City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, JULY 18, 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. Councilwoman Schmidt requested that Consent Item 8-J be pulled and made Consideration Item 9-D. Mayor Taylor stated that the agenda will be amended, with Consent Agenda Item 8-J becoming Consideration Item 9-D. Yes: All. The motion carried (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that the next City Council Meeting is on Tuesday, August 1st, which is the same night as the Sterling Heights Police Department’s National Night Out, so those in attendance can attend both the meeting and the event. He explained that National Night Out will be held here on campus in front of the Police Station at 5:30 p.m. and will go until 8:00 p.m. He indicated all of the usual activities will take place, including public demonstrations of public safety equipment, displays from Police and Fire Departments, and emergency service personnel will be on hand to speak to residents and address questions or concerns they may have. He added that there will be food and ice cream served as well, and it is a nice night for residents and children alike. Mr. Vanderpool explained they are embarking on updating their Visioning 2030 Plan that was developed ten years ago, and they are currently hard at Regular City Council Meeting Tuesday, July 18, 2023 Page 2 work on their Visioning 2040 Plan. They look forward to feedback from residents and businesses as to the city they would like to see in 2040, including improvements and bold ideas they need to be thinking about, as well as the pathway to get there. He added that this will be done through community forums, a business forum, and surveys, one of which will be posted on the website. He explained the process starts with good data, especially with respect to demographic data, and he invited SEMCOG’s (Southeastern Michigan Council of Governments) Forecast Coordinator, Jeff Nutting, to give a presentation this evening on the forecasting they have done. SEMCOG’s Forecast Coordinator Jeff Nutting shared information from their 2050 Regional Development Forecast. He explained that during the last five years, they have had a set of unique circumstances affecting the region, with the Covid pandemic causing a recession that resulted in a ten percent loss of employment throughout the region. They are still trying to recover those jobs and are trying to determine whether what has happened over the last five years will carry forward, or whether they will return to some sort of normalcy. He reviewed some of the key messages from their forecast, noting that population growth will be modest at 6.4 percent, or 315,000 people over thirty years, employment growth will be at 9 percent, and the labor force growth will be at 7 percent. The aging population is leading to a labor shortage. Mr. Nutting explained they also looked at alternative forecasts, such as in the event of immigration being reduced or eliminated, as well as the impact of electrical vehicles (EVs) on local manufacturing, noting the rate at which EVs are adopted will affect their employment situation. Mr. Nutting reviewed the key milestones over the next thirty years, noting in 2025 they will exceed three million jobs. In 2028, their senior population will outnumber their child population for the first time in the history of the region, with one in five people in the region being the age of sixty-five or older, and in 2029, the baby boom generation will be at least sixty-five years of age. In 2035, it is anticipated their population will exceed five million, health care will Regular City Council Meeting Tuesday, July 18, 2023 Page 3 become their largest employment sector, surpassing 400,000 jobs, and at the end of the forecast period, the entire baby boom generation, the largest in history, will be at least eighty-five years old. Mr. Nutting explained their SEMCOG vision is to get small towns, suburbs, and big cities together to take advantage of their natural resources and educational institutions in order to create a region that is a great place to live and work. He provided background information on the forecast, which is a population of age, race, households by type, housing units, employment by job sector, and this is done for the region, counties, communities, school districts, watersheds, and others. They prepare this for accurate planning for infrastructure. Mr. Nutting reviewed some of the most important regional trends, noting that in 2001, they reached their peak population of 4,849,108; however, they lost half of the population growth during the 2000’s. They were reclaiming that population and almost reached to where they were at the peak when Covid hit, which caused a dip; however, they anticipate returning to their peak population in 2027, and by 2035, they anticipate reaching over five million people, a 6.4 percent increase, compared to the United States, which is expected to grow by 14.4 percent. He showed a chart representing number of deaths compared to the number of births, and at a point in time, they anticipate there will be more deaths than births. He showed charts representing domestic migration of residents who have left southeast Michigan for other parts of the state and country, although he added they have done a better job recently of retaining residents. He indicated the bars on the chart that reflect international immigration, and by 2050, they anticipate this will grow to continue overall population growth in the area. He stressed that, without international immigration, growth will be much slower, and it will be difficult to maintain population stability. Mr. Nutting explained there is a rapid growth in their senior population, with people “aging in place,” and for the first time ever, they have more seniors Regular City Council Meeting Tuesday, July 18, 2023 Page 4 than children, which will be a challenge, especially for their school districts and facility planning. They also have a population increase of residents 85 years of age and older, which means the population of their other age groups is in decline. He indicated school age population peaked in 2002 with 935,000 students, and in 2022, that number is approximately one-quarter million below that number. They anticipate that will continue to drop until 2035, at which point it will level off. He addressed labor shortages, noting as the population ages, they are entering a period where they do not have enough workers for the jobs they have, affecting economic growth, so they need to attract more residents to their region. Most employment growth will happen between now and 2030, and it will drop off and remain steady and stable for the rest of the forecast period. With regard to the employment sectors anticipated to grow in the future, health care and social assistance are projected to be the fastest growing jobs in this region, followed by professional and technical services (engineering). Manufacturing and retail trade jobs are declining and will continue to decline as they shift to electric vehicles. There are some gains in transportation and warehousing which are replacing the retail jobs, so for every two retail jobs lost, one is gained back in this sector. He added there is a slight increase in construction jobs. Mr. Nutting discussed the growth in Macomb County’s history, and the population growth by community, decade by decade. He pointed out that once Sterling Heights started to grow in the 1960’s, it was consistently among the top five fastest-growing communities in Macomb County. They expect that to continue into the future, but the numbers are less than the boom period in the 1960s and 1970s. Sterling Heights has continued to maintain its share of the County’s growth. When comparing employment change in Macomb County, Sterling Heights was at the top beginning in 1970, but as the economy has begun to transition, the job growth numbers have gotten smaller, due to the labor shortage as well as the transition to electric vehicles, which require half the parts, half the labor, half the jobs, and half the suppliers. Regular City Council Meeting Tuesday, July 18, 2023 Page 5 They are adding jobs in other sectors, but they need to look at whether those job gains will mitigate the job losses in other sectors, so the next thirty years will reflect a region in transition. Mr. Nutting reviewed the Macomb County forecast, reflecting Sterling Heights will have very good growth at 9.2 percent population, above the 6.4 percent for the region. There will be a strong growth in household population, and a very large growth in assisted living/nursing home living. He talked about household characteristics in Macomb County, with a 10.3 percent increase in total households, a slight decline of 1.2 percent in households with children, but a large increase in households with seniors of 43.4 percent. They also see a continued decline in household size. Employment increase of 6.7 percent is slightly below the regional average, noting manufacturing is anticipated to drop by 10.4 percent and retail trade by 22.7 percent. He noted transportation utilities, including logistics jobs, are up 34 percent, professional technical services are up by 22 percent, and health care is up 28 percent, so communities should look to attract those types of businesses for future job growth. He noted that as far as community forecast, with regard to population, households, jobs, housing units, Sterling Heights is reflecting a slight but steady growth. The population increase is projected at 7 percent, which is a bit above the regional average of 6.4 percent. The population for children shows a slight decline. Housing growth remains steady, but household size continues to drop across the region. The projections illustrate that the top growth in the region will be seniors aging in place. Mr. Nutting explained how adding more housing units does not necessarily equate to a population increase because household size is decreasing from an average of 3.75 persons per household in 1970, and today into the future that average is down to 2.5 persons per household. He stated they can add housing over time, but they are filling those housing units with less people, which is why they can see a growth in new housing but do not see the numbers increase in population, although it will balance itself out over time. He talked about Regular City Council Meeting Tuesday, July 18, 2023 Page 6 manufacturing trends, noting if the transition to electric vehicles occurs faster than anticipated, the manufacturing job decline will be greater, whereas if it occurs slower, the manufacturing job decline will be less. He concluded his presentation by showing several charts reflecting these trends anticipated for Sterling Heights. Mr. Nutting stated SEMCOG has a lot of data resources that can be helpful in the City’s visioning project, and he offered to answer questions. Mr. Vanderpool stressed how important it is to understand data as they move forward. He noted they have significant manufacturing jobs in the City, and although the manufacturing industry is expected to decline, it is “alive and well” in Sterling Heights, so the community challenge is to how to continue to ensure those large employers and their suppliers continue to invest in Sterling Heights. Mr. Vanderpool thanked SEMCOG and recognized Ms. Amy Malmer, Membership Manager at SEMCOG. He stressed that SEMCOG does so much more than demographic projections, noting they were instrumental in working with the City to get $100 million grant from the federal government for the Innovate Mound Project, as well as helping the City improve Dodge Park with the new bridge system over the Clinton River. They are working on a $3 million project with SEMCOG along M-59, installing new pathway along Dobry, a 10-foot-wide path from Dequindre to Utica, replacing fencing, etc., so they are a very valuable partner for the City, and he reiterated his thanks. Councilman Radtke noted before the census, they estimated the population would be over 135,000 residents in Sterling Heights, yet the census numbers came in lower. He questioned whether SEMCOG believes people moved back and then left again after the Covid pandemic. He questioned how the dip in numbers is factored in. Mr. Nutting stated he trusts SEMCOG’s population numbers more than the Census Bureau’s population numbers. He noted there is a great deal of variability in the Census ACS data platform, which are the estimates they see Regular City Council Meeting Tuesday, July 18, 2023 Page 7 every year as opposed to the science census which is taken once every ten years. There is a lot of unexplained variability in those numbers, and he referred to differential privacy, where they replace actual counts with estimates in order to “fuzz the numbers,” which adds more variability. They see many communities where the census numbers from the ACS will go up and down, sometimes jumping as much as 8,000 to 10,000. He clarified the Census does a lot of good work and provides a lot of excellent data, but he has more faith in SEMCOG’s estimates. Councilman Radtke stated he would like to see the creation of a MENA (Middle Eastern and North African) category on the census so they can properly ascertain their population, adding that Sterling Heights has a large contingent of people who would fall into this category. He questioned whether other communities are pushing back on the census results, adding the numbers on the census do not make sense to him. Mr. Nutting explained SEMCOG is working with the City of Detroit on their challenge, providing background information. They have identified some information with the Census Bureau’s permit system they use to collect building and demolition permits in order to adjust their own internal estimates. They are hoping to provide better permit data for their challenge. He responded that, in terms of supporting another category, they would be in favor of it, adding that the more refined the data is, the better job SEMCOG can do in looking into the future. The better refined a population is, the better they are able to locate them. Councilman Radtke thanked Mr. Nutting for his presentation. Mayor Taylor appreciated the work that SEMCOG does, and he is very appreciative of the partnership the City has with SEMCOG. Mr. Vanderpool stated he is pleased to introduce the next item in his report. He informed the City has an annual awards program where they recognize the good work of their employees, and throughout the year, they have employees who are recognized for one reason or another. He introduced Regular City Council Meeting Tuesday, July 18, 2023 Page 8 Community Relations Director Melanie Davis to talk about a very special Hometown Award recognition. Community Relations Director Melanie Davis stated she is proud to announce that SHTV’s Bob Sergott, Broadcast Programming Specialist, and Police Captain Colleen Hopper with the Investigative Services Division have recently won a Hometown Media Award from the Foundation for the Alliance for Community Media for their work on a documentary titled “Every Fifteen Minutes: A Sterling Heights Story”. She stressed this is a national award for excellence in public programming nationwide. This documentary won the “Best Of” award in the category of Original Film or Drama. She provided some background on this documentary, which began with the California Highway Patrol in the 1990s. She explained the program received its name due to the fact that in the United States, someone dies or is seriously injured in an alcohol-related traffic collision every fifteen minutes. She emphasized this was a massive private/public collaborative partnership effort between SHTV, Sterling Heights Police and Fire Departments, Warren Consolidated Schools, 41A District Court, Henry Ford Health System, Utica Van Dyke Towing, Wasik Funeral Home, EA Graphics, and the Traffic Improvement Association in order to warn the public of the dangers of drinking and driving, and to show the negative impact on so many lives. She explained how this entry was chosen for this award. SHTV values the partnerships they have with all of their City departments and community members in putting together their programming. She stated Mr. Sergott received this award in person last month at the ACM Conference in Brooklyn, New York, and a short video was shown. She invited Mr. Bob Sergott and Capt. Colleen Hopper to re-accept the award and speak about the project. Mr. Bob Sergott stated it is a great honor, adding this would not have won without their partnership with Sterling Heights High School, especially Principal Craig Miller. He also credited Capt. Hopper who got the entire Police Department involved and did a fantastic job. He explained they started Regular City Council Meeting Tuesday, July 18, 2023 Page 9 this video in 2019, had to take a two-year break because of the Covid pandemic. He stressed this could not have been done without Warren Consolidated Schools and Principal Miller, Police Capt. Hopper, the Police and Fire Departments, including the Police Chief, Henry Ford Hospital, City Council, City Management, the Community Relations Department, and Broadcast Services Coordinator Dan Rizek. Mr. Sergott noted that this meeting has been going on for 45 minutes so far, and in that time, three people have been killed or seriously injured in car accidents, and he urged everyone to use a ride service or call a family member for a ride when necessary. Capt. Colleen Hopper thanked Mr. Vanderpool, Mayor Taylor, and City Council for taking the time to recognize them for this award this evening. She thanked Police Chief Dwojakowski for allowing her to take on this program, adding it would not have happened without his support. She stressed it is such an important message for everyone to not drive while under the influence of alcohol or any substance that might impair driving judgement. She thanked Mr. Sergott and SHTV, adding she could not have asked for a better partner. She also thanked Warren Consolidated Schools, particularly Dr. Livernois and Sterling Heights High School Principal Craig Miller, for their partnership. She extended her thanks to the Traffic Sergeants, along with all of their community partners. She encouraged everyone to watch the video on YouTube. Mr. Vanderpool invited Police Chief Dale Dwojakowski to make a presentation on another important employee recognition and, at the request of Councilwoman Schmidt, to talk about the new statewide cell phone law now in effect. Police Chief Dale Dwojakowski stated Sgt. Lamar Kashat was recently promoted to his position. He is a Chaldean American and has been with the Sterling Heights Police Department for eight years, being a part of everything they do at the Police Department, and he was recently featured in the Regular City Council Meeting Tuesday, July 18, 2023 Page 10 Chaldean News as someone special in this field of law enforcement. Chief Dwojakowski stated a couple of weeks ago Sgt. Kashat made a traffic stop at 17 Mile and Mound Road for a speeding violation found ten pounds of loose marijuana, four hundred glass jars of marijuana wax, along with $105,000 in U.S. currency. There was a warrant for the arrest of the driver, and it had just been a random stop by Sgt. Kashat as he was doing his job. He invited Sgt. Kashat to talk about his journey as a police officer in Sterling Heights. Sgt. Lamar Kashat appreciated City Council, the City government, the Police Administration, and he explained that law enforcement in the Chaldean community is not sought after, and in Iraq, they do not call the police but rather it is a system of government. He stated when he was six years old, a police officer came into his father’s liquor store and was very motivated with a positive attitude, and at that point, he knew that was going to be his career choice. During recruitment when he first came to Sterling Heights, he did a ride-along as a civilian, but he was able to translate for one of their officers. He knew this is the community in which he would like to serve. He stated since he has been hired, they have been able to hire and retain three additional Chaldean police officers, and he stressed the nice part about this community is that regardless of race or gender, everything is earned, whether it is in the hiring or field training. He stressed he is proud to be a part of an organization that does things right. He knows the City continues to recruit and promote the Chaldean community population and he is happy to be a part of it. He is confident they can all work together to continue to grow the City, and he appreciates the opportunity. Chief Dwojakowski invited Stacy Bahri of the Chaldean Community to highlight a couple of the programs they are working on with the Police Department. Ms. Stacy Bahri of the Chaldean Community Foundation congratulated Sgt. Kashat on his hard work to get his well-deserved honor. She thanked the Sterling Heights Police Department for their continued support and Regular City Council Meeting Tuesday, July 18, 2023 Page 11 partnership, stressing they have done a great job in engaging with the entire community, especially the Chaldean community. She noted they have been very active in many of their initiatives, including recruitment events, safety training for their staff, and various town halls and community forums to educate the greater community. She commended them for always being a call away when needed. She was recently asked to be on Talk’n the Beat podcast with Officer Reynolds and Officer Coates about the work the Chaldean Community Foundation is doing in Sterling Heights and the greater community, and that podcast will most likely be featured in the next couple of weeks. She provided some information on the Chaldean Community Foundation. She emphasized they look forward to the continued partnership with the Police Department and the City. Chief Dwojakowski talked about what the Police Department is doing to engage, educate, and recruit. He stated they started a very successful mini web series on Facebook where they are featuring and highlighting local businesses, and he expressed appreciation to SHTV. He explained they now have thousands of people subscribing to their podcast, Talk’n the Beat, where they cover issues ranging from mental health, drug issues, and many other topics discussed by many guests. Their Clergy Forum meets every quarter, and they work with all houses of worship, forming a great partnership. They work with the African American Coalition that recently held their Juneteenth event. He stressed they offer the SmartMoves program in nineteen of the elementary schools, with officers working with these kids for ten weeks every school year, stressing the dangers of drug use, vaping, marijuana, and social media decisions. He addressed their recruitment efforts, showing photos of recent job fairs in which they participated at the Chaldean Community Foundation, another job fair in Detroit, as well as all over the state of Michigan. Chief Dwojakowski addressed the hands-free driving law which went into effect at the end of June. They had a full public media campaign, doing traffic Regular City Council Meeting Tuesday, July 18, 2023 Page 12 stops and informing the stipulations of the new law, which require that a driver cannot have a phone in their hand, nor can they manipulate it with their hands. He stated this is one of the biggest changes they have seen in driving in the last twenty years, and they know it will save lives. Their officers were encouraged to educate and warn for the first few weeks, and they will be writing tickets very soon. They know that distracted driving causes the majority of accidents, so they are working on that now and have some overtime details coming up that will focus on nothing but the hands-free driving law. Mr. Vanderpool concluded his report by showing a three-minute video on the upcoming Sterlingfest taking place from July 27 through July 29 at Dodge Park and on the City campus. 6. PUBLIC HEARINGS A. Mayor Taylor stated this is to consider the application by Mancini Holdings 42540 LLC for a Speculative Building Designation at 42540 R Mancini Drive. He invited Senior Economic Development Advisor Luke Bonner to give a presentation. Senior Economic Development Advisor Luke Bonner stated this is a speculative tax abatement for a new 42,000-square-foot building at 42540 R Mancini Drive. He stated this is the last lot that Mancini Holdings has, although they are looking for more opportunities for new development. He explained that industrial continues to be in major demand in the City, and the speculative designation allows them to proceed with construction and holds the opportunity for a future tenant to come back in up to nine years to apply for an Industrial Facilities Exemption Certificate. He noted this would be the third speculative designation that Mancini Holdings has taken advantage of, with the first being leased to Ultimate Hydroforming in the North Van Dyke Avenue District, and the second lease was just signed by Tunkers-Mastech, who will be expanding to the former site of the State Police Post. He pointed out these were two local businesses that expanded, and they are hoping this Regular City Council Meeting Tuesday, July 18, 2023 Page 13 third building will support another local company expansion in the future, or potentially a new company coming into the City. Mr. Bonner introduced Mr. Nico Mancini, the next generation of the Mancini family. Mr. Nico Mancini stated they are very appreciative of this consideration. This tax abatement will allow them to continue construction and market their property without holding off until they have a secured tenant. These tax abatements have brought them much success, and he stressed they are very thankful for that opportunity. Mayor Taylor opened the public hearing and invited comments, but no one spoke. Mayor Taylor closed the public hearing. Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the resolution approving the application by Mancini Holdings 42540 LLC to designate the new industrial facility being constructed at 42540 R Mancini Dive as a speculative building in accordance with Public Act 198 of 1974. Councilwoman Schmidt thanked the new generation of Mancini’s for coming in and continuing to invest in this community. She stressed it has been a pleasure to have their organization in this community for decades, and she is pleased that they continue to choose to invest in it. She mentioned her son is in manufacturing, and they outgrew their Sterling Heights facility and were forced to move to a different community because there was nothing available at that time. She is pleased this gives companies wanting to expand the advantage to stay in Sterling Heights, and she wished them luck. Yes: All. The motion carried (7/0). 7. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider introduction of an ordinance amending the City Code of Ordinances to increase the number of members and modify the composition and responsibilities of the Sustainability Commission. He invited Alexis Richards, Planner II, to give a presentation. Alexis Richards, Planner II, stated she is here on behalf of the Sustainability Commission to talk about the potential introduction of an ordinance Regular City Council Meeting Tuesday, July 18, 2023 Page 14 modification that would increase the number of members and modify the composition and responsibilities of that commission. She provided background on the ordinance creating the Sustainability Commission, which was adopted by City Council at their March 17, 2020 regular meeting. This provides for a five-member commission, with one of those members being able to reside outside of Sterling Heights. She provided information on the achievements of the Sustainability Commission, and they are now recommending an amendment to the ordinance that amends Chapter 2, Article III to increase the size of the commission from five members to nine members, with the number of non-residents members increased from one to two. She explained the initial appointments of the additional four members would be for three years for one member, two years for another member, and one year for the remaining two members. This would also move the reporting from the Commission to City Council on their accomplishments from June/July to February, or at Council’s earliest convenience. This aligns the Sustainability Commission with other City boards and commissions that are required to provide annual reporting. She noted Nathan Inks, Chairperson, is present this evening, and they are both available for questions. She added that their next meeting is tomorrow at 6 p.m. in Room 106, and they meet the third Thursday of every month. Mayor Taylor opened the floor for public comments, but no one spoke. Moved by Sierawski, seconded by Radtke, RESOLVED, to introduce the ordinance amending Chapter 2, Article II, Division 14 of the City Code of Ordinances to increase the number of members and modify the composition and responsibilities of the Sustainability Commission. Mayor Pro-Tem Sierawski stated she is happy to recommend and support this amendment. She commented that the Sustainability Commission has already made great strides in the three years it has been in existence. She stressed this is their future, and they need to continue to find ways to maintain a sustainable planet, especially when it comes to clean water and materials that are not harming the environment. She is in favor of having more members on this Commission to increase their ability to get more done. Regular City Council Meeting Tuesday, July 18, 2023 Page 15 Councilman Radtke stated he is in favor of this ordinance, noting that the Sustainability Commission has already done a lot. He is confident this will be beneficial to the entire City, adding that they won an award last year for the great work they have done. Councilwoman Ziarko questioned Ms. Richards on the qualifications of the non-residents who would be a part of this Commission. She inquired as to whether they would be looking for an expert in the area of sustainability, or whether they would be looking for a business owner who does not live in the City but would be willing to serve. Ms. Richards replied that the answer is yes to both. She noted that non- residents who have experience in sustainability would be welcome, as well as business owners. Councilwoman Ziarko recommended that when asking people to serve on this Commission, they may make mention that those are the types of people they are looking for to fill those two positions. Councilman Yanez commented that this is one of the brightest groups of people he has had the opportunity to interact with in the City. He emphasized they are very dedicated and very knowledgeable , and if there is something they do not know, they work to find out the information. He agreed they have done award-winning work, and he is proud of what they have done. He looks forward to what they present to the City in the future. He asked Ms. Richards if it is their intent to start breaking the committees down into subcommittees. Ms. Richards replied they already have three subcommittees in the Commission: Green Energy, Recycling, and Storm Water. She felt the intention would be, with the expansion of the membership, to add on another committee at the purview of the Sustainability Commission’s interest. Yes: All. The motion carried (7/0). B. Mayor Taylor stated this is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the south side of Metropolitan Parkway, east of Dequindre Road, Regular City Council Meeting Tuesday, July 18, 2023 Page 16 in Section 30, from C-2 (Planned Comparison District) to C03 (General Business District); Case No. PZ23-0002. He invited Dr. Jake Parcell, City Planner, to give a presentation. Dr. Jake Parcell explained this is an introduction to an amendment to the Zoning Ordinance for a conditional rezoning for an El Car Wash, from C-2 to C-3, to allow for construction of an automobile wash facility. He stated this went through the Planning Commission’s public hearing process, was recommended for approval by a vote of 7-0 on May 10, although some changes have occurred from that meeting that he feels will improve the project. He showed the zoning map, reflecting the existing C-2 zoning of the currently vacant land. He pointed out this is the corner of Dequindre and Metropolitan Parkway, and it is a unique L-shaped parcel, wrapped around an existing gas station that is zoned C-3. Across the street is the City of Troy, and there are two frontages on the parcel. It abuts a large parking lot belonging to Lowe’s and Target, some small commercial suites, and a few drive-through restaurants. On the northern side of the property, in the City of Sterling Heights, there is another set of commercial plazas, and he noted one existing car wash located approximately five hundred feet away across Metropolitan Parkway. Dr. Parcell explained that City staff believes that providing service on each side of the street is important since the corner anticipates an average of 58,433 vehicles per day, one of the most well- traveled corners throughout the western side of the City. He added the Master Land Use Plan designates it as original commercial, which is fitting due to its location to the adjacent City of Troy. They believe this use will attract customers coming into the City on that side of Dequindre, as well as customers traveling to this particular plaza. An aerial image was shown, depicting a flat, unused vacant site, with some small trees along the front, and bushes behind the existing gas station. He showed a Google street view of the property. He pointed out that the gas station is zoned C-3, and the subject property completely envelops that parcel and is separated from the C-2 zoned Regular City Council Meeting Tuesday, July 18, 2023 Page 17 property from that point. They are proposing a 2,710 square foot building on the site that is approximately 1.2 acres in size. The lot has two frontages, creating difficulty in addressing setbacks for site design. There are twenty- two vacuums on site, and they have corresponding parking spaces with a pergola along them. They are along the eastern and southern sides of the site. They were concerned with having two curb cuts for traffic entering on site, but the entrance will occur through the access lane in the Lowe’s parking lot to avoid stacking on the major thoroughfares. There is heated concrete along the exit drive so there will be no ice buildup, eliminating any potential dangers, slipping when people are using the vacuums, and integrating with the traffic when leaving the site. He noted the dumpster location has been changed from the plan submitted to the Planning Commission, and the new location helps traffic flow better. He added that the proposed material has been changed from EIFS (External Insulation and Finish System) to StoPowerwall reinforced Stucco, which is more durable. It is believed that the proposed use is generally in line with the Master Plan Land Use designation of a Regional Commercial zone. The proposed use is not located in any overlay district and is not affected by the existing moratorium on automobile washes or drive-throughs in the City. They believe the applicant is using a completely vacant, uniquely shaped lot that has posed some development challenges in the past; however, they are still complying with the majority of the ordinance requirements, only asking for one modification. He explained that modification is accessory structures in the front-yard setback, noting that the pergolas are being classified as “accessory structures,” so about twenty are in the setback, although they are not considered site-obscuring. They are located about thirty-five-and-a-half feet from the property line, but he clarified it is not a building, but rather a cover for those backing up their car in the event of inclement weather. Dr. Parcell stated they have a robust landscape plan to help screen the traffic from Metropolitan Parkway and Dequindre, making sure the site is well- Regular City Council Meeting Tuesday, July 18, 2023 Page 18 landscaped and ties nicely into the corner. A floor plan was depicted, as well as elevations, and an artist’s rendering of the site. He reiterated that the construction material has been changed from EIFS to a type of stucco that is reinforced with meshing under it, noting it has an extended warranty and is waterproof and weatherproof. They have added masonry along the base layer, metal paneling and Hardie Board. He believed it would be a nice product. He offered to answer questions, and indicated the applicant also has a presentation this evening. Mitchell Harvey, of Stonefield Engineering, 607 Shelby Street, Detroit, Michigan, introduced applicant Samantha Bergner, representing El Car Wash and the developer. He explained they are seeking a conditional rezoning to C-3 for the L-shaped lot located in front of Lowe’s. He noted this site is master planned for regional commercial use, and car washes are consistent with this overall goal. The car wash attracts customers from different areas and neighborhoods of the City. He pointed out the parcel is unique because it is long and narrow, has been vacant for many years, and the only conducive use is a car wash because of a long and narrow tunnel-like building for the cars to go through. He emphasized they are not spot zoning because the existing Shell Gas Station is already zoned C-3, so this will be an extension of that zoning and will not create an island of C-3 zoning. He pointed out they will be using cross-access to the ring road, with no new curb cuts onto Metro Parkway or Dequindre, both very busy throughfares. They will be using the existing driveways to the site. He pointed out that people are not generally making a specific trip to a car wash, but it is a place they stop when they are already on their daily travels to/from work, school, dining, shopping, etc., so they do not believe it will generate a lot of new traffic on those two roads. He reviewed the site plan, noting they have provided adequate stacking of three lanes along the east side, and a pedestrian sidewalk has been extended through the site, along with bike racks and outdoor break patio areas. The site will be well-lit with LED fixtures and will be dark sky compliant. There is Regular City Council Meeting Tuesday, July 18, 2023 Page 19 significant landscaping throughout the site, with fifteen additional trees of different species, along with shrubs and plantings. They believe the site plan meets the requirements specific to the rezoning and will be a good development. He invited Ms. Burgner to talk about the unique aspects of this specific car wash. Ms. Samantha Burgner, representing El Car Wash, provided a presentation about the history and background of their operations. She stated they are based in southern Florida but have opted to enter the Michigan market. They are a very community-involved company, and they offer “takeover days,” where local community groups can use their facility for the day as a fundraiser, and fifty percent of the revenue goes back to that fundraising group. They are very environmentally friendly, and due to the investment of El Car Wash’s equipment package, they reuse close to ninety percent of water through reverse osmosis. They focus on biodegradable chemicals and materials. They put mufflers in the dryers at the end of the car wash to reduce the noise, as well as fully encasing their vacuum producers. They have five to eight employees on site at one time, and they are there to serve the customer. She added the tunnel is fully automatic, and there are no towel dryers at the end, so the employees are there solely to help the customers. Mayor Taylor opened the floor for public comments. • Charles Murphy, of Clark Hill PLC – representing John Massoud and Michelle Massoud, owners and operators of Metro Car Wash for forty years and residents of Sterling Heights; he recalled twenty years ago the gas station at the corner of Metro Parkway and Dequindre sought to build a car wash and it was denied by the City; stated this proposed car wash is only 540 feet away from Metro Car Wash; concerned that this will impact the small business proprietors against a national company coming in to crush their competition across the street; expressed concern that a car wash that can accommodate 21 cars with additional stacking space for another 22 cars will create additional traffic and increase hazards to life and property; quoted one of the purposes of the Zoning Ordinance is “to promote public safety to ensure land uses are situated in appropriate locations and relationships”; pointed out the same type of business is already 540 feet away; complained about safety concerns regarding the setback request for the pergolas; suggested City have a traffic study done prior to approval of this rezoning request; property could have another reasonable use, noting three car washes within a mile, six within two miles if the rezoning is approved, and twenty-three car washes in the City; respectfully requesting denial of this request. Regular City Council Meeting Tuesday, July 18, 2023 Page 20 • John Massoud – owner of Metro Auto Wash across the street from the subject property; concerned it will put him out of business; concerned about the amount of water that will go through the site with so many cars, and it will cause a dangerous situation; opposed to this proposal. • Sam Mass – son of the owners of Metro Auto Wash; expressed opposition to this proposal, noting there is already one fully-operable family-owned car wash across the street; difficult for small businesses to compete with national chains, and stressed small businesses have community ties; commented he read about these and the company is selling car washes to investors as assets, serving as private equity firms; concerned about increased traffic issues. • Michelle Massoud – commented this is a nice car wash but does not belong at this location; concerned about dangerous situation getting in and out and will add to traffic congestion; pointed out no one would be drying these cars, so they will drip water on the main road as they pull out, and that water will freeze, causing hazardous conditions; requested that Council consider the safety issues involved, the increased traffic involved, and deny this request. • Antonio – owner of a car wash a short distance away; concerned this is a large chain concerned with number of assets they have but is not a community-based car wash; commented it is not fair for a big corporation to construct a car wash and take all of the customers away from the family-owned car wash across the street that has been there for years. Moved by Radtke, seconded by Taylor, RESOLVED, to introduce the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the south side of Metropolitan Parkway, east of Dequindre Road, in Section 30, from C-2 (Planned Comparison District) to C-3 (General Business District); Case No. PZ23-0002; and direct Applicant to proceed to finalize a proposed conditional rezoning agreement so the City Council can further evaluate the offer of conditional rezoning of the subject proper at the August 1, 2023 regular meeting. Councilman Radtke questioned Dr. Parcell whether there will be a sidewalk from the Dequindre Road access point to the back of the site. He appreciated the sidewalk along the front. He questioned whether there was any discussion with the applicant about adding a sidewalk to the south side of the site. Dr. Parcell replied there was discussion about providing access, but it is something they would look at in doing their final site plan review. They believed part of the cross-access easement would involve working with Lowe’s because the lot line ends at the curb. He does not believe it would cause an undue burden on the applicant to provide that sidewalk. Regular City Council Meeting Tuesday, July 18, 2023 Page 21 Councilman Radtke questioned whether the petitioners would consider adding a sidewalk on the south end of the site or asking Lowe’s to provide that sidewalk to connect to Dequindre. Ms. Burgner replied that they would not have an issue in considering that request. Councilman Radtke appreciated the presentation by the representatives for Metro Auto Wash. He has spoken to their family in the past, and he admitted this is a tough situation. He does not want to see a small business have to worry about their future, but the proposed property is a unique site, and although he is not a huge fan of car washes, he commented it is a very good use of the site. He does not consider it spot zoning and pointed out it will fit in well. He stated it is confusing that the concerns expressed by the Metro Auto Wash owners/representatives indicate it will cannibalize their business but also add more traffic, because if it cannibalizes their business, it would be the same number of cars going to a different business. If it is adding cars, then there would be plenty of business for everyone. He stated he will be voting in favor of this, noting that in the United States, they live in a capitalist society, and corporations have a right to do business. He commended the applicants on the nice-looking site plan. Mayor Pro-Tem Sierawski stated, while she believes in capitalism and making sure businesses have a right to do business, she does not believe this is the right place for this proposed plan. She questioned where Antonio’s car wash is located. Antonio replied his car wash is at 15 Mile and Dequindre, which is less than a mile away from the proposed site. Mayor Pro-Tem Sierawski pointed out this is not a heavily populated residential area, but is an area where people are driving through. She noted that many times, people go to the closest car wash to their home to get their cars washed, and there are already two car washes in that area. While she does not like to see this corner remain vacant, she does not think a car wash Regular City Council Meeting Tuesday, July 18, 2023 Page 22 generating a lot of traffic is appropriate for that corner, so she will be voting no. She added that she would like to see small businesses that support multiple generations continue, and that is the type of business she likes to see in her community. She acknowledged anyone trying to get a franchise going is also pursuing the American dream, so she is not discrediting them, but she reiterated she does not feel this is a good location for the proposed plan. Councilwoman Ziarko questioned whether this car wash was already in the works when Council recently placed a moratorium on car washes. Mr. Kaszubski replied this car wash is not affected by the moratorium because it is not in a protected node. Councilwoman Ziarko felt the proposed car wash is great but not at this location, and she felt they would be oversaturating this area with that use. She recalled in 2002, she voted against a car wash at 15 Mile and Mound, and although it was approved, it was never built. She stated if someone owns property, they have the right to develop it; however, she pointed out that the car wash does not own this property. Councilwoman Koski explained that she is not comfortable with this layout and is concerned about the traffic pattern with a lot of movement and many cars in a small area with a shared driveway. She added that she does not feel this is a good fit for this location. Mayor Taylor thanked the owners of Metro Auto Wash for meeting with him and sharing their concerns. He stated even though this will likely get turned down, he will be voting yes. He appreciates what the owners of Metro Auto Wash have done for the community and their commitment to this community, which is admirable. He commented that any small business that provides a benefit and service to their community is the purpose of the economy to freely trade goods and services to other people without restriction. People can go where they would like to purchase these goods and services, and the more options there are, the better the outcomes for the residents. Mayor Taylor Regular City Council Meeting Tuesday, July 18, 2023 Page 23 pointed out the City has the ability to be very strict with their regulations and who they allow to come into their community, as well as how they zone it, but the more restrictive they are in trying to plan the economy, the worse the outcomes are for the public. There is a fine line between doing what benefits the public and doing things that do not benefit the public. He stressed he trusts the City’s Planning Department, their Planning Commission, their Engineers who have determined this will be safe in this location, and he pointed out there are not even any curb cuts on Metropolitan Parkway or Dequindre. He compared this to a much smaller version of what Walmart has done to the country, and it can be debated whether big national corporations are good for the American public or not. He expressed concern that they are saying they will not let a national company come in and provide a different level of service because they have a small business owner living in the community who would be potentially displaced by it. He is not comfortable voting no on this proposal because it will protect a small business. If the amount of competition is reduced for that reason, it is a good outcome for the small business owners and their family, but he is not sure the customers in Sterling Heights benefit, especially since this is a very heavily populated residential area in the City. He noted that competition produces the best services and price for the public, but if there are legitimate reasons why this should not be approved because of traffic concerns, safety concerns, chemicals, etc., he has not heard them in this case. He added this is a vacant parcel that may not get developed, and the owner of that property has a family as well. He admitted it is a tough call, but he reiterated he is not comfortable voting no only to pick a winner and a loser. Roll Call Vote: Yes: Radtke, Taylor. No: Schmidt, Sierawski, Yanez, Ziarko, Koski. The motion failed for lack of votes (2/5). 8. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda as amended, with the moving of Item 8-J to Consideration Item 9-D. He opened the floor for public comments, but no one spoke. Regular City Council Meeting Tuesday, July 18, 2023 Page 24 Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended: A. To approve the minutes of the Regular Meeting of July 5, 2023. B. To approve payment of the bills as presented: General Fund - $1,082,688.66, Water & Sewer Fund - $3,256,463.35, Other Funds - $3,022,401.20, Total Checks - $7,361,553.21. C. RESOLVED, to: 1. Adopt the resolution approving Contract No. 23-5262 between the Michigan Department of Transportation and the City of Sterling Heights for the Ryan Road Resurfacing, Metropolitan Parkway to 18 Mile Road, City Project #22-390, and authorizing the Mayor and City Clerk to sign the contract on behalf of the City. 2. Authorize a budget amendment to use $95,413 of Major Road Fund Balance Reserves to complete the project. D. RESOLVED, to purchase the West Complete and miscellaneous subscription services for the 41A District Court law library from Thompson Reuters / West Publishing Corporation, 610 Opperman Drive, Egan, MN 55123-1396, for a period of five years and authorize the City Manager to sign all required documentation on behalf of the City. E. RESOLVED, to purchase software licenses and implementation services for the SHIELD Complete IT Helpdesk application from Nordicom Technologies, 43155 Main Street, Suite 2208, Novi, MI 48375, at the unit pricing proposed for a three-year period. F. RESOLVED, to purchase police vehicle upfitting services from Canfield Equipment Service, Inc., 21533 Mound Road, Warren, MI 48091, at pricing terms extended from the proposal accepted by the City of Sterling Heights on March 16, 2021, as amended to include negotiated pricing for upfitting of Dodge Durango traffic enforcement vehicles and Chevrolet Tahoes, and authorize the City Manager to sign all required documentation. G. RESOLVED, to accept the proposals by Nordicom Technologies, Inc., 43155 Main Street, Suite 2208, Novi, MI 48375, for the maintenance and daily administration of the City's wide area network infrastructure and firewalls for the period July 1, 2023 to June 30, 2024 at a cumulative cost of $56,700 and authorize the City Manager to sign the statements of work on behalf of the City. H. RESOLVED, to: 1. Purchase nine (9) police investigative vehicles at dealership pricing available through State of Michigan MiDeal cooperative purchasing contracts at a cumulative cost of $343,330.85; 2. Purchase one (1) 2023 Chevrolet Malibu from Berger Chevrolet, Inc., 2525 28th Street S.E., Grand Rapids, MI 49512, at dealership pricing available through State of Michigan cooperative purchasing contract #071B7700177 at a cost of $21,878; 3. Purchase two (2) 2023 Dodge Durangos from LaFontaine CDJR – Lansing, 6131 South Pennsylvania Avenue, Lansing, MI 48911, at dealership pricing available through State of Michigan cooperative purchasing contract #071B7700183 at a cumulative cost $87,325; and 4. Authorize budget amendments to Federal Forfeiture Funds in the amount of $108, Gambling Forfeiture Funds in the amount of $28,330.85, and $4,095 in Capital Fund Reserves. I. RESOLVED, to purchase two (2) Dell S4148-F-ON Core Switches, inclusive of accessories, warranties, and technical support, from People Driven Technology, 6300 Venture Hills Blvd. SW, Byron Center, MI 49315, through the Midwestern Higher Education Commission master price agreement, #MHEC-04152022, at a cumulative cost of $38,697. J. This item was moved to Consideration Item 9-D. Regular City Council Meeting Tuesday, July 18, 2023 Page 25 K. RESOLVED, to receive the lawsuit, Walter Dydyczyn, et al v. Sterling Heights Police Department; 41A District Court Case No. S-23-1885- GZ. L. RESOLVED, to: 1. Accept the proposal by Celtic Corporation, d/b/a Teoma Systems, 560 Kirts Blvd, Suite 120, Troy, MI 48084, to complete audio-visual upgrades in fourteen conference rooms at a total cost of $130,105.76; and 2. Accept the proposal by Mando Construction, Inc., 75 Lafayette Street, Suite 100, Mount Clemens, MI 48043, for the remounting of fifteen Sharp Aquos smart boards at a total cost of $15,450; and 3. Authorize the City Manager to sign all required documentation on behalf of the City. Yes: All. The motion carried (7/0). 9. CONSIDERATION A. Mayor Taylor stated this is to consider the request by Dinmar Corporation to transfer an ownership interest in a Class C liquor licensed business located at 44819 Hayes Road by 2014 stock transfer from Maria Ljdjuraj to Ilir Ivezaj. Applicant Leonora Ivezaj stated this has been a family-owned business in the City of Sterling Heights since 1982, when her aunt and her mom started the business. She explained her aunt moved to Florida and gifted her brother her shares in the business. They are requesting consideration to transfer the ownership to her brother. Mayor Taylor opened the floor for public comment, but no one spoke. Moved by Radtke, seconded by Sierawski, RESOLVED, that the request by Dinmar Corp., a Michigan corporation, to transfer an ownership interest in a Class C liquor licensed business located at 44819 Hayes Road by means of the 2014 transfer of 2,500 shares of common stock from Maria Ljdjuraj to Ilir Ivezaj be considered for approval. Councilman Radtke stated this is another great small business in their City operated as Wellington Pub. He knows the family personally, they operate a great small business, and he is in favor of this request. Councilwoman Ziarko questioned whether an application has already been approved by the State of Michigan when it comes before Council. Mr. Kaszubski replied it could already be approved by the State, but the City’s recommendation is strictly taken as a recommendation, and the State makes the decision. He assured that the City’s opinion is taken into consideration. Regular City Council Meeting Tuesday, July 18, 2023 Page 26 Councilwoman Ziarko felt it is the right idea to transfer it, but she questioned whether the three applications before them tonight have gone before the State. City Clerk Melanie Ryska replied to inquiry that the application has been submitted to the State, but she is not sure whether or not the State has approved that transfer. She added that Mr. Kaszubski is correct that the State takes the City’s recommendation into consideration, but the transfer does not require the City’s approval. Yes: All. The motion carried (7/0). B. Mayor Taylor stated this is to consider a request to transfer ownership of a 2023 Class C liquor license, with Dance-Entertainment Permit, Sunday Sales (AM & PM), Outdoor Service Area and 32 Additional Bar Permits, from Hillside Productions, Inc., to Levy Premium Foodservice Limited Partnership. Mr. Steve Grobbel, Liquor Licensing Attorney, and Mr. Roger Brown, Director of Operations for Levy Premium Foodservice Limited Partnership, were present. Mr. Grobbel provided some background on Levy, which is a Chicago-based restaurant and hospitality company that provides food and beverage service to hundreds of entertainment and sports venues. He added it was founded in 1978, and they currently provide food and beverage service to over two hundred sports and entertainment venues in the United States and Canada. In Michigan, this includes Ford Field, Michigan International Speedway, Meadowbrook, and Fox Theater. He explained Levy has been contracted to be the food and beverage concession provider for the Michigan Lottery Amphitheater at Freedom Hill, so they are seeking this approval. He clarified their application has been approved by the Michigan Liquor Control Commission (MLCC) on June 28, although the license has not yet been issued. He noted that sometimes the application goes through a little quicker than other times, but they submit their local applications at the same time. He Regular City Council Meeting Tuesday, July 18, 2023 Page 27 offered to answer questions, noting Mr. Brown can answer operational questions. Mayor Taylor opened the floor for public comments, but no one spoke. Moved by Sierawski, seconded by Radke, RESOLVED, that the request to transfer ownership of the 2023 Class C liquor license and Dance- Entertainment Permit from Hillside Productions, Inc. to Levy Premium Foodservice Limited Partnership be considered for approval. Mayor Pro-Tem Sierawski commented that she has been to the majority of venues Levy serves in Michigan, and she stated the service has been great. Councilman Radtke questioned whether anything will change with the food service at the Michigan Lottery Amphitheater with regard to the items being served or the process. Mr. Brown replied that they are not changing the processes or how they go about their business. He assured they are very consistent throughout all of their venues in terms of how they operate. He emphasized that responsible alcohol service is foremost for them. He did not feel anyone will recognize a discernable difference. Councilwoman Schmidt noted this request refers to “32 additional bar permits” and she inquired as to whether they are the outside bars or additional bars. Mr. Grobbel explained they receive one liquor license from the MLCC. At Freedom Hill, each location that sells alcohol is considered a bar by the MLCC, so all of those different locations throughout the amphitheater are considered a different “bar.” They pay an additional fee for each “bar permit” they need, and those are issued, required to be framed, and posted. He replied to further inquiry this is not an increase in the number of permits. Councilwoman Ziarko questioned whether non-profits ever come in and use those spots for fundraising. Mr. Grobbel replied those permits are not for that particular purpose, but only because they have additional locations where they serve alcohol. There are special licenses that non-profits can use at licensed premises to have a Regular City Council Meeting Tuesday, July 18, 2023 Page 28 fundraiser, but they are not connected to the additional permits. He added that the “32 additional bar permits” are at a cost of $350 each. Mayor Taylor wished them luck and continued success. Yes: All. The motion carried (7/0). C. Mayor Taylor stated this is to consider a First Amendment to Planned Unit Development Agreement for “Legacy Heights,” a twenty-unit luxury residential duplex development on 4.38 acres of land situated on the west side of Mound Road, south of Hall Road, PPUD20-0003, Legacy Heights. He invited Dr. Jake Parcell, City Planner, to give a presentation. Dr. Jake Parcell, City Planner, explained this is an amendment to a PUD that was approved by Council on April 19, 2021 for a site creating a private drive with ten luxury duplexes for rent, totaling twenty units. He stated the PUD lapsed, so when the applicant came in for site plan approval, they followed the course of action to continue the project within the same approved scope. A minor modification was made to extend the following dates so he can begin construction: Final Site Plan Approval on July 18, 2024; Building Permits eighteen months from approval, which is January 18, 2025; and Complete Development on January 18, 2026. Dr. Parcell stated they discussed the cause of the delay with the applicant, which was the onset of the pandemic causing weakening market conditions. He provided details of the site plan as it was approved in 2021, and he added that, in discussion with their Office of Engineering and Fire Department that everything will be brought up to all relevant codes and standards during site plan approval, so if anything changes substantially from this site plan, they will be back with an amendment. He offered to answer questions. Mayor Taylor opened the floor for public comment. The applicant explained they spent a couple of years working with the former City Planner to try to get approval for development on this site. They had several other developments underway at the same time, and with the arrival of the pandemic, they paused on this development. He assured they are Regular City Council Meeting Tuesday, July 18, 2023 Page 29 ready to get underway with this project and are excited to see it start. He added it was one of their initial developments they started planning about four or five years ago. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the First Amendment to Planned Unit Development Agreement between the City of Sterling Heights and Legacy Heights LLC and authorize the Mayor and City Clerk to sign the agreement on behalf of the City. Councilman Radtke believed the tree ordinances have changed since this was originally approved. He stated he is still in favor of the development, but he questioned whether the site will be brought into compliance with current ordinances. Dr. Parcell replied to inquiry that this site never received final site plan approval, so if Council moves to extend the deadline, they will reassume their review in terms of current standards. He recalled the older plan was relatively well landscaped, but they will double check to make sure all current ordinances are met. Councilman Yanez questioned whether Dr. Parcell has had meetings with the Fire Department. He expressed concern about any one-way driveways, and he questioned whether the turnaround would handle the fire and ladder truck to make that turn. Dr. Parcell replied that discussions in their general development meetings with Fire, that the radius needs to provide for a 96-foot diameter. He believes there is a 55-foot radius, providing for a 110-foot diameter. He assured this will be reviewed by the Fire Department during site plan approval. Mayor Taylor stated he is looking forward to seeing this development come back on line. Yes: All. The motion carried (7/0). D. Mayor Taylor was formerly Consent Agenda Item 8-J on tonight’s agenda, to adopt a resolution calling for the repeal of the Michigan Fireworks Safety Act of 2011, as amended, and restore the peace and tranquility in residential neighborhoods. He opened the floor for public comment, but no one spoke. Regular City Council Meeting Tuesday, July 18, 2023 Page 30 Moved by Schmidt, seconded by Ziarko, RESOLVED, to adopt the resolution calling for immediate action by the Michigan Legislature and Governor to repeal the Michigan Fireworks Safety Act, as amended, or, in the alternative, return local control to municipalities to prohibit the sale and discharge of consumer fireworks within their municipal limits. Councilwoman Schmidt stated they had discussion at their last Council meeting about emails, photos, and phone calls they received in regard to complaints about fireworks. She questioned Mr. Vanderpool that, with this resolution being sent to the Governor and legislature, whether copies of those emails, photos, and phone call information were sent as well. Mr. Vanderpool clarified that this has not yet been sent, but once City Council approves it, they will then send it to the Governor and the entire State Legislature. She assured everyone will receive a copy of this, and they will be making full-court press with their local legislators to ensure they understand the importance of it. He assured they will include all of the backup, including complaints, pictures, in addition to the City’s analysis of overtime costs and other complaints received. Councilwoman Schmidt stated she pulled this from the Consent Agenda because she wanted the residents to know that this Council heard the residents at their last meeting and want to support them. She assured the Council members are living the same nightmare as all of the other residents, and they are trying to do what they can to get it under control if possible, although it is up to the State and the Governor to do their part. Councilman Yanez clarified a statement he made at the last meeting that he did not vote in favor of this when it went through the State, noting he was not in the Legislature at the time. He stressed he fought it for the six years he served, and he is continuing to fight it. He requested information from City Management on overtime of Police, Fire, and DPW, and it totaled over $10,000 for Sterling Heights alone. He is trying to determine how much money came into the State through taxes on the fireworks, but he strongly felt that, along with sending the resolution, the City should request reimbursement for every penny of overtime. He reminded this is a state law, Regular City Council Meeting Tuesday, July 18, 2023 Page 31 yet the state has absolutely no control over these fireworks other than the licensing and sales, and it ended up costing an additional $10,000 to Sterling Heights taxpayers. He felt the taxpayers of this City should not have to pay that because of a state law. He does not know if they can add this to the resolution, but he wants the State to know that the City of Sterling Heights wants their money back. Councilman Radtke agreed with Councilman Yanez and appreciated his comments. He emphasized the Council members get called every year, and they have to tell the residents their hands are tied because it is a state law. He agreed they should ask for that overtime money back from the State. He felt they need to do whatever they can to prevent this in the future. Mayor Taylor stated he is not optimistic about this, although he appreciates it, noting they cannot get things done if they just give up. He pointed out this conversation has been going on since 2011 or 2012, and he recalled hearing fireworks going off as they were sitting in a Council meeting discussing it. He does not feel the State cares about this, but he pointed out that, in the past, so many of the decision makers were away from Metro Detroit and did not care or understand how this affects densely populated neighborhoods, with the debris landing all over everyone’s property. He added that those shooting off the fireworks are not cleaning this up. He pointed out this law is called the “Michigan Fireworks Safety Act,” and he emphasized there is nothing safe about it. He urged anyone who loves fireworks to go to a professional fireworks show. He hopes this message gets broadcast and picks up some momentum, so something can finally be done about this problem. He could see there is no meaningful tax revenue being generated by fireworks, and as Councilman Yanez pointed out, the cost associated with it far outweighs any benefit in tax revenue. Councilwoman Ziarko expressed frustration, but she emphasized they need to keep fighting it. She pointed out the current legislature has the largest percentage of local leaders that are now at the state level, so she is hoping it Regular City Council Meeting Tuesday, July 18, 2023 Page 32 will make a difference because those local leaders have no doubt experienced this same frustration in their own communities. Yes: All. The motion carried (7/0). 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Michael Butz – a retired IT professional and business owner; talked about his attempt to try to audit electronic poll books compared to Michigan Bureau of Elections Qualified Voter File; he FOIA’d numerous jurisdictions in Macomb County for electronic poll books but only received that information from four jurisdictions; he filed another FOIA request to come in to Sterling Heights and inspect the poll book files; he added he is offering his expertise and volunteer services to work with the City on this. • Unidentified resident – expressed frustration regarding a recent public comment section at a City Council meeting where he noted City Council members were making comments after a resident spoke, and they referred to the resident by his first name as opposed to “Mr.”, “Mrs.” or “Ms.”; he noted there is a lot of history between this resident and the City, although many people do not know that history, and stressed Council members should act professional and treat all speakers with respect; he reminded them they are the representatives of the City in these situations. • Barb Viera – expressed interest in the voting records; she compared her record to the record of the State and noted it does not match; would like to get more information and hopes they can find a way to work on this together. • Gilda Ponder – resident of Sterling Heights for 17 years; concerned about overpopulation of feral cats, especially on her property; she noted when called, Animal Control comes out, takes the animals, then brings them back to release them in the same location; she does not want to see them hurt, but she complained that they should not be wandering free in neighborhoods. Mayor Taylor requested Ms. Ponder leave her contact information with City Clerk Ryska, and he assured her he will call her back. He explained they are dealing with a very bad policy for which he has no control, but he assured her he will call her to discuss it. • Roger Goodrich – 28-year resident of Sterling Heights and son-in-law of a police officer who served this City for twenty-five years, starting in the mid-1960s; concerned his state and local voting records may not match; talked about legal action he took regarding election records; urged people to go to www.checkmyvote.org to check their voting records. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further this evening. Regular City Council Meeting Tuesday, July 18, 2023 Page 33 Councilwoman Ziarko hopes everyone will attend Sterlingfest next week. She would like City Clerk Melanie Ryska to have an opportunity to respond to the citizen comments made tonight regarding the election records. City Clerk Melanie Ryska stated a number of FOIA requests have been submitted to her office. They have been following the direction of the City Attorney, as well as the State Bureau of Elections, in the fulfillment of those FOIA requests. Councilwoman Ziarko stated she is sorry the resident who complained about the feral cats left the meeting, noting she has them in her yard and does not want them, either. She is aware people are feeding them, and has noticed the squirrels in her neighborhood, where people are likely feeding them, are much skinnier and not as healthy as the animals along the trails that have to find their own food. She emphasized people are not doing a favor to these animals by feeding them. Mayor Taylor requested that people quit feeding the cats in their neighborhood, noting it throws off the balance of nature. It is not good for the community, it spreads disease, and it causes more problems. Councilman Radtke commented that cats should not go outside and should definitely leave their property. They are predators, and feral cats are terrible to have. He stated he is glad that residents are attending City Council meetings, and he appreciates their comments. He is confident that no one on Council wants to disrespect anyone, including the resident referred to in the citizen’s comment earlier. He appreciates residents who speak their mind. He stated Sterlingfest will be great this year, and he hopes everyone brings their families and has a wonderful time. Councilman Yanez stated that cats are part of nature’s balance, and they are trapped, neutered, released, and put back in the wild. He pointed out there are places that have rat problems, and they could probably use the help of some of these cats. Regular City Council Meeting Tuesday, July 18, 2023 Page 34 Councilman Yanez stated he is impressed with their “Go Green Initiative,” where they invested $1 million, compounded by Michigan Saves, to help disburse this money and upgrade their homes. He stated it is a great program, and although he does not know whether they will ever have ARPA funds available again, he hopes they will be able to do this again. He pointed out they have an aging community with aging infrastructure and housing stock that will need to be kept up. He felt that was one of the best expenditures of tax dollars he has witnessed, and it was done locally. Councilwoman Schmidt thanked Chief Dwojakowski for providing an update on the handsfree driving law. He put everyone on notice that warnings are going to stop, and tickets are going to start. She urged everyone to drive safely. She also encouraged everyone to come out to Sterlingfest. Mayor Pro-Tem Sierawski stated she is looking forward to Sterlingfest and seeing Ann Wilson. Mayor Taylor commented that Sterlingfest is a weekend which he and his family look forward to all year. He emphasized that a tremendous amount of work goes into hosting this festival, and he thanked all who put it together and make it possible. 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 no items for Closed Session this evening. 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried, and the meeting adjourned at 9:53 p.m. MELANIE D. RYSKA, City Clerk