City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, OCTOBER 3, 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 (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool noted that city office will be closed for an in-service training day next Monday, October 9, 2023. The refuse collection schedule will not change. Mr. Vanderpool introduce City Planner II Alexis Richards, who will highlight the Carbon Inventory Study that will be launched, assuming City Council approves the item on Consent Agenda this evening. This study is in line with the Sustainability Plan and was requested earlier this year in their budget hearings. City Planner II Alexis Richards stated she is here to discuss how they are going to be furthering sustainability in Sterling Heights. She explained that ICLEI Local Governments for Sustainability is the first and largest network of local governments devoted to solving the world’s most intractable sustainability challenges, adding that their standards, tools, and programs reduce greenhouse gas emissions, improve lives, and protect natural resources. She explained some of the tools they have developed that can be used by their members, one of which is ClearPath, an online software platform for completing greenhouse gas inventories, forecasts, climate action plan, and monitoring. Another tool available is the Greenhouse Gas Contribution Analysis, providing tools and templates to Regular City Council Meeting Tuesday, October 3, 2023 Page 2 gather data. LEARN (Land Emissions and Removal Navigator) deals with emissions associated with forests and trees, and Greenhouse Gas Protocols provide guidance for communities to account for carbon emissions. The ICLEI Community facilitates best practice sharing. Communities with an ICLEI membership can use the software to conduct their own inventories, or they can contract with ICLEI to have them compile the necessary data, provide technical assistance, and write a narrative report of the findings. Ms. Richards explained that ICLEI has adopted five pathways to provide cities with a framework for designing integrated solutions that balance the patterns of human life and natural environments. She expounded on each of these five pathways. She explained that, in addition to the tools and resources included in an ICLEI membership, a significant benefit of becoming a member is the knowledge and capacity building that occurs between members and ICLEI experts. Each ICLEI member is assigned a dedicated ICLEI technical advisor to serve as their go-to resource for greenhouse gas emissions management, sustainability and climate-planning, biodiversity and STG action, peer city collaboration, and more. Members also receive one-on-one technical support and enrollment in facilitated group training cohorts that are hosted annually. She stated that ICLEI is an international organization, but if City Council approves this membership, they would be joining ICLEI USA, adding that there are three hundred ICLEI members in the United States, with ten of those located in Michigan. Ms. Richards explained the bulk of their request this evening is to allow ICLEI to conduct a Greenhouse Gas Emissions Inventory of the city operations, a community-wide greenhouse gas emissions inventory, and to write a narrative report outlining the findings of the two inventories. This is the first step in actively reducing the City’s greenhouse gas emissions, and once they have a baseline understanding, they can utilize that data to evaluate progress and determine policy decisions. She explained how these fit into the goals for the City’s Sustainability Plan. She offered to answer questions. Regular City Council Meeting Tuesday, October 3, 2023 Page 3 Mr. Vanderpool stated they look forward to reporting back to the Mayor and City Council as this process is underway throughout the remainder of this fiscal year, as well as engaging and collaborating with the Sustainability Commission, which will be an important part of this process. He thanked Councilman Yanez for initiating this idea during the budget hearings, and he felt this is far more robust that what they had originally talked about. Mr. Vanderpool concluded his report by requesting City Council convene a closed session at the conclusion of tonight’s meeting, pursuant to Sections 8(c) and 8(d) of the Open Meetings Act to negotiations connected to a collective bargaining agreement, and to consider the purchase or lease of real property. 6. PRESENTATIONS A. Mayor Taylor stated this is the 2023 Beautification Awards, and he invited Chairperson of the Beautification Commission, Mr. Gary Isom, to make the presentations. Beautification Commission Chairperson Gary Isom stated it gives him great pleasure to present the 2023 Beautification Awards. The Commission’s mission is to encourage all city residents and property owners to preserve and enhance the beauty of public and private properties, and their annual awards ceremony is one way in which they honor those who go above and beyond in beautifying their Sterling Heights properties. He thanked City Council for welcoming this presentation as they showcase the dedication of their residents and business leaders to make Sterling Heights a more beautiful place to live, work, and play. He explained that over the last five months, the Beautification Commission welcomed nominations from citizens who wish to recognize a Sterling Heights property for outstanding beauty resulting from the planting of annuals and perennials. The Commission reviewed photographs taken of more than forty nominated homes, businesses, and places of worship, and the Commissioners judged nominations and selected a “Best of the Best” from each category that had a “wow” factor when seen from the curb, also being selected based on overall beauty and aesthetics, as well as artistic use of color. Mr. Isom explained that each nomination will be Regular City Council Meeting Tuesday, October 3, 2023 Page 4 presented in the categories of single-family residential properties, commercial properties, multi-family properties, and places of worship. The Best of the Best recipient will be honored in each of the categories, as well as two runners-up in the single-family residential category. Mr. Isom thanked the Beautification Commissioners present tonight for their dedication in this program, and he introduced Nancy Kijek, Linda Media, Sue Hobig, and Steve Duncan. The nominees were announced as follows: Commercial Properties: Ric-Man Construction Headquarters; Christian Financial Credit Union; Credit Union One; Mangiabevi Urban Italian Multi-Family Properties: Laurel Valley Apartments; Nottingham Cove; Sterling Knolls Apartments Places of Worship Properties: Hope Crossing Residential Properties: 2073 Serra Drive; 2241 Camel Drive; 5104 Windham Drive; 5196 Atwood Court; 8483 Crestview Drive; 8721 Alwardt Drive; 8726 Shannon Drive; 11125 Grenada Drive; 11242 18 Mile Road; 11409 Francis Drive; 11727 Wheaton Drive; 11336 Village Drive; 13843 Bathgate Drive; 14022 Coldwater Drive; 14143 Hillsdale Drive; 14267 Lakeshore Drive; 14327 Peterboro Drive; 34382 Fontana Drive; 35377 Evanston Avenue; 36819 Adele Drive; 37281 Belcrest Drive; 37905 Watkins Drive; 38120 Sumpter Drive; 39510 Urbana Drive; 41912 Gainsley Drive; 42247 Sycamore Drive; 43085 Hyde Park Drive; 43243 Chardonnay Drive; 11735 Seaton Drive, D-21. The “Best of the Best” were announced as follows: Commercial Properties: Ventimiglia Italian Foods Multi-Family Properties: Arden Courts Memory Care Places of Worship Properties: St. Matthias Catholic Church Residential Properties: 4466 18-1/2 Mile Road, Slavka Milenkovic Runners Up: 36239 Melbourne Drive - Denice & Wally Bronson 34401 Amsterdam Drive - Lorenzo & Linda Howard Mr. Isom stated the Best of the Best and Runners Up recipients were requested to come up and have a photo taken with City Council. He thanked everyone for attending tonight’s Beautification Award presentations and reminded that the Beautification Commission is once again hosting a Halloween “Spooky House” contest, so if anyone would like to nominate any of their neighbors who have gone Regular City Council Meeting Tuesday, October 3, 2023 Page 5 above and beyond, he urged them to submit those photos by October 31, 2023 to the Community Relations Department. Moved by Sierawski, seconded by Radtke, RESOLVED, to individually and collectively recognize the 2023 Beautification Award winners and thank them for their dedication and effort in making their properties, neighborhoods, and the City of Sterling Heights a more beautiful place to live, work and play. Mayor Pro-Tem Sierawski thanked all who worked on their homes. She understands it is a lot of work and expressed her appreciation. Councilman Radtke stated these homes and businesses are great examples of what makes Sterling Heights so great, and he appreciated all of the work people put into beautifying their properties. Mayor Taylor agreed with his colleagues that the hard work put into beautifying these homes and businesses is really appreciated. He felt the City has tried to lead on this by making their city campus and roadways as nice as possible, and it has a positive impact on the neighborhoods. He hoped the work the recipients have done will inspire their neighbors as well. Yes: All. The motion carried. B. Mayor Taylor stated this is a Nice Neighbor Award Presentation. He explained this program involves awarding someone who has gone above and beyond to make the City of Sterling Heights a great place to live. He noted that the Community Relations Department is presenting this award to the Sterling Heights residents who live on the west end of Farmdale Drive for recognition as recipients of the Nice Neighbor Award. He stated that Mr. Gerald Scott, a homeowner on Farmdale Drive, nominated his neighbors for the Nice Neighbor Award. Mr. Scott had stated that ten different families residing around the cul-de- sac have adopted the island in the middle and contribute to the beautification and maintenance of this large area. The cul-de-sac was manicured with beautiful landscaping that includes mulch, rocks, manicured shrubs, bushes, and trees. There are also many landscaping lights around the entire cul-de-sac that are lit up at night. Mayor Taylor explained that this past year, the neighbors decorated the entire cul-de-sac for the holiday season with lights and decorations. He added that Regular City Council Meeting Tuesday, October 3, 2023 Page 6 Mr. Scott had mentioned that they are very proud of their island, and the beautiful landscaping shows what happens when ten families put in hard work all year to keep it up. Mayor Taylor thanked all of the neighbors involved and congratulated them on receiving the Nice Neighbor award. Mr. Gerald Scott accepted the award on behalf of his neighbors, and he thanked the City for this recognition. He stressed it was a pleasure, and they light up their island in the wintertime for Christmas. He urged people to come and see it. He explained he joined the City of Sterling Heights in 1975, but it took him twelve years to move here, when he finally decided to move from Dearborn Heights to Sterling Heights. He commented that it has been an absolute pleasure, and he emphasized that the City is outstanding. He thanked City Council, and all involved. Mr. Stan Michael Michelcavage, resident of Farmdale Court, stated he and his neighbors call Mr. Scott the “Mayor” of their court. He explained that years ago, when they lit up the court for the holidays, Mr. Scott would have an electrical cord run from his house to the cul-de-sac, but he would have to unplug it before the snowplow would come through. When they paved the court, Mr. Scott requested a water line and an electrical line under the road so he could automatically water and light up the cul-de-sac. The water and electricity are now run from his house to light up the court. Mr. Scott confirmed that one night, he had not moved the plug, and when the plow ran over it, he had no lights in his house, so when the street was being repaired, he requested a 3-inch pipe be installed. He is so pleased with the results, noting it enhances the neighboring properties, and he and his neighbors are very proud to be part of Sterling Heights. Moved by Radtke, seconded by Sierawski, RESOLVED, to present the residents residing on the west end of Farmdale Drive with the Nice Neighbor Award in recognition of their efforts to assist the community and contributions to making Sterling Heights' quality of life second to none. Councilman Radtke stated he is so happy to have people like this in their community. Yes: All. The motion carried (7/0). Regular City Council Meeting Tuesday, October 3, 2023 Page 7 The meeting recessed at 7:29 p.m. and reconvened at 7:36 p.m. 7. ORDINANCE INTRODUCTIONS A. Mayor Taylor stated this is to consider introduction of an ordinance amending Zoning Ordinance No. 278 to allow shipping/ storage containers with special approval land use approval as an accessory use to permitted and special approval land uses in M-1 (Light Industrial District) and M-2 (Heavy Industrial District) zoning districts. He invited Dr. Jake Parcell, City Planner and City Development Manager, to give the presentation. Dr. Jake Parcell stated this is a fairly straightforward, completely new text amendment as an ordinance update for shipping containers. He provided some background, noting that since he has started working for the City, there has been a number of unpermitted and unregulated storage containers in the commercial districts throughout the City. He noted the problems have been that they cover landscaping, they are visible from the right-of-way, some people stack them high in a hazardous manner, others park them over parking spaces, so the Office of Planning worked with the Code Enforcement and City Development team to introduce an ordinance to regulate these shipping containers on industrially zoned parcels. He clarified that this allows them to remain housed on industrial parcels with the special approval land use as an accessory to the main business. In working with businesses, they have found that people use them for modular movement in putting equipment in them, moving them to job sites, and bringing them back to house them, noting it is common for cement work, landscaping, etc. This ordinance does not regulate these containers for permanent usage in the commercial district, and commercial businesses have the option of applying for a temporary use permit from the City for times when they are holding a holiday sale, grand opening, special event, or they are remodeling following a fire, flood, etc. Upon receiving a temporary use permit, they can use the container for temporary storage, and then remove it from the commercial district, which allows the commercial business owners an opportunity to work with the City on long-term storage solutions. Dr. Parcell stated the Planning Commission reviewed this at Regular City Council Meeting Tuesday, October 3, 2023 Page 8 their May 10, 2023 meeting, and it was recommended for approval to Council in a 7-0 vote. They took some additional time to ensure they were doing it with all of the conditions in place to make this safe for the community. He outlined the two definitions added: shipping container and storage container. He showed photos of containers in disrepair, noting the ordinance requires them to be cleaned up. They are not allowed to be stacked higher than fifteen feet, and no storage of flammable materials inside of them is allowed. Dr. Parcell outlined the conditions of approval, as follows: • Containers must be screened from view with landscaping, masonry walls, or fencing; • Containers shall be located only in the rear yard and comply with setbacks; • No stacking shall be allowed past 15 feet; • No containers can be used for advertising or signage purposes, although he noted there is a reasonably sized logo or identification to be allowed on it, so it is identifiable at a job site; • Containers must be maintained free of graffiti and rust; • No storage of hazardous materials can be in the container at any time; • No plumbing or electrical can be connected to the containers; • Containers shall not occupy any parking or landscaping areas; and • Containers must be placed on a foundation. Dr. Parcell offered to answer questions, noting this ordinance will help provide safe solutions for their industrial districts in storage of materials. Mayor Taylor opened the floor for comments from the public, but no one spoke. Moved by Ziarko, seconded by Schmidt, RESOLVED, to introduce the ordinance amending Zoning Ordinance No. 278 to allow shipping / storage containers as accessory uses to permitted and special approval land uses in M-1 (Light Industrial District) and M-2 (Heavy Industrial District) zoning districts. Councilwoman Ziarko questioned how the inside of these containers will be inspected. Dr. Parcell replied to inquiry that the inside will have to be something accessory to the usage, so when they come before Planning Commission, the applicants will be able to explain the use of the containers. They regulate the noxious uses inside of them, such as no flammable materials, no live electrical or plumbing, and Code Enforcement will review them on site. They will find out the use through their pre- application meetings before they go to Planning Commission. He does not know how the inside will be inspected on a regular basis, because it will depend upon Regular City Council Meeting Tuesday, October 3, 2023 Page 9 the business use. He stated he is willing to bring this up prior to adoption so they can address a way to do that with the Code Enforcement Officers. Councilwoman Ziarko questioned Section 3, J-4, which prohibits these containers from being used for advertising purposes, except for a “reasonably sized identification sign and/or logo.” She questioned what is reasonably-sized. Dr. Parcell replied they typically look at a wall sign allotment, which is ten percent of the face of the structure, which in this case would be the storage container. He assured he would be happy to link this to the wall section of their code before bringing it forward for adoption to specify the ten percent being permitted. He replied to further inquiry that amount is two hundred square feet, but it would be naturally capped just by the size of the shipping containers. He offered to include the maximum amount as well. Councilwoman Ziarko felt it would help to have that clarified in the ordinance. Councilwoman Schmidt questioned as to whether there is a limit to the number of storage containers an industrial business can have. Dr. Parcell replied to inquiry that it will be naturally defined by the site because it has to comply with all side yard and rear yard setbacks, and it has to be in a designated area with a foundation in place. If a business on a very large site, such as Stellantis, where they have the train tracks to pull in, opts to use this method of storage, this allows for a designated area to be using the storage containers. He pointed out a small landscaping company on a smaller lot in an M-1 District would have a natural cap in terms of height and setback placement. Regulation on this is based on each individual site. Councilwoman Schmidt questioned if a business in a strip mall wants to have storage containers, whether the area of the entire strip mall is taken into consideration or just their storefront. Dr. Parcell replied to inquiry that it would be only their storefront taken into consideration. He replied to further inquiry that the larger metal “shipping container” ranges from twelve to fifteen feet in height, which falls into the range Regular City Council Meeting Tuesday, October 3, 2023 Page 10 of an accessory structure. A storage container, such as a steel box or pod, can be different sizes, and they cannot be stacked past the fifteen-foot height limit. Mayor Pro-Tem Sierawski questioned what constitutes a “permanent foundation” for these containers. Dr. Parcell explained it is something they see quite often with a dumpster/enclosure. It is a piece of concrete paved to a certain thickness so it can withstand the weight as opposed to a typical parking lot. This will be reviewed by the Building Department upon paving. Mayor Pro-Tem Sierawski questioned what happens if they remove the container, and whether they have an obligation to remove the permanent foundation. Dr. Parcell replied they will not be required to do so, noting most industrial parcels are completely paved other than the setback margins. They can stripe it and use it for parking spaces, but the site plan will show this as a designated area for shipping containers. They can then verify the weight-bearing of that concrete is up to standard for the materials which they will be placing on it. Councilman Yanez questioned the time frame for temporary storage containers. Dr. Parcell replied to inquiry that the City can place conditions on the time frame, with a maximum of six months out of one calendar year. They will determine if there is a lesser time frame needed. In the case where there is a remodeling or repair from fire damage, the full six months may be necessary. If there is a large event or grand opening in a high traffic area, they may be limited to the time they can keep it in place. Councilman Yanez questioned whether Class C explosives be stored in these containers. Dr. Parcell replied no, adding that they have included everything referenced by the International Fire Code as hazardous material to not be allowed to be stored in the containers. Regular City Council Meeting Tuesday, October 3, 2023 Page 11 Councilman Yanez referred to a fireworks company in the City that has a couple of the storage containers on the property every July. He questioned whether they will not be allowed to store extra fireworks in the containers. Dr. Parcell replied that they will not be able to store them, assuming they are there permanently. As far as temporary use, he would be happy to talk with the Code Enforcement Department, and as they look at the upcoming fireworks season, they can refine their conditions for approval for temporary use permits to assure they are doing so in a safe manner. Councilman Yanez understands Code Enforcement will be looking at the materials being stored. He questioned how they will know that hazardous materials are not being moved into the storage containers at some point. He questioned whether a Code Enforcement Officer can make entry on demand. Mr. Kaszubski replied they would not be able to do that unless something was placed in the Code or in the Use Variance request. Dr. Parcell explained that the City meets with the applicant as they come in front of Planning Commission for Special Approval. If it comes to their attention that there are hazardous materials or materials that are highly flammable as designated by the Fire Code, through working with the Fire Department, they have grounds to revoke the Special Approval and remove them from the site. They have that ability when the conditions placed upon them from the Planning Commission with the Special Approval granted are violated, thus violating the Zoning Ordinance. Councilman Yanez questioned whether these businesses are required to keep a list of what they are storing in these containers. Dr. Parcell replied no, but added he would be happy to explore that possibility. Councilman Yanez felt it is a good idea to know exactly what they are storing in the event there is a fire, and it would be helpful to know what is burning inside the container. Regular City Council Meeting Tuesday, October 3, 2023 Page 12 Councilwoman Koski questioned whether this ordinance is only for M-1 and M-2 Districts. Dr. Parcell replied affirmatively. He replied to further inquiry that in M-1 and M-2 Districts, this ordinance allows the shipping containers to be a permanent use. They have been seeing that businesses use these long-term for on-and-off site workers storage work in industrial uses. He added that they like to meet with commercial business owners and come to terms with a permanent storage solution, so that is why this ordinance only applies to M-1 and M-2 Districts. Councilwoman Koski questioned whether it has to be reinspected every time they change what is being stored in the container. Dr. Parcell stated he is more than happy to explore adding that into the ordinance with their Code Enforcement Department and their Building Department. He does not believe there is anything in the ordinance that would require a reinspection. Councilwoman Koski stated she would like to see Dr. Parcell explore that. Mayor Taylor thanked Administration for bringing this forward. He was approached by a business owner of an industrial business in Sterling Heights about a year ago who had shipping containers that were neat, clean, up against the building on the concrete, and they were storing inventory. It was brought to his attention that they were getting notifications from Code Enforcement that they were not permitted. He considered this a reasonable use for the shipping container to house items being stored on site, thereby allowing a relatively inexpensive expansion of storage for their industrial property owners and businesses. Mayor Taylor pointed out that for years, they have been at almost zero percent vacancy for industrial buildings, but it does not allow anywhere for expanding businesses to grow in the City. He questioned the purpose of having this go through Special Approval Land Use, commenting it is an administrative hurdle for property owners to jump through to get this approval. Dr. Parcell replied the first part has to do with Planning Commission approval, and Planning Commission has the authority to approve site plans. This would trigger Regular City Council Meeting Tuesday, October 3, 2023 Page 13 changes in terms of the landscape plan, paving in storage areas, as well as potentially large screening, so the site plan can be amended at the same time. The second reason has to do with safety because there are items that could warrant hazards of what is being stored in them. The City then has the ability to revoke the potential for these businesses to be storing them until they come into compliance with the ordinances. Mayor Taylor questioned what they do in terms of an industrial property that is operating in an M-1 or M-2 as far as regularly inspecting what type of inventory and equipment they have in their buildings. Dr. Parcell replied affirmatively, crediting the Fire Department for doing a fantastic job. It also goes through the Building Department during the permitting and site plan review phase. They assure that all the components of the Fire Safety Code are followed. Mayor Taylor could not recall that the City has any type of regulation that requires him/her to notify the City as inventory, materials, and equipment is coming in and going out of the building. Dr. Parcell replied it comes down to the use type for which they originally applied, so they have a good understanding of what each industrial building is being used for and what type of materials are stored and will be stored even before they are in operation. Mayor Taylor felt that by keeping it under Special Land Use approval provides them information on how and for what materials the shipping container will be used. He does not believe it needs to go in front of the Planning Commission and suggested that most business owners do not want to cause a fire that burns down the building that is housing their inventory. He expressed concern about requiring regular inspections, pointing out that one of the benefits of these containers is they are easy to change out their inventory over and over. If they have to continue to have these reinspected each time they get new inventory, it could be administratively burdensome for the business owner. If they are not Regular City Council Meeting Tuesday, October 3, 2023 Page 14 already doing it with their buildings, he does not want to see the shipping containers become more restrictive. He emphasized that as long as the business owner is advised of the permitted uses inside of the shipping containers, he felt that is sufficient. Yes: All. The motion carried (7/0). 8. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments, but no one spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended: A. To approve the minutes of the Regular Meeting of September 19, 2023. B. To approve payment of the bills as presented: General Fund - $1,022,970.66, Water & Sewer Fund - $1,863,752.86, Other Funds - $3,679,926.23, Total Checks - $6,566,649.75. C. RESOLVED, to approve the Consent Special Assessment Agreements for the 2022 Sidewalk Replacement Program, City Project #22-385, Special Assessment District SW-22-01, and authorize the Mayor and City Clerk to sign the agreements on behalf of the City. D. RESOLVED, to accept the proposal by Metro Controls, Inc., 22660 Fifteen Mile Rd., Clinton Township, MI 48035, for a HVAC BACnet Controls System at the Community Center at a cost of $59,650 and authorize an amendment to the fiscal year 2023/2024 budget to carry forward prior budget year funding for the cost amount. E. RESOLVED, to accept the proposal by Partners in Architecture, PLC, 65 Market Street, Mount Clemens, MI, 48043, for a facility assessment / conceptual design of facility upgrades at Fire Station No. 5 at a total cost of $19,490 and authorize the City Manager to sign all required documents on behalf of the City. F. RESOLVED, to award the bid for the official city newspaper for the publishing of legal notices and advertisements to C&G Newpapers, Inc., 13650 11 Mile Road, Warren, MI 48089, for a one-year period based on the following unit prices: 1. Cost for full page at $800 / 9.5" x 10" 2. Cost per column inch at $20.00 3. Classified help wanted per line at $3.00 4. Affidavit of Publication at $15.00. G. RESOLVED, to approve three (3) ProCare equipment service agreements between the city of Sterling Heights and Stryker Corporation, 3800 E. Centre Ave., Portage, MI 49009, for Stryker Lifepak 15 V4 cardiac monitor/defibrillators and power load cot fastening systems and authorize the City Manager to sign the agreements on behalf of the City. H. RESOLVED, to: 1. Approve City membership in ICLEI Local Governments for Sustainability USA for a four-year period at a total cost of $7,200; 2. Accept the proposal by ICLEI USA to complete community-wide and municipal operation greenhouse gas inventories at a total cost of $11,750; and 3. Authorize the City Manager to sign all required documents on behalf of the City. I. RESOLVED, to purchase one-year subscriptions for Barracuda Essential Compliance and Cloud to Cloud software modules from People Driven Regular City Council Meeting Tuesday, October 3, 2023 Page 15 Technology, 6300 Venture Hills Blvd. SW, Byron Center, MI 49315, for the period October 19, 2023 to October 18, 2024 at a cost of $34,100. J. RESOLVED, to purchase nineteen (19) tables and two (2) carts from Southern Aluminum Manufacturing Acquisition, Inc., 5 Hwy 82 West, Magnolia, AR 71753, at pricing available through The Interlocal Purchasing System (TIPS), contract no. 230301, at a cumulative cost of $13,359. K. RESOLVED, to receive the lawsuit, Butz v city of Sterling Heights, et al; Macomb County Circuit Court Case No. 23-2850-CZ. L. RESOLVED, to adopt the resolution designating the month of October annually as "National Disability Employment Awareness Month" in the city of Sterling Heights. Yes: All. The motion carried (7/0). 9. CONSIDERATION A. Mayor Taylor stated this is to consider approval of a memorandum of understanding between the City of Sterling Heights and Michigan Association of Public Employees (MAPE) Technical/Office Employees Union. He invited Mr. Vanderpool to give a presentation. Mr. Vanderpool explained the MAPE group is the last group they have been working with to implement the 9/80 schedule. From all of the previous agreements and MOUs that have been approved, the workforce has transitioned to a hybrid work schedule. They are able to complete a ten-day work period within nine days, and every other week, those employees get a Friday off, with some exceptions. He emphasized they are not working less hours but are working the same but just fitting those hours into nine days. This gives the employees twenty- six Fridays off each year, and this has been very important to the organization because remote working did not work for the City as an organization. It worked during the Covid crisis, but after that, it could not be offered to everyone. Transitioning to this hybrid schedule has vastly improved work life balance for employees, employee retention, and recruitment, which is extremely important in this tight labor market. He stressed this is cutting edge for the municipal sector, and he is not aware of other cities offering this. He appreciated the support of the Mayor and City Council on this. The employees under this new work schedule have spoken very highly of it. It has vastly improved morale across the organization. He added that they have a DPW Supervisory and Field that they will Regular City Council Meeting Tuesday, October 3, 2023 Page 16 be discussing this work schedule with, but their contract expires April 30, 2024, so those will be the last two groups, with negotiations beginning shortly. Mr. Vanderpool stated the Fire Department is already on this hybrid schedule, working 24 hours and off 48 hours, and the Police Department works ten-hour shifts, with a three-day “weekend”, depending how it falls during the week. He explained the other issue with this MOU is increasing employee’s 401-A’s from five percent up to seven percent. They used to be at seven percent before the Great Recession, and they had to scale it back due to cost-cutting, so they are now restoring that benefit. He clarified it is important because they do not offer defined benefit plans anymore for general employees, and only Police and Fire have those defined benefit plans, or “fixed pensions”. They want to remain not only competitive, but above competitive on their 401-A's. He respectfully requested the Mayor and City Council approve the MOU before them this evening. Mayor Taylor opened the floor for comments from the public, but no one spoke. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve the memorandum of understanding between the city of Sterling Heights and MAPE Technical/Office Employees Union implementing the 9/75 and 9/80 modified workweek and enhanced employer contribution to 401(a) retirement accounts and authorize the Mayor and City Clerk to sign it on behalf of the City. Councilwoman Schmidt noted this is one of the last bargaining units to come forward, and she appreciated the fact they are able to do this for their employees. She is glad they are accepting it and that their morale has improved. Yes: All. The motion carried (7/0). B. Mayor Taylor stated this is to consider a nomination to the City of Sterling Heights Board of Ordinance Appeals II - Alternate. He asked whether there are any nominations, but none were made. Moved by Ziarko, seconded by Radtke, RESOLVED, to postpone consideration of a nomination to the Board of Ordinance Appeals II - Alternate to the November 21, 2023 regular City Council meeting. Yes: All. The motion carried (7/0). C. Mayor Taylor stated this is to consider appointments to the City of Sterling Heights Youth Advisory Board. He opened the floor for nominations. Regular City Council Meeting Tuesday, October 3, 2023 Page 17 Moved by Radtke, seconded by Yanez, RESOLVED, to appoint Cameron Orjada, Grace Simon, and Dron Datta to the Youth Advisory Board each to a term ending June 30, 2024, subject to the appointees meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Mayor Taylor commented that these are great candidates who are residents of Sterling Heights, and they will make a great addition to the Youth Advisory Board. Yes: All. The motion carried (7/0). Mayor Taylor suggested they try to find others and postpone the nominations for the remainder of the open positions until November 7. Moved by Ziarko, seconded by Radtke, RESOLVED, to postpone two appointments to the Youth Advisory Board to the November 7, 2023 regular City Council meeting. Yes: All. The motion carried. 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments, but no one spoke. 11. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool stated he has nothing further to add this evening. Councilwoman Ziarko reminded that Breast Cancer Awareness Month is the month of October, and in the future, she would like to see a Resolution designating October as Breast Cancer Awareness Month. She suggested if there is not a conflict, it would be nice to see The Halo on Hall Road lit up pink during the month of October for this cause. There were no objections voiced to light The Halo pink. 12. UNFINISHED BUSINESS There was no unfinished business. 13. NEW BUSINESS There was no new business. 14. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there are two items for Closed Session this evening. 15. ADJOURN Moved by Ziarko, seconded by Sierawski, RESOLVED, to adjourn the meeting and recess into Closed Session. Yes: All. The motion carried (7/0). The meeting adjourned and recessed into Closed Session at 8:09 p.m., and adjourned from Closed Session at 10:32 p.m. Regular City Council Meeting Tuesday, October 3, 2023 Page 18 MELANIE D. RYSKA, City Clerk