7, 2023 Page 15 Q. RESOLVED, to adopt a resolution urging Oakland County to Work with Macomb County and the State of Michigan to Reduce Uncontrolled Sewer Discharges into the waterways of Macomb County. R. RESOLVED, to schedule a special meeting of the City Council on May 16, 2023, at 6:00 p.m. for the purpose of recognizing and congratulating recipients of scholarships awarded through the 2023 Sterling Heights Area Community Foundation Scholarship Program and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. S. RESOLVED, to receive the lawsuit, Hardy vs. City of Sterling Heights, et al; Macomb County Circuit Court Case No. S-22-4493-NF. Yes: All. The motion carried. 8. CONSIDERATION A. Mayor Taylor stated this is to consider a request to transfer ownership of an escrowed 2021 Class C liquor license, with Sunday Sales Permit (PM), from Youksing Chan Ltd. To Red Crab Sterling LLC, and transfer location from 14515 Fifteen Mile Road, Sterling Heights, to 35756 Van Dyke, Sterling Heights. Mayor Taylor opened the floor for public comment. John (no last name given), representing the owner, explained they are trying to get a transfer of a liquor license so they can serve alcohol at their restaurant and increase their business, resulting in more jobs available in Sterling Heights. Moved by Radtke, seconded by Taylor, RESOLVED, that the request to transfer ownership of an escrowed 2021 Class C liquor license, with Sunday Sales Permit (PM), from Youksing Chan Ltd. To Red Crab Sterling LLC, and transfer location from 14515 Fifteen Mile Road, Sterling Heights, to 35756 Van Dyke, Sterling Heights, be considered for approval. Councilwoman Ziarko questioned whether the license is being transferred from House Of Chan, located on 15 Mile Road at Utica Road. Mayor Taylor replied that the former address may be that location. Councilwoman Ziarko recalled the applicant opened his business in August 2021, and within a couple of weeks of their opening, they experienced eighty hours without power. She remembered the Chamber of Commerce looking for freezers and refrigeration systems to save $50,000 worth of product. She wished them luck. Mayor Pro-Tem Sierawski stated she has been to this restaurant and they have great food. She is favor of them obtaining this liquor license. Regular City Council Meeting Tuesday, February 7, 2023 Page 16 Mayor Taylor wished them luck, adding he has heard very good things about their restaurant and, although he has not been there yet, he will make sure he visits soon. Yes: All. The motion carried. 9. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Tom Szatkowski - stated he previously attended a City Council meeting to complain about speeding in his neighborhood, and he is very happy with Mr. Vanderpool’s plan to fix their streets; he went to Police Department to thank Lieutenant Allen for the installation of stop signs, but discovered there is no “compliment form” available to submit, so he would like to publicly compliment him; appreciated communication from the City on updates. • Stephen Hill – resident/homeowner at 11134 Fairway Drive; expressed concern that he received a bill for $265 for “noncompliance for service request”; explained he has not scheduled a water meter change because his cardiologist believes the new meter would affect his pacemaker and the instruments needed to send his pacemaker data; upset that his municipality to which he pays taxes would punish him as he tries to safeguard his health. Mayor Taylor appreciated Mr. Hill’s comments, noting they will continue to take other comments from citizens at this point, and Mr. Vanderpool can respond to his concern in a few minutes. He requested that Mr. Hill give his contact information to the City Clerk, assuring the City will work with him to try to accommodate in any way they can. • Nathan Inks – looking forward to the results of the study that will occur for traffic calming; he hoped they will look at tree canopies along the streets and in the medians, and installing more green infrastructure in the medians. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to Mr. Hill’s concern about the new water meter installations going on across the City. He stated they are almost done and have about 40,000 properties, with almost all complying. He pointed out the meters being replaced are forty to fifty years old, so they have far exhausted their useful life, so replacement is necessary. He explained that once they get the appointment scheduled, the non-compliance fee will be waived. He understands Mr. Hill needs more information on radio frequencies emitted from the meters, and assured they will be happy to meet with Mr. Hill and even speak with his Regular City Council Meeting Tuesday, February 7, 2023 Page 17 physician to go over the radio frequencies emitted. He added that the emissions are controlled by the Federal Communications Commission, which determines the safe levels in devices such as meters, as well as other electronic devices such as laptop computers, cell phones, walkie talkies, and microwave ovens. Mr. Vanderpool stressed that the remote-read meters are a best-practice technology used worldwide in most communities. He stated a water meter emits far less radio frequency than a lap top computer, a cell phone, and is far lower than a microwave oven. He reiterated they are happy to meet with Mr. Hill to review this data and discuss it with his physician to make sure he feels comfortable that this is safe and efficient to have in his home. He assured they have Mr. Hill’s phone number and will make sure they follow up with him. Mr. Vanderpool commented on Mr. Inks’ desire for street trees, and he confirmed there are a lot of good studies containing data showing that tree-lined streets slow traffic. He indicated there will soon be a new program coming before City Council to reforest neighborhoods across the City, planting 12,000 trees over the next decade, which will help with this goal. He added Mr. Inks’ point is well-taken and they will make sure other areas like medians on commercial corridors are reforested as well in part of this study. Councilman Yanez thanked Mr. Szatkowski for his positive comments about the Police Department, and suggested that a compliment form be created. He hoped Mr. Szatkowski’s neighbors feel the same way. He questioned whether the City is doing any monitoring of the average speed on Viceroy since painting the speed limit on the street. Mr. Vanderpool replied that the pavement marking has not yet been installed but will be soon. He anticipated it will take a couple more weeks, noting it is very large heat tape that will go on the pavement. There will also be the wording, “Slow Down”, on the pavement as well. Once they get all of these measures in, they will have benchmark data that they will be reviewing and reporting back to City Council. He added they would be happy to make it available to residents. He Regular City Council Meeting Tuesday, February 7, 2023 Page 18 explained they sent out a letter to approximately 1,500 residents in the surrounding area to explain the traffic-calming initiatives that are being implemented on Viceroy. He reiterated it is a pilot program. Councilman Yanez commented there is a good chance that Mr. Hill already has a SMART electric meter in his house. He believes the water meter emits far less radio frequencies than most other devices in his home. He indicated it has been several years since DTE started installing SMART meters, and he is not aware of any complaints of any injuries or illnesses due to the installation of those SMART meters. Councilman Yanez explained he gave a “heads up” to an item he would like to discuss this evening. He explained the Marijuana Task Force gave a presentation a couple of months ago, and at that meeting, the concern was raised by a resident that there was no resident input allowed because of the way it was presented. He commented it is time to have an honest debate on this issue through a scheduled agenda item and allow residents to discuss it. He asked, without objections, that City management direct the City Attorney to create an ordinance to sell, grow, and test cannabis in the City of Sterling Heights, which would allow a number of licenses that are available through the State. He is aware there are a number of ordinances that the City Attorney can review. Mayor Taylor asked Mr. Vanderpool and Mr. Kaszubski as to the direction they are looking for from City Council. He pointed out they have a task force formed to review what other cities are doing, best practices, what they would do differently, etc., and he questioned whether the task force talked with other communities as to the best way to create an ordinance. He noted that the seven City Council members most likely have seven different opinions as to what should or should not happen, and if it were to happen, what they would be comfortable having included in that ordinance. Mayor Taylor further inquired as to how much time they would need to accomplish this. Regular City Council Meeting Tuesday, February 7, 2023 Page 19 Mr. Kaszubski replied that the problem with the direction of drafting an ordinance without getting the ideas of the seven Council members is that he does not have clear direction on the number of licenses, locations, whether they want overlay districts, or whether they prefer traditional rezonings. He explained there is a zoning component and a licensing component, so it is a dual ordinance. He suggested the best approach, as has been done in other municipalities, would be for Administration to look into what is being asked and provide Council and update on what they think would be a starting point. He added that Council members can individually share their thoughts with Administration. They can then collectively try to come up with a proposal to start the process of drafting an ordinance. He stated they are unable to draft an ordinance at this point based on the direction given this evening without everyone’s input. He clarified they have researched what others have done, but they have not looked at it from a Sterling Heights perspective. Mayor Taylor questioned whether the direction would be to give the attorney and administration a period of time to come back to City Council with recommendations as to what they feel would be best for Sterling Heights if the Council is inclined to opt in. Council would review it, but he inquired as to whether that would be a communication sent as part of a public agenda, or whether it would be through a non-City Council communication to the City Council members. Mr. Kaszubski stated he would have to give that some thought as to whether it would be a public document or whether it would be something provided to Council members confidentially. He cautioned something like that could start a lot of unintended consequences if they start identifying locations, etc. Councilman Radtke questioned whether it would be a legal opinion. Mr. Kaszubski replied it could be in the form of a legal opinion. Mayor Taylor questioned how much time Mr. Kaszubski feels he would need. Regular City Council Meeting Tuesday, February 7, 2023 Page 20 Mr. Kaszubski replied he would have to work with the Planning Department and their consultant planners to talk about the zoning components. He has looked at regulations and licensing, so he commented that portion could be done a little faster than the zoning component. He stated he would like at least sixty days to get them a memo of options, and they would have to discuss at that point the scope of an ordinance and the anticipated length of time to complete it. Mayor Taylor commented that this is a legal product in the State of Michigan, and there are industries that are providing the product. There is a report from City Administration containing detailed notes as to how it is working in other communities, and he felt it is time to make a decision. He added he is not interested in doing more studying and would like to see a way to expedite the process, and if the Council is inclined to vote it down, they should know that. Mr. Yanez appreciated Mayor Taylor’s concerns, but he is also confident that the City Attorney will bring back a good piece of legislation. He acknowledged communities handle this in different ways, and he observed one city that formed their own task force, held meetings over several months, obtained input from residents and businesses, and proceeded to craft their own ordinance through their task force, and it was approved. He commented he has observed other communities where a document was presented to them, and they approved it the same night. Councilman Yanez pointed out that, because the City has a two-step process for approving an ordinance, anything brought to City Council can be amended through the first hearing. He agreed with Mr. Kaszubski about the zoning aspect of this process, and he felt most of the lawsuits in this industry are over zoning issues. He was confident that the City Attorney will use a model that works and bring it to Council. He was with the understanding that most municipalities treat these facilities similar to a liquor store that is in commercial or industrial areas. He noted they can place a number on how many dispensaries and how many grow operations they will allow, noting the latter may only be one, two, or zero. He suggested using the City of Ann Arbor or other municipality that is Regular City Council Meeting Tuesday, February 7, 2023 Page 21 similar in size to Sterling Heights and model the ordinance off of what they have incorporated. He stated he would like to see something come back sooner rather than later. Mayor Pro-Tem Sierawski raised a point of order that they need to find out if there are any objections to Councilman Yanez’s request. Mayor Taylor clarified they are determining what the request is so that everyone will know to what they are agreeing or objecting. Mr. Kaszubski stated he was discussing not developing the ordinance until after coming back with some ideas in sixty days. He indicated if they want the development of an ordinance, it will take much longer than sixty days for many reasons, one of which is the zoning component that would be required to go to Planning Commission before it can come before City Council for review. He indicated this process may take six months or longer, adding he has not seen any community get this done properly in less time without being sued. He added it would be “all hands on deck”, including the Planning Department, and having to go through two different codes to create the ordinance. He reminded they have the budget and other items, and he does not want to rush this through in an unreasonable period of time. Mayor Taylor assured he does not want to rush anything, but regardless of the opinions of the seven Council members, he commented that marijuana will be sold in Sterling Heights, whether it is approved through this council or a future council. He suggested that if this City Council is going to do it, they should do it right so that it lasts a long time, is flexible, and makes sense. Councilman Yanez understands that this process takes time in most communities, so he is confident Mr. Kaszubski is providing them good advice. Mayor Taylor summarized that Councilman Yanez’s request is for City Administration and the City Attorney to provide them with a legal opinion on what best practices should be incorporated into an ordinance from their perspective, outlining the process, and bringing it back to City Council so that after sixty days, Regular City Council Meeting Tuesday, February 7, 2023 Page 22 the ultimate goal would be for it to come to City Council for a vote up or down on going forward with an ordinance. Councilwoman Ziarko stated she is a hard no on the sale of marijuana in the City of Sterling Heights. When the vote came to the people in the State of Michigan, she had no problem with someone being able to buy it, grow it, or sell it, as long as it was not in her city. She emphasized the City is very conscious of having a Drug-Free Coalition that tries to keep kids safe from vaping, marijuana, alcohol, or other substances. She stressed she is very conscious of the letters received from superintendents of public schools to request that the community not opt in on this. She pointed out there are already problems in the school, and they have asked the City not to add to those problems. She stated she has never been asked by any resident of the City to approve this, and they are the most important people to consider when talking about this. Two surveys have been conducted, reflecting that sixty percent of the people who live here do not want marijuana sold in Sterling Heights. She added that businesses and developers have contacted her to stress they do not want this in their neighborhood or near or in their developments. Councilwoman Ziarko explained this was on the ballot, and the fine print indicated that cities could opt out of whatever was voted on. Sterling Heights opted out because they did not know what was going to happen to the industry, the market, or how it would be controlled. She recalled there were only three people at the time who were working at the state level trying to determine how to regulate it, and this was because the ballot proposal was written by the marijuana industry and not legislators. She clarified the City is not doing the same thing here because they already opted out. She pointed out they are looking at how other communities are doing this, but she emphasized they should be looking at how they want Sterling Heights to be identified. They could be like Warren, Eastpointe, or some of the other communities that need the revenue source and are putting this in place so they have another revenue source, or they could be like Regular City Council Meeting Tuesday, February 7, 2023 Page 23 Birmingham, Bloomfield Hills, and Clinton Township that have taken a stand to refuse to allow it in their communities. She did not feel they can compare Ann Arbor to this because they have held a “Hash Bash” for decades, regardless of the fact of whether or not it was legal. She explained that, after working with the Michigan Municipal League, she knows how many other cities feel the same way that they do not need that revenue source or that responsibility in order to accommodate this industry. She commented that this is not for Sterling Heights, and although it may come before another Council in the future, they will do the right thing for the City. She reiterated her objection to Councilman Yanez’s request, emphasizing she is a hard no on this, and it is a waste of time and money to investigate it further because people do not want it. She did not understand where the pressure is coming from to allow this in Sterling Heights. She indicated that of the states that have legalized marijuana, twenty-five percent of the cities are selling, and the other seventy-five percent have opted out. Councilwoman Koski agreed with everything Councilwoman Ziarko said. She stated she is a hard no on this, and she has not heard a good reason why the City of Sterling Heights needs to enter into the marijuana business. She objected to the request by Councilman Yanez. Councilman Radtke stated he does not object to this request because he indicated it will happen. He is confident it will be placed on the ballot, and either the City Council approves it directly, or it will go to the people. He prefers not to have something written by the industry for the industry, and possibly become law. He questioned whether something can be amended if it is passed as a ballot initiative by the people. Mr. Kaszubski replied that if it was passed through a ballot initiative by the vote of the people, it would require a ballot initiative to change it. Councilman Radtke questioned whether City Council could suggest a change to the people or could City Council initiate a ballot proposal. Regular City Council Meeting Tuesday, February 7, 2023 Page 24 Mr. Kaszubski replied that is a good question, and he will have to get back to Councilman Radtke on the answer. Councilman Radtke does not object to what other cities do and the broad outlines of what is possible. He does not feel that the growing industry makes any sense in the City of Sterling Heights because their industrial property vacancy rate is less than one percent. Grow operations do not employ a lot of people and they mainly take up a lot of space. He commented it would be a tremendous waste of valuable property, but he is open to testing, transport, and dispensaries, although he cautioned he may not vote for whatever ordinance comes up. He pointed out how much money is made in revenue from the cannabis industry, noting that the City of Hazel Park received $338,720 in taxes last year from six dispensaries operating in Oakland County. He stressed this is from a drug that the people have legalized. He understands the purpose of the Drug-Free Coalition, which is to typically target kids who should not be using marijuana; however, he noted that when he was in high school, it was easily accessible from many connections. He stated he is a member of the Drug-Free Coalition because he wants to make sure that kids make smart choices. He explained his business has invested money into the Drug Free Coalition because he believes in the cause of getting people off of opioids and making smart choices. He commented that since it is legal, they should tax it and try to make some money on it for the community. He pointed out that if the people in Sterling Heights do not want these businesses in their City, the businesses will end up closing and moving out of this community. Councilwoman Schmidt stressed she is a hard no on this, objecting to the request from Councilman Yanez. She commented it is a huge waste of time to put City Administration and the City Attorney through this. She noted the voters voted this in with the language that allows municipalities to opt out. She questioned how many cities in the State of Michigan have opted in, and how many total cities there are in the State. Regular City Council Meeting Tuesday, February 7, 2023 Page 25 Mr. Kaszubski replied there are 161 municipalities that opted into medical marijuana, and 125 municipalities that opted into adult use. There are 1,382 municipalities that opted out of adult use, and 391 that had no action. He added that the data in that report has changed very slightly since the recent election, but not in a varying degree of more than 8. Councilwoman Schmidt pointed out most municipalities in Michigan have opted out. She could see no reason for the City of Sterling Heights to opt in. She accepts the facts that it is legal, that people can partake in this City, but they cannot buy it, grow it, or process it here. She added that people in Sterling Heights can have it delivered to their front door, so they are not stopped from getting it. She respectfully disagreed with Mayor Taylor’s assumption that it will happen in Sterling Heights. She commented that if the industry places it on the ballot, she was very confident that there will be a counter ballot proposal in that same election. She has had so many people approach her stating that if it is ever on the ballot, they will have a counter proposal. She was at a workshop at an Michigan Municipal League Conference and posed the question as to what would happen if there were dueling ballot proposals and they both passed. She explained it is the ballot proposal that passes with the most votes that will be the one that passes, and the other would fail. Councilwoman Schmidt stated she works in the schools, and the problem is now edibles in the middle schools and cookies in the grade schools, citing an incident that happened just last week. They are seeing more THC vaping, and this starts at home in many situations, but it is exponentially a bigger problem on a daily basis. She emphasized she is not going to promote something like this when she sees what is happening in the schools. She cited a recent news story that reported marijuana revenues to municipalities are down because the sale price is down and taxes are down because the market is saturated. She does not believe this would be a big revenue source for the City. Councilwoman Schmidt stated there was a survey provided to them in their report, which was the second resident survey taken on this subject. She stressed Regular City Council Meeting Tuesday, February 7, 2023 Page 26 both surveys were statistically valid and four hundred respondents on those surveys were against having any form of cannabis sold, processed, or grown in the City of Sterling Heights. She stated she cannot disregard what these statistically- valid surveys have reflected about the residents’ views on this. She, like Councilwoman Ziarko, has never had any resident come up to her and ask her why they do not have any dispensaries in Sterling Heights, but she has had residents who have requested that they not be allowed. Mayor Pro-Tem Sierawski pointed out there are seven people on Council with seven opinions. She stressed this is a big issue, and although they are elected to represent the people, she did not feel this decision should be made by seven people, or possibly four people, which would be the majority. She commented that this should be a voter-led initiative. She voted yes to decriminalize marijuana so that those who want to partake of it can do so, but it is not for her. She reiterated this is a big issue for their city that is a lifelong decision, and she is opposed to City Council making this decision. She questioned which municipalities have had no legal challenges on this. Mr. Kaszubski replied he does not know because he has not done an exhaustive study on all 260 of the municipalities to see if they were named in lawsuits and the reasons, noting some are medical and some are recreational. He stated he can investigate it and get the information for Council. Mayor Pro-Tem Sierawski stated she would love to know that information. She recalled the Finance and Budget Director Jennifer Varney had provided them with some numbers, and even if the City made some money on this, she did not feel it is a lot of money. She indicated Hazel Park made $338,000 in tax revenue for six dispensaries, and that does not include the costs that would have to be subtracted from that for lawsuits, legal fees, or increased policing. She agreed with Councilwoman Ziarko that they must determine what they want their community to look like, and although they are not an exclusive community like Birmingham or Bloomfield Hills, she does not feel it is for Sterling Heights. She stressed she is a Regular City Council Meeting Tuesday, February 7, 2023 Page 27 hard no on this issue. She noted her son works in a different community and is a manager of a dispensary, which is his career choice. She will support her son, but his career is his choice and not hers. Mayor Taylor stated they do not have enough votes to give direction to go forward with this. He noted there are members of the marijuana industry who are very persistent about this and want to know what is going on in Sterling Heights. They held off in 2022 to wait for the report. Mayor Pro-Tem Sierawski stated they were clear on their stance last year as well. Mayor Taylor pointed out that last year, City Council gave direction to City Administration to provide a comprehensive six- to nine-month analysis of the issue, and if the answer was going to be a “hard no”, they possibly could have saved the Administration some time. He noted this industry understands how easy it is to get this issue on a ballot and they have more money than any opposition group. He expressed concern that the City will have something forced on them, resulting in the City losing their ability to put safeguards in place. He is not sure a lot of safeguards would be required, because these businesses are not inviting crime or contributing to dereliction, but they are providing a product that people will obtain regardless of where they have to go to purchase it. They are losing out on the tax revenue they could be making, and the industry may end up dictating to the City what the future of marijuana sales in Sterling Heights looks like. He questioned as to whether there have been ballot issues in other cities where there are competing ballot initiatives. Mr. Kaszubski replied that he cannot recall any competing ballot issues in other communities. Councilman Yanez stated there has been one, but both initiatives were pro- marijuana, sponsored by two different groups. Mayor Taylor questioned the state requirement as to whether the City would be forced to hold an August or November election if the petitioners get enough Regular City Council Meeting Tuesday, February 7, 2023 Page 28 signatures to qualify, or whether they would have to wait until there is a scheduled election. Mr. Kaszubski stated he would have to look to confirm it, but the State schedules the elections. Depending upon what point the petitions are done would determine which election where this would be on the ballot. Mayor Taylor questioned City Clerk Melanie Ryska as to whether a group could force the City to hold an election if they submitted petitions in time, even if the City would not have had an election. City Clerk Melanie Ryska replied that it would be a Special Election. She replied to further inquiry that the cost is approximately $3,000 per precinct, and they have forty-three precincts. She clarified, however, that they can consolidate so it would be twenty-nine precincts, noting they just went through redistricting. Mayor Taylor calculated if a group wants to create a ballot initiative for an election, the City will not even know who is drafting it, who is behind it, what interests they own, etc. He questioned that if a ballot initiative is proposed, whether the City Council has the ability to pass something that renders the ballot initiative moot. Mr. Kaszubski replied it is a good question, especially given the recent Board of Appeals opinion on the minimum wage law. The City’s Charter provides for an option for the Council to adopt a proposal as an ordinance. He indicated he would have to research it further, but they could adopt an ordinance and then amend it, although he cautioned that it could possibly be litigated. Mayor Taylor questioned whether they could pass their own ordinance they adopt as City Council, possibly resulting in fewer people who would be inclined to vote on the ballot initiative. He further questioned whether another option could be to place a competing proposal on the ballot, with the hopes that the City’s competing proposal would ultimately receive the most votes. Mr. Kaszubski replied the City has the ability to put a proposed ordinance on the ballot, and if there is a competing ballot initiative, both would go on the ballot. The highest vote-getter would prevail. Regular City Council Meeting Tuesday, February 7, 2023 Page 29 Councilman Yanez stated that is what happened in the City of Port Huron, where a ballot initiative from the people was submitted. They did not turn the ballots in time and subsequently went to court. When it looked as though it was going in the City’s favor, the City quickly wrote an ordinance, but the ballot initiative ended up on the ballot and passed, so it overrode the City’s ordinance. Mayor Taylor questioned whether it is possible for the City to go through the process of developing an ordinance for the purpose of placing it on the ballot. Mr. Kaszubski believed the City’s Charter allows for that. Mayor Taylor appreciated the discussion and the passion everyone has on this topic. He acknowledged that, while marijuana is an extremely controversial topic, alcohol is not. He pointed out that Red Crab was awarded a liquor license transfer this evening with no objections. He stressed that alcohol is so much worse than marijuana, referring to alcohol as a deadly, poisonous substance that causes many issues. He added that he does not understand why marijuana has such a stigma when it is so much better than alcohol. He explained his biggest concern is that the City will get dictated to them what they will have to do if the laws are written by the people and not the legislators. Mayor Taylor addressed the concern about the seven City Council members making this important decision, commenting that there is no topic that is too important for City Council to vote on. He stressed that is the job of City Council, and every decision they make is important. He cautioned they will need to be flexible if they find that something is being proposed by the public or industry members as a ballot initiative. Councilwoman Ziarko stated she will take her chances with the marijuana industry submitting a ballot initiative, because if they are doing their research, they will already know that this City does not want it. She recalled what happened in Clinton Township when $40,000 was raised by people to say no against $300,000 to say yes, and the “no’s” won. Regular City Council Meeting Tuesday, February 7, 2023 Page 30 Mayor Taylor stated that was three years ago and things have changed. He indicated everyone has an opinion, but he cannot understand how people can look so unfavorably at marijuana and not be as concerned with alcohol. Councilman Yanez stated he brought this topic up for a couple of reasons. The first is that he believes the people deserve a voice in this, and up to now, the people have not had that opportunity. He noted the Task Force submitted their report, but people did not have an opportunity to respond to it. He disagreed with the comment that people are not asking for this, and he recalled there is a citizen who comes to the Council meetings on a fairly regular basis and asks about it because he wants to open a store. He added there are people who live in the City who are supportive of this industry, and there are tens of thousands of people who live in the City and consume marijuana. He was not aware prior to tonight that the City can put an ordinance on the ballot and let the people decide, and he felt that is an excellent idea because it would then be the City’s ordinance. Councilman Yanez stated the second reason he brought this up is because as they are going to start working on the next budget, there are a lot of needs in the City, and many of the department heads want help at higher levels. This will all cost money, in addition to ongoing costs, such as the Incubator, maintenance of trails and green spaces, etc. He pointed out that even if the tax revenues from the marijuana industry do not bring in large amounts of money, it would be some money to help pay for these things. He commented that cities have opted in, but none of them have repealed it, including Memphis, Michigan, where there was a repeal on the ballot and it failed. He is not aware of any business moving out of a community because they established a cannabis ordinance allowing dispensaries. He addressed the earlier comments about the image of Sterling Heights, noting it is a great community, with great parks and neighborhoods, but it does not have the reputation of Birmingham or Bloomfield Hills. He addressed an earlier comment about Ann Arbor, pointing out the “Hash Bash” is traditionally held on the University of Michigan campus and is not sponsored by the City of Ann Arbor. Regular City Council Meeting Tuesday, February 7, 2023 Page 31 He pointed out the City can raise taxes without going to the people because they have enough room under Headlee to raise taxes, and he added they will need to have that discussion. He agreed with Mayor Taylor’s comments about alcohol. He summarized by stating that he will be looking forward to the budget workshops so they can find other ways to generate income. Mayor Taylor stated that he does not have residents “banging down” his door to do anything he does here on City Council, and he indicated it is the same for all seven council members. He could not recall any residents approaching him for a Farmer’s Market Pavilion, an ice skating rink, a splash pad, Firefighter transport, etc. He indicated they do these things because they are the right things to do and they have to be forward-thinking. He asked his colleagues to keep an open mind because it is not the last discussion they will have on it. Councilman Radtke questioned when the front yard ordinance be submitted to them. He recalled they had asked for a report in sixty days and recalled it was going to be submitted to them in November. Mr. Kaszubski replied it is basically done and is scheduled to be in their packets. He indicated they were to receive an updated matrix. He acknowledged that it has been delayed due to changes in the State as part of a Supreme Court decision, and then it has been to Planning Commission several times because there is a zoning component. Councilman Radtke stated he likes to get things done within a year if they can. He questioned when the parking changes will come before them. Mr. Kaszubski replied he is not working on that, and he indicated that is being done by the consultant. Mr. Vanderpool noted that Council has requested a lot of reports, and although they are backed up, he assured they are trying to get through them as quickly as possible. He explained the possible changes on parking requirements has been reviewed by Giffels Webster, it has gone through extensive internal reviews, and it is ninety percent completed. He stated it will be done very soon. Regular City Council Meeting Tuesday, February 7, 2023 Page 32 Councilman Radtke commented that some reports are given priority over other reports, and that is why he questioned that status of the reports he requested. Mayor Taylor stated he is looking forward to seeing those reports soon. 11. UNFINISHED BUSINESS There was no unfinished business. 12. NEW BUSINESS There was no new business. 13. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there are three items for Closed Session this evening. 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting and go into Closed Session. Roll Call: Yes: Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez, Ziarko. No: None. The motion carried. The meeting adjourned into Closed Session at 9:37 p.m. and adjourned from Closed Session at 10:38 p.m. MELANIE D. RYSKA, City Clerk