City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, NOVEMBER 21, 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 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 6-E be moved to Consideration Item 7-D. Yes: All. The motion to amend the agenda carried (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool explained that Macomb County’s only business incubator is located in Sterling Heights, and the Incubator Accelerator is an innovation center to help businesses start up and provide the support services they need to grow once they start up. They eventually move on from the Velocity Collaboration Center into facilities in Sterling Heights and other Macomb County areas. This has resulted in a very robust business climate in Sterling Heights, adding that there are 70,000 jobs here in the City. He stated they have good news tonight about a major grant the City has received, and he thanked Ms. April Boyle, Senior Advisor for Entrepreneurship and Innovation of Velocity, and her team. He invited Ms. Boyle to provide more information about this grant. April Boyle, Senior Advisor for Entrepreneurship and Innovation of Velocity, stated they are very excited to talk this evening about the Small Business Grant awarded to Velocity in the amount of $1.8 million over the next three Regular City Council Meeting Tuesday, November 21, 2023 Page 2 years to support small businesses disproportionately affected by Covid-19. She explained $1.5 million of that amount will be to support capacity and team building, launch new programs, strengthen their hub through technical equipment upgrades, and $300,000 will be distributed as direct cash grants to small businesses across the County. The grant, totaling $75 million, was funded through the Michigan Strategic Fund, Michigan Economic Development Corporation (MEDC), the American Rescue Plan Act, and application for part of this grant was a highly competitive process. There was a total of eighty applications, and twenty-seven hubs were selected within ten regions, including a few state-wide organizations. Ms. Boyle explained the goal of the program is to replicate and expand the SMART Zone network, of which Velocity is one of twenty-one SMART Zones across the state. They are focused on technology and manufacturing, but this will expand that network to small businesses. She stressed they cannot do this alone and need their partners, so she urged them to connect to them on social media, share their posts, attend their events, and bring guests, and help them make strategic connections and introductions with partners and business leaders in the community. Mr. Vanderpool reiterated the City’s thankfulness for the good work done by Velocity, Ms. Boyle, and her team. He continued his report by highlighting the National League of Cities Summit, which took place this past week. He, along with a number of Council members, attended in Atlanta, Georgia. He noted the purpose of the summit is to connect leaders from across the country and gain knowledge and resources to help their cities thrive. They were not only able to learn what other cities are doing in the name of best practices, but they were also able to share many of the successes they have had in Sterling Heights with others across the country. He outlined some of the key points that came up, including sustainability, noting Sterling Heights has an award-winning Sustainability Commission created by the City Council a few years ago. Some of the topics discussed under sustainability included EV Regular City Council Meeting Tuesday, November 21, 2023 Page 3 infrastructure and the installation of charging stations, home energy improvements, carbon neutral improvements, and community gardens. He added that City Council, at their last meeting, approved architectural services to build their first-ever community garden at Nelson Park in Sterling Heights. Other topics discussed included open space preservation, recycling, and affordable housing, including pattern book housing and accessory dwelling units. He pointed out these areas in which Sterling Heights has made many improvements. Mr. Vanderpool explained that community mental wellness is a huge challenge for quality of life in communities across the country, and he added it was gratifying to share a lot of the good work the City is doing in this area, including their Quick Response Team, Social Worker program, Drug- Free Coalition, Second-Chance Drug and Alcohol Court program, Hope Not Handcuffs, partnerships with FAN (Families Against Narcotics) and CARES, and the current Community Mental Wellness Strategic Plan. The City will now be working on a strategic plan to tie all of these together to provide the way forward. Mr. Vanderpool stated innovation and technology was also discussed, and they are setting up their first-ever Artificial Intelligence Task Force that will implement ideas and best practices. He appreciated the opportunity to attend the summit, and they look forward to City Council, along with the City’s managers and directors, participating in future summits. Mr. Vanderpool announced that the Dodge Park Ice Rink will be opening on December 1, 2023. This is their sixth year of operation, and they have about 20,000 people who visit the ice rink each year. He acknowledged and thanked their sponsors for this year: Sterling Heights Area Community Foundation; Versiti Blood Center of Michigan; Sopranos Catering; and Nothing Bundt Cakes. Mr. Vanderpool reminded that Sterling Christmas will be held on Saturday, December 2, 2023 from 5:30 p.m. to 8:30 p.m., and this will include tree- lighting, holiday music, visit with Santa, horse-drawn wagon rides, ice skating, and more. He added they look forward to seeing everyone there. Regular City Council Meeting Tuesday, November 21, 2023 Page 4 6. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda, with the omission of Item 6-E, which has been moved to Consideration Item 7-D. He opened the floor for public comments. • Melissa Crook – member of Protective Parents Michigan, speaking in support of Item 6-L; thanked the City for acknowledging that child safety should be priority in family court and custody decisions; talked about domestic violence and what happens when they are forced into family courts that do not have an understanding of domestic abuse; she expressed concern that 58,000 children each year are ordered into unsupervised contact with physically- or sexually-abusive parents; she shared statistics and provided her own personal experience; she provided some information on Kayden’s Law, which needs to apply retroactively for protective parents who lost custody to the abusive parent so they can regain custody of their children; it is focused on prioritizing child protection over parent’s rights; she provided information to the City Clerk on who to contact. • Ken Nelson – speaking on Item 6-M, regarding setting a public hearing date for a proposed Planned Unit Development (PUD); questioned whether this is the same developer who previously submitted an application; he suspected there will be a lot of public push-back on this proposal, and requested that the date of that hearing be changed to January since the proposed date is only three business days before Christmas; added that many people may not be able to speak on this because of the holidays. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended: A. To approve the minutes of the Regular Meeting of November 7, 2023. B. To approve payment of the bills as presented: General Fund - $1,024,794.97, Water & Sewer Fund - $3,382,877.34, Other Funds - $3,088,896.59, Total Checks - $7,496,568.90. C. RESOLVED, to award the bid for interior/exterior window cleaning to Phish, LLC, d/b/a Fish Window Cleaning, 41630 Van Dyke Avenue, Suite 226, Shelby Township, MI 48317, at unit pricing bid for a one- year period and authorize the City Manager to extend the bid term one additional year upon mutual consent. D. RESOLVED, to split the award of the bid for pruning of street trees between the following contractors: 1. To Limb Walkers Tree & Snow, LLC, 10073 Bryce Rd., Avoca, MI 48006, the Section 14 street tree pruning at unit pricing bid; and, 2. To Wonsey Tree Service, Inc., P.O. Box 1142, Alma, MI 48801, the Sections 11 and29 street tree pruning at unit pricing bid. E. This item was moved to Consideration Item 7-D. F. RESOLVED, to approve the statement of work between the city of Sterling Heights and CivicPlus, LLC, 302 S. 4th. Street, STE 500. Manhattan, KS 66502, at discounted pricing available through General Services Administration cooperative purchasing contract #GS-35F- 0124U for a two-year period and authorize the City Manager to sign all required documents on behalf of the City. G. RESOLVED, to: 1. Accept the proposal by Giffels-Webster Engineers, Inc., d/b/a Giffels-Webster, 28 West Adams Road, Suite 1200, Detroit, MI 48226, in connection with the development of a new Master Land Use Plan for the City of Sterling Heights; Regular City Council Meeting Tuesday, November 21, 2023 Page 5 2. Authorize the City Manager to sign all required documents on behalf of the City; and 3. Authorize a budget amendment from general fund reserves in the among of $25,862. H. RESOLVED, to purchase the suite of software licenses from Core Technology Corporation, P.O. Box 74008484, Chicago, IL 60674- 8484, necessary to access and interface with the Law Enforcement Information Network for the period July 1, 2023 to June 30, 2024 at a total of $11,766. I. RESOLVED, to purchase a software subscription from Carahsoft Technology Corporation, 11493 Sunset Hills Road, Suite 100, Reston, VA 20190, for the Workiva Connected Government Budget Reporting Solution, with Wdata, at competitive pricing available through General Services Administration cooperative purchasing contract #47QSWA18D008F in the amount of $26,525.20, for the period December 1, 2023 to November 30, 2024. J. RESOLVED, to purchase parts and labor from Jack Doheny Companies, Inc., 777 Doheny Court, Northville, MI 48167, in connection with the replacement of the cyclone tube and related assemblies on Vactor truck no. 99-009 at a cost of $20,033.45. K. RESOLVED, to schedule a special meeting of the City Council for a strategic planning session at the Sterling Heights Community Center, 40250 Dodge Park Road, on Tuesday, January 30, 2024 at 1:00 p.m., and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. L. RESOLVED, to adopt the resolution designating the month of November annually as Family Court Awareness Month in the city of Sterling Heights. M. RESOLVED, to set a public hearing on Tuesday, December 19, 2023 at 7:00 p.m. regarding the application by Sterling Square, LLC for a horizontal, mixed-use Planned Unit Development (PUD) known as Sterling Square on approximately 15.1 acres of land situated west of Schoenherr Road, south side of Fifteen Mile Road, in Section 35 of the City; PPUD23-0004. N. RESOLVED, to receive the lawsuit, Chevalier v City of Sterling Heights; Macomb County Circuit Court Case No. 23-003681-NO. O. RESOLVED, to receive the lawsuit, Brown v City of Sterling Heights; Macomb County Circuit Court Case No. 23-3186-NO. P. RESOLVED, to receive the lawsuit, Savage v Sterling Heights Police Department, et al; United States District Court for the Eastern District of Michigan Case No. 2:23-cv-12445. Yes: All. The motion carried (7/0). 7. CONSIDERATION A. Mayor Taylor stated this is to consider approval of a Memorandum of Understanding between the City of Sterling Heights and Local 1557 of the International Association of Firefighters. He invited Mr. Vanderpool to give a presentation. Mr. Vanderpool explained the Fire Department’s Multi-Year Strategic Plan was recently completed, and it was a very collaborative process, with a number of improvements recommended for implementation over the next few years. One of those recommendations is to incorporate some organizational Regular City Council Meeting Tuesday, November 21, 2023 Page 6 practices with respect to promotions. City Administration engaged with Local 1557 of the International Association of Firefighters to discuss whether the current promotional process for the rank of Battalion Chief could be modified to introduce a more competitive, merit-based assessment center rather than the current process based primarily on seniority. They were able to negotiate and agree upon terms and conditions in the Memorandum of Understanding (MOU) presented to City Council this evening to establish a new promotional process for the rank of Battalion Chief. Mr. Vanderpool provided some information on the current rank of Battalion Chief, noting the City currently has three of these positions. It is a critical rank to the “24/7, 365” schedule of the Fire Department, with one Battalion Chief on duty for a twenty-four-hour shift, overseeing the entire operation for that twenty-four-hour period at all five stations, also serving as the incident commander for a coordinated Sterling Heights Fire Department response to any major event. He noted that under the current bargaining agreement, a Fire Captain is eligible for promotion to Battalion Chief primarily based on seniority and their time served in the rank of Captain, but there is no requirement or opportunity for an assessment center. He explained how the MOU amends the promotional process by specifying that eligible Fire Captains seeking to promote to the rank of Battalion Chief must participate in a competitive assessment center and achieve a passing score of seventy percent or higher, noting EMPCO handles all of their assessment centers for promotions in the Police Department and will do the same for this particular rank. He explained that the top three candidates will be chosen based on assessment points and seniority points. There will be a competitive interview by a five-member promotional committee, who will score, rank them, and the top individual, including their oral interview points from the committee, will then be promoted to Battalion Chief. He stated City Administration is recommending approval of the MOU submitted this evening, and it is consistent with the recommendation of the Dynamix Consulting Group. Mr. Vanderpool thanked Regular City Council Meeting Tuesday, November 21, 2023 Page 7 the union leadership, Fire Chief, Assistant City Manager, and the Human Resources Manager for their good work in negotiating the MOU. He added that there are other things being worked on which will come forward soon, including the implementation of an Assistant Fire Chief, which addresses a lack of sufficient command personnel to effectively lead the Fire Department long-term, and the implementation of an equipment deployment study and community risk assessment to make sure they are aligning their equipment with the scope of the calls made. He respectfully requested approval of the MOU presented this evening. Mayor Taylor opened the floor for comments from the public, but no one spoke. Moved by Yanez, seconded by Radtke, RESOLVED, to approve the Memorandum of Understanding between the City of Sterling Heights and Local 1557 of the International Association of Firefighters to establish a new competitive promotional process for the rank of Battalion Chief and authorize the Mayor and City Clerk to sign it on behalf of the City. Councilman Yanez felt this is a good idea, and he appreciated everyone working together to move the Fire Department forward. He stressed they are one of the best fire departments in the State, and he felt this will help with that. Councilman Radtke agreed with Councilman Yanez’s comments and commended Local 1557 for working with the City to come up with this agreement. He felt this is a good first step in implementing some of the changes in the report and appreciated the Local’s work on this to make a better fire department for the City. Yes: All. The motion carried (7/0). B. Mayor Taylor stated this is to consider approval of a First Amendment to Conditional Rezoning Agreement between the City of Sterling Heights and Gallo Companies, LLC for the development of the Sterling Park Place Apartments on the east side of Schoenherr Road, between 14 Mile Road and 15 Mile Road in Section 36, PZ22-0002. He invited Dr. Jake Parcell, City Planner, to give a presentation. Regular City Council Meeting Tuesday, November 21, 2023 Page 8 Dr. Jake Parcell, City Planner, explained that in June 2022, Sterling Park Place was approved by City Council. He showed the rendering with the proposed sign, originally proposed to be 48 square feet but is now proposed to be 83.38 square feet, or four percent of the wall face, in order to provide sufficient advertising on Schoenherr. He stated that a typical sign on a wall face such as this, it is allowed to be no larger than 200 square feet, and he noted this sign is substantially smaller than that. They also allow up to ten percent of the wall face, and since that is over 2,000 square feet, they are also not exceeding those limitations. He calculated this is an increase of 35.38 square feet, and it will look very similar to the rendering. He noted that the applicant was unable to attend this evening, so he can address any questions on the applicant’s behalf. Mayor Taylor opened the floor for public comments, but no one spoke. Moved by Schmidt, seconded by Ziarko, RESOLVED, to approve the First Amendment to Conditional Rezoning Agreement between the city of Sterling Heights and Gallo Companies, LLC for the development of the Sterling Park Place Apartments on the east side of Schoenherr Road, between 14 Mile Road and 15 Mile Road in Section 36, PZ22-0002, and authorize the Mayor and City Clerk to execute the agreement on behalf of the City. Councilwoman Schmidt questioned whether the monument sign still be in place or whether they will have only the wall sign. Dr. Parcell replied to inquiry that the monument sign will remain. Councilwoman Schmidt noted the monument sign is low to the ground, and she has no issue with this. She wished Mr. Gallo was present, adding that she has observed the building is nearly finished and well lit; however, she is concerned that the lighting is very bright on Schoenherr. She would like to see if the City can verify that the light ordinance is not being violated, suggesting that possibly the lights can be angled down slightly to eliminate the distraction on Schoenherr. Dr. Parcell reviewed the photometrics plan, and the lighting installed should be what is allowed within the spillover outlined in the ordinance. He added that in new structures, there are times when the shielding is adjusted Regular City Council Meeting Tuesday, November 21, 2023 Page 9 incorrectly upon installation, so he will work with the Code Enforcement Department and Mr. Gallo to ensure it is properly installed. Councilwoman Schmidt stated that would be great, and expressed confidence that it is most likely a simple adjustment that needs to be made. Yes: All. The motion carried (7/0). C. Mayor Taylor stated this is to consider appointments to the City of Sterling Heights Boards and Commissions. He invited comments from the public, but no one spoke. Appointment of Nominee (Step 2) to Zoning Board of Appeals Moved by Radtke, seconded by Taylor, RESOLVED, to appoint Jaafar Chehab to the Zoning Board of Appeals to a term ending June 30, 2026, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Radtke stated Mr. Chehab has served as an alternate on the Zoning Board of Appeals and has currently been serving the role since the vacancy. He would like to see him elevated to a member of the full board. Mayor Taylor agreed. Yes: All. The motion carried (7/0). Appointment to Economic Development Corporation / Brownfield Redevelopment Authority Mayor Taylor noted this is an open position with a mayoral appointment to a partial term ending June 30, 2025. He received a recommendation for Riley Maher, a professional whom he knows and would fit in well with this board. Moved by Yanez, seconded by Ziarko, RESOLVED, to appoint Riley Maher to the Economic Development Corporation / Brownfield Redevelopment Authority to a term ending June 30, 2025, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Councilman Yanez stated that Mr. Maher was recently appointed to the Sustainability Commission. He felt he will do a good job on this committee. Mayor Taylor agreed. Yes: All. The motion carried (7/0). Appointments to Elected Officials’ Compensation Commission Regular City Council Meeting Tuesday, November 21, 2023 Page 10 Mayor Taylor stated there are two positions for this Commission, but he does not have anyone at this time. He pointed out they will not be meeting again until February 2025, so he would like to postpone this, possibly to the first meeting in August 2024, and he promised he will have two candidates. He inquired as to whether that is sufficient time. Clerk Ryska noted the first meeting in August will be on a Wednesday evening because of the election. The first City Council meeting in August will be on August 7, 2024. Mayor Taylor stated he would like this postponed until August 7, 2024. Moved by Ziarko, seconded by Schmidt, RESOLVED, to postpone the appointments to the Elected Officials’ Compensation Commission (06-30- 2025 & 06-30-2027) to the August 07, 2024 regular City Council meeting. Yes: All. The motion carried (7/0). D. Mayor Taylor stated this item was formerly Consent Agenda Item 7-E, which is to approve a cost sharing agreement between the City of Sterling Heights, Charter Township of Clinton, and the Macomb County Department of Roads for asphalt resurfacing of Moravian Drive, from Schoenherr Road to Garfield Road (Estimated City Share of Project Cost is $1,728,000). He opened the floor for public comments, but no one spoke. Moved by Schmidt, seconded by Ziarko, RESOLVED, to: 1. Approve the cost sharing agreement for the asphalt resurfacing of Moravian Drive, from Schoenherr Road to Garfield Road, subject to approval by the Macomb County Department of Roads and the Charter Township of Clinton; 2. Authorize the Mayor and City Clerk to execute the Agreement on behalf of the City of Sterling Heights; and 3. Authorize a budget amendment to use $228,000 of Major Road Fund Balance Reserves to complete the project. Councilwoman Schmidt stated she is very happy about this project. She inquired as to whether it is possible, when going through this process, to recommend or require some type of weight limit or commercial truck usage. She pointed out there is a lot of cut-through traffic by 18-wheelers, and she is concerned that will quickly deteriorate the road. Mr. Vanderpool replied to inquiry that they can express their concern and offer some ideas, adding that the County Department of Roads has been Regular City Council Meeting Tuesday, November 21, 2023 Page 11 cooperative with them in the past. He hopes there is a solution that can be worked out, and he appreciated Councilwoman Schmidt bringing this up. He stated they will look at it and report back to City Council. Councilwoman Ziarko agreed with Councilwoman Schmidt about the weight limits on Moravian. She inquired as to whether they intend to fill in the sidewalk gap along that stretch at the same time, at least the portion that falls within Sterling Heights, although she added it would be nice if they could talk Clinton Township into doing theirs at the same time. It would make a square around that area, perfect for bicyclists and pedestrians. She inquired as to whether this includes any ARPA funding. Mr. Vanderpool replied to inquiry this will be taken from their Major Road funds and not ARPA funds. Councilman Radtke commented that he was going to ask about the sidewalk gaps and whether it would be possible to fill those in at the same time they are doing the road work. Yes: All. The motion carried (7/0). 8. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Denise Kapushinski – speaking on behalf of a senior resident residing at Pineridge of Plumbrook; she explained the bill for the non- emergency lift assistance for seniors at that residence is being turned over by the management to the seniors; she spoke to the Fire Chief, who explained the ordinance; she requested that Pineridge of Plumbrook be notified that they are not to turn over these bills to the seniors; she understands that this ordinance was adopted to keep non- emergency calls at a lower frequency for the Fire Department, but it is sad that these facilities are turning the bills over to the senior residents, making them pay the facility, and the facility then pays the City; she pointed out the majority of seniors are on a low income, so often family members have to pay that fee; she reiterated her request to have something done to make Pineridge of Plumbrook pay. • Ben Soroka – former resident of Sterling Heights currently residing in Clinton Township; stated he fell in love with cycling on the Dodge Park trail system; emphasized he loves cycling and it has become part of his identity; expressed full support of the bike trail going to Lakeside Mall; commented that Hall Road is very scary for bicyclists, and suggested consideration of a pedestrian overpass so there is access to the north side of Hall Road; questioned whether Maple Lane will include a bike path; would like to see potential for connecting south so a connection can be made from Macomb College Center Campus to South Campus; commented the Iron Belle Trail, in its current state, is not bicycle-friendly because it takes bikers along Van Dyke, which is Regular City Council Meeting Tuesday, November 21, 2023 Page 12 also a very busy road; cited an example west of Milwaukee, Wisconsin, where they have bike trail they constructed in the center of a power line easement, and bicyclists can travel all the way from Milwaukee to the Mississippi River without going on a main road. 9. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool responded to the residents who spoke during communications from citizens. He talked about the lift assist ordinance previously passed by City Council, and he provided a brief history of why that ordinance was needed. He explained there are twenty-seven senior facilities across the City, and in most cases, they market themselves as full-service facilities, including medical care and emergency services available. They can then charge a much higher monthly rate, but in reality, they do not have anyone on site to respond to the lift assists. The Fire Department has to respond to them, and in most cases, they are not 911 emergency life- threatening calls. Under this Lift Assist Ordinance, facilities are charged an $800 fee per occurrence. What is happening is the owners, in this case Pine Ridge, are passing that cost on to the individual seniors. They should not be doing that, but instead, that $800 fee should be included in their overall operational cost. They can take the average number of lift assist calls they have in a year, multiply it by the $800 fee, and amortize that across the board in the monthly fees they assess each senior. He calculated it would only equate to an approximate 1.5-percent increase in what each senior is currently paying, rather than assessing individuals the $800 fee. Mr. Vanderpool assured they can continue to review it with the owners of Pine Ridge, but he cautioned they may continue to pass these fees on. They will need to look at some legal remedies to see if they can require them not to do this, although he believes the City Attorney will advise this would be a challenge. He appreciated their concern, and he assured they will continue to look at it. He encouraged the residents and their families to put some pressure on the ownership as well. Mr. Vanderpool responded to Mr. Soroka’s comments about the trail system, and he pointed out the Iron Belle Trail System passes directly through Sterling Regular City Council Meeting Tuesday, November 21, 2023 Page 13 Heights and has a major economic development impact on the City and surrounding region. Within their Master Plan for a trail system is running a path from 14 Mile Road all the way down the ITC corridor to M-59, with the first phase from Clinton River to M-59, and the second phase from 14 Mile to Clinton River. They are looking to put a pedestrian bridge over the Clinton River, which would be the third phase of the project. He cautioned it takes time to get these paths approved, but they have approval for the first phase. He agreed with Mr. Soroka’s concern about M-59 being dangerous for bicyclists, and they are working with all of the communities through a grant they received through the Southeastern Michigan Council of Governments (SEMCOG) in the amount of $50,000 to study the entire corridor from Utica Road all the way to I-94. The purpose of the grant is to design a more cohesive corridor because it is currently disjointed. He noted one of the features they are looking at is pedestrian movement around the corridor, including pedestrian access at various points along the corridor. He advised there will be a public engagement period, and he recommended that Mr. Soroka leave his name with the City Clerk so they can pass his contact information on to the consultant who will be helping with that study. Mayor Pro-Tem Sierawski addressed the concerns expressed about the fees being passed along to the residents from Pine Ridge of Plumbrook. She explained she is a nurse and has been working with patients and residents for years, and she agreed with Mr. Vanderpool’s encouragement to the families to fight the fee being passed on to the residents. She explained the ordinance was intended to put pressure on the facilities that are being paid to take care of their loved ones, including picking them up off the floor if they fall and get them safely back into their beds. They are calling the Fire Department to handle this, and the Fire Department will respond, but that bill should be paid by the facility and not given to the resident to pay. She thanked the residents who came out to “Puttin’ on the Ritz”, the fundraiser for Sterling Heights Community Foundation, noting a lot of money was raised Regular City Council Meeting Tuesday, November 21, 2023 Page 14 and it was a great event. She added this Foundation supports education, cultural events, and recreational events throughout the City. She wished everyone a Happy Thanksgiving, and reminded everyone that Sterling Christmas is taking place on December 2. Councilman Radtke questioned what right these senior facilities have to push the lift assist fees from the Fire Department on to their residents. Mr. Kaszubski stated that is a great question, and it may or may not be included in their lease agreement. They may be passing the bill on as a charge; however, the ordinance specifically states that the facility is to be billed, so the residents of these senior facilities should be challenging them when they are passing it on. Councilman Radtke questioned whether there is any way to change the ordinance to make it clear that the facility has to pay the fee rather than pass it on to the residents. Mr. Kaszubski replied to inquiry that it would be very difficult to control how that would be done. It is difficult to tell a business what they can do with whatever the charge is, because most businesses will pass on that charge in one form or another. Councilman Radtke commented that it is one thing to pass it on indirectly where it is spread across all residents, but he does not think it is right to pass that specific bill on to the resident. He clarified that the lift assist ordinance was put into place because of the abuse these senior facilities have done to the City’s emergency 911 system, and it seems the facilities are trying to protect their profit margins and abusing their residents. He hopes they can have some discussion at Strategic Planning about ways to try to tighten their ordinance or see how other communities are handling this. Mr. Kaszubski confirmed that several other communities have a lift assist ordinance, and he assured they are looking into it. Councilman Radtke commented about his recent visit to Atlanta for the National League of Cities, and he was very impressed with their 22-plus mile, Regular City Council Meeting Tuesday, November 21, 2023 Page 15 12-foot-wide beltline trail that goes around the center of their city, using a former rail line. He added they have tremendous mixed-use development along this trail. Based on a discussion with the non-profit organization running the trail, Beltline Inc., they have a private-public partnership to run the trail for the residents, and they have had over one million visits on that rail last year. He added they have converted a former Sears Roebuck Catalog warehouse into a vibrant open-air market full of energy. He suggested doing something like this in Sterling Heights, linking the new Lakeside trail with the 15-1/2 Mile relief drain trail from Hayes west to Dequindre, which would create a safe way for the residents to get to places in a way that would also provide an opportunity for more exercise. Councilman Radtke explained that he attended sessions on transit and places for people and making cities more pedestrian-friendly. He pointed out that Woodward is making space for pedestrians along that corridor, and he would like to think about multi-mobile purposes on Hall Road. He felt they should not prioritize people driving through the City as fast as possible over the people who want to live here. Councilman Radtke stated they also had a presentation on the opioid crisis and advocating a Quick Response Team, and he is proud to say that Sterling Heights has already implemented that solution, noting Sterling Heights is on the cutting edge in rolling out services to help their residents. He wished everyone a Happy Thanksgiving. Councilwoman Koski noted Mayor Pro-Tem Sierawski mentioned that the Community Foundation held their fundraiser this past week. She recalled being on City Council when that foundation was formed in the early 1990s, and former Mayor Jean Gush led the charge to form that foundation with the idea to purchase or do things for the residents of Sterling Heights that would not be a budgeted item. The Foundation could supply the “extra goodies” for the residents by raising money. She commended the Foundation today for the tremendous job they do on awarding scholarships, but she would like to see the Foundation come up with a 2040 Visioning Plan to let the residents Regular City Council Meeting Tuesday, November 21, 2023 Page 16 know their vision and how they intend to make life a little better for the residents of this City. She proposed they have a meeting with the Foundation, although she realizes they are an autonomous and it is not the place for City Council to interfere. She felt Council deserves some insight into their vision, and she asked Mr. Vanderpool as to whether it would be possible for the Foundation and Council to have a meeting or communication, have the Foundation put together a 2040 Vision Plan, and share it with Council. Mr. Vanderpool stated Councilwoman Koski has raised a lot of interesting and valid points. He confirmed that the Sterling Heights Area Community Foundation is legally autonomous from the City, but the City created the Foundation many years ago, and in addition, they provide in-kind services to the Foundation by staffing it, with Community Relations Director Melanie Davis and her entire team helping to support them. The City therefore has a vested financial interest, so he felt Councilwoman Koski’s questions are justified. Mr. Vanderpool stated they work with all of their partners to ensure they are doing all they can to have good long-range plans, and he provided several examples. He has had conversations with the Chairman of the Foundation about the need for future planning, and he felt this would be a good time to sit down and talk about the need for a Board retreat and the importance of visioning beyond their annual strategic plan to be sure this highly valuable partner of the City is on the cutting edge moving forward in the next fifteen to twenty years. This is important if the Council wants to continue to provide in-kind support to the Foundation. He appreciates that Councilwoman Koski brought this up, and he felt the opportunity is good for Mayor Taylor and himself to meet with the Foundation Chairperson. He indicated they will do that shortly and report back to City Council. He suggested that possibly Strategize, who has helped the City with their Visioning 2040 plan, would help them out at a very reasonable cost. He looks forward to reporting back to Council on this issue. Regular City Council Meeting Tuesday, November 21, 2023 Page 17 Councilwoman Koski stated she is aware that Clinton River Road will be redone, and she requested the sidewalks be completed along that stretch, noting they are not completed. Mr. Vanderpool replied that the sidewalks along Clinton River Road are ninety percent complete; however, they have run into a glitch at the corner of Saal and Clinton River Road, where the easement is not perfectly aligned according to the legal description. That has caused a slight delay, but they filled the majority of gaps. He hopes this will be resolved so the project can be completed in the next construction season. He assured it will be included in the proposed budget. Councilwoman Ziarko stated that several of them attended the National League of Cities in Atlanta, and it was a learning experience. They looked at issues like sustainability, housing, the opioid crisis, and they had a session with the founder of the World Kitchen that goes into the devastated areas of the world, cooking for people after catastrophes. They are currently feeding people in Poland and Ukraine. She explained one of the highlights for her was when she and Councilwoman Schmidt were returning home on the plane, and they were able to have a conversation with Lieutenant Governor Garland Gilchrist, who thanked them for going to that convention and putting Michigan input to what is going on across the country. Councilwoman Ziarko addressed the comments from citizens and stated it bothers her that people in senior facilities are getting charged for lift assist, because that was not the intention of Council. She questioned whether there is a way they can look back at some of these calls to find out whether they were initiated by the individual resident or the facility, and she requested a report back on that information. She believes this is the only facility in the City that is passing the cost on to their residents, so the ordinance has been successful in other places. She addressed Mr. Soroka’s comment about bike lanes versus trails, and stressed she is going to continue to push for the trails because people on bikes feel safer on the trails than they do in a bike lane. Regular City Council Meeting Tuesday, November 21, 2023 Page 18 Councilwoman Ziarko agreed with Councilwoman Koski about her request for the Sterling Heights Area Community Foundation to come up with a vision plan. She understands they are autonomous, but she questioned whether the bylaws of the Foundation are available for them to look at. She would like to see their responsibilities, the means they have of raising money, and the places to where that money can be distributed. She knows they have a public meeting in April, and she suggested that possibly some of the Council attend that meeting to hear what they have to say in their annual report. She wished everyone a Happy Thanksgiving. Councilwoman Schmidt stated that she and Councilwoman Ziarko attended the Women in Municipal Government luncheon at the National League of Cities conference, and the participation of women in city government has now skyrocketed. She was very happy to represent the City of Sterling Heights, noting that this City has often had a female majority on Council, so she is proud. She stressed it was a great conference and they learned a lot. Councilwoman Schmidt addressed the concerns expressed by the residents this evening, especially regarding Pine Ridge passing on their lift assist charges to the individuals. She pointed out there is a simple solution for Pine Ridge which does not cost a lot of money, and that is the purchase of a Hoyer Lift, making it very easy to get a patient off of the floor without having to call 911 or the Fire Department. She felt passing this on is unconscionable, and hoped the residents will fight it, adding they have the support of City Council on this. She wished everyone a Happy Thanksgiving. Councilman Yanez addressed the lift assist situation at Pine Ridge. He talked earlier today with the resident who spoke tonight, indicating it is about her mother who is a resident at Pine Ridge, and she simply slid out of her wheelchair. She did not fall or get hurt but needed help getting back in her chair. She called the staff at Pine Ridge, and the staff called the Fire Department. When the family got the bill three months later, they were told by Pine Ridge to pay them, and they would pay the City so that they would Regular City Council Meeting Tuesday, November 21, 2023 Page 19 get the credit for paying the bill. He attended a meeting last week for the Area Agency on Aging, and he found out there is a lack of ombudsmen in this State. He added there is one ombudsman for every 9,000 beds in these facilities. There is one ombudsman who represents all of Macomb and St. Clair counties. If someone has an issue with a facility, they can reach out to an ombudsman, who serves as representative of the people who live in these facilities to the State of Michigan. He questioned whether this facility is licensed by the State of Michigan. Mr. Kaszubski replied to inquiry that it is not licensed by the State of Michigan because it is categorized as “senior living”; however, they advertise an assisted living component. Councilman Yanez talked with the Fire Chief, who informed him that their run numbers are down, and the lift ordinance is working. He felt the City needs to do something to deal with this “loophole”, although he is not sure how this can be handled. He questioned whether the facility has to be licensed in order to do business in the City. Mr. Kaszubski replied they are licensed in the State of Michigan, but they do not have an independent license that hospitals or nursing homes would have. He replied to further inquiry that they do have a business license in the City of Sterling Heights. Councilman Yanez suggested they will need further conversation on this issue, adding he is not willing to “let this slide through the cracks.” Councilman Yanez addressed the trails, and he thanked Mr. Soroka for commenting this evening on that issue. Trails are very important to people and one of the reasons they move into an area that has trails. He stated he received another telephone call today about the ITC corridor, and he questioned whether there are any restrictions from ITC regarding where the trail has to be located. He was told it has to be fifty feet from the property line, but he questioned whether ITC is flexible on that. He pointed out there is a significant amount of woodland between the homeowners and the open Regular City Council Meeting Tuesday, November 21, 2023 Page 20 part of the corridor, and they want the trail as far away as possible from their homes to preserve as many trees as possible and retain the natural effect they have now. He questioned whether that small section of the trail can be moved as far away from the houses as possible. Mr. Vanderpool stated they are working with ITC and looking at all options, but it will be very difficult to move the trail further out, especially because that particular section has ancillary electrical lines outside of the corridor, so that is a challenge. ITC will not allow the path to be directly under those lines. He assured they will not give up and will see if there is any flexibility to move it. If it has to stay in its current proposed location, there will be significant tree buffering and landscaping that will shield it somewhat. He assured they are not tearing down any trees, and any that have to be removed will be replaced. They are continuing to work on it, and he assured he will report back to Council once they are further along. Councilman Yanez stated he hopes the City has good communication with the homeowners along that stretch, adding they need to let the residents know if there is a technical reason why they cannot accommodate their request. He wished everyone a Happy Thanksgiving. Mayor Taylor stated he met with Pine Ridge several months ago when this ordinance passed. He met with their manager, as well as about twelve to fourteen residents, and he heard their concerns. He explained that Pine Ridge tried to make it seem like they are no different than any apartment complex in the City of Sterling Heights, and they do not provide assisted living, so that is why they are not licensed with the State of Michigan. They claim they are an independent living facility where they essentially lease apartments; however, they offer to all that they are an independent living facility where they essentially lease apartments; however, they offer all types of add-ons. He does not know how their pricing works, and whether the residents are required to have a meal plan, but he pointed out on their website, they list countless amenities, including dining room, café, enrichment Regular City Council Meeting Tuesday, November 21, 2023 Page 21 room, library, fitness center, theater, wellness center, billiards, salon, and they also advertise on their website that they have “transportation, 24-hour emergency response system on site, home health, and rehab services.” He felt they are advertising this and getting people to live there with the idea they will be taking care of all the residents’ needs. He recalled the rents for senior apartments are at most $2,000 to $2,500 per month. He cited some of the advertised prices of apartments at Pine Ridge, with a 581 square foot one- bedroom, one bathroom unit starting at $3,100 per month, and the two bedroom, two-bathroom units ranging from 804 square feet to 881 square feet are advertised as starting from $3,910 to $4,100 per month. He pointed out that the fees for lift assist will get passed on to the residents one way or another, but even if there is one call to that facility a week, or approximately 50 calls per year, that would be $40,000 annually. That amount spread over 110 units is less than $60 a month, so he felt it is manageable if they handle it that way. He suggested to them they purchase a Hoyer lift, which is about $2,500 for a good one, but they claimed they have no one who can use it. He emphasized they have alternatives available to them, but they have not pursued them. He assured he will express to Pine Ridge that the City is very upset with the way they are handling this, and they need to quickly figure out a better solution. He appreciated the residents being present tonight to bring this forward to Council, and he assured they have a unified City Council that believes the facility’s handling of these fees needs to be changed. Mayor Taylor acknowledged the scouts in the audience this evening, adding it is good to have them involved and engaged in the civic process. He wished everyone a Happy Thanksgiving. 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 Regular City Council Meeting Tuesday, November 21, 2023 Page 22 Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (7/0). The meeting was adjourned at 8:41 p.m. MELANIE D. RYSKA, City Clerk