City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, FEBRUARY 20, 2024 IN CITY HALL 1. Mayor Pro-Tem Sierawski called the meeting to order at 7:00 p.m. 2. Mayor Pro-Tem Sierawski led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members present at roll call: Deanna Koski, Michael V. Radtke, Jr., Liz Sierawski, Henry Yanez, Barbara A. Ziarko Absent: Maria G. Schmidt, Michael C. Taylor Also Present: Jeffrey Bahorski, Assistant City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried (5/0). 5. REPORT FROM CITY MANAGER Mr. Bahorski stated that Mr. Vanderpool requested he highlight the 26th Annual Cultural Exchange scheduled for Friday, March 8, 2024, from 6 p.m. to 10 p.m. He stated this is an incredible event featuring music, dance, entertainment, and cultural displays from many of the diverse ethnic groups residing in Sterling Heights. He informed this will be held at the Sterling Heights Community Center, 40250 Dodge Park Road. He thanked the Ethnic Community Committee for its efforts in making this a premier event. Mr. Bahorski announced they have a presentation this evening highlighting the new initiative funded through a federal Safe Streets for All grant. He noted that the City is a very large geographic area with many major roads running through it, all carrying high volumes of traffic at peak travel times. He acknowledged they keep very good records on accidents, there has not been a significant and sustained effort to try to prevent them. Speeding is especially frustrating, regardless of the number of tickets written. He reported that the award of a significant federal grant to study traffic safety in Sterling Heights, there is momentum to research and implement innovative initiatives Regular City Council Meeting Tuesday, February 20, 2024 Page 2 to make driving safer in this City. He invited City Engineer Brent Bashaw to provide more details on this initiative. City Engineer Brent Bashaw explained that the City has received a large federal grant to study roadway safety in the City of Sterling Heights. This grant application, titled SS4A (Safe Streets for All), was made jointly by the Macomb County Department of Roads and the City of Sterling Heights. This will result in a Comprehensive Safety Action Plan, with the County and City hiring separate consultants to meet the goals each organization desires. He explained the three primary components in the Sterling Heights plan, the first of which is a city-wide review of major road intersections and roadways. The second component will focus on the six-mile-long Ryan Road corridor, and the third component will focus on traffic calming ideas and implementation practices. He explained a committee has been formed to guide the project and provide a full perspective on the ideas. He added the committee includes representatives from the Police Department’s Traffic Division, Fire Department, DPW, Planning Office, Engineering Office, City Management, Community Relations, and Purchasing. There will also be a public involvement process. Mr. Bahorski reviewed the major components of the study, the first which includes a review of all major intersections in the City. He explained the Office of Engineering and the Police Department compiled some intersection crash data for the five-year period from 2018 through 2022, and he showed a chart reflecting the top thirty intersections within the City with the highest total number of crashes. The second chart showed the same intersection crash data but also including the percentage of injury crashes. He pointed out that the intersection with the highest number of crashes is the 18-1/2 Mile/M-53 intersection (roundabout); however, the injury crash rate for that intersection is one of the lowest at seven percent, attributed to the fact that roundabouts eliminate the left turn angle accidents and T-bone accidents, which are typically the most severe accidents that occur at standard intersections. He showed another chart depicting the intersections Regular City Council Meeting Tuesday, February 20, 2024 Page 3 with the highest percentages of crashes resulting in injury accidents, noting the Dobry Road/Merrill Road intersection was at the top, with forty-seven percent of its crashes involving injuries. The final slide shows the intersections ranked by the number of fatal accidents, and they can be analyzed by the police reports as to the cause of the crash in order to look for ways to improve the intersections. These charts all contain important information and will be a great starting point to look for safety implementation ideas. Mr. Bashaw addressed the second major component of the study, which is the study of Ryan Road through City limits. He explained the City engaged in a safety study years ago regarding the intersection of 15 Mile and Ryan, and there have been numerous recommended improvements implemented continuously. He showed a chart of crash reduction rates for intersections in Macomb County from 2016 – 2020, and the 15 Mile/Ryan intersection led this group, with a sixty-four percent reduction in crashes within this time period. He pointed out, however, that in looking at the entire road, Ryan Road has the highest percentage of injury crash rates of any corridor in the City, so they would like to explore what can be done as part of this study. He pointed out both Mound and Dequindre Roads have increased their vehicular capacities with the latest projects. They will be looking at what can improve the aesthetics and the feel of this road in the heavy residential corridor, such as road diets, lane width reductions, median installations, roundabouts, and other ideas to provide a plan to shape the future for Ryan Road. Mr. Bashaw explained the third major objective in their study to look into methods the City can incorporate in traffic calming on city streets and create a plan to move forward. He explained their committee has researched and found many effective ways where this has been accomplished in other areas, such as increasing tree canopies, producing roadway artwork, pavement markings, installation of medians and neighborhood entrance, as well as chicanes and curb extensions. Speed cushions and speed humps are also Regular City Council Meeting Tuesday, February 20, 2024 Page 4 used by many communities for traffic-calming. He stated there are many more unique and interesting ideas that can be analyzed and reviewed as part of this study. Mr. Bashaw provided a brief timeline for the Comprehensive Transportation Safety Action Plan (CTSAP), starting with four proposals received this month. He explained the steps with their anticipated completion dates, with the final plan anticipated to be completed and submitted to the Federal Government in March 2025. He noted there will be a public participation portion at some point in this period, which will be a very important part of this study. He stated this concludes his presentation. Mr. Bahorski stated this concludes the City Manager’s report, although he stated they would be happy to hear any feedback from the City Engineer’s presentation, as well as answer any questions. Councilman Radke noted the study will include analyzing the major intersections of the City, but he inquired as to whether they will be looking at any of the residential streets, including some of the longer residential streets such as Brougham or Fox Hill that receive many speeding complaints. Mr. Bashaw replied there will be a high interest in reviewing the local roads as well, and a lot of traffic-calming ideas will be focused on the local roads, especially those with a high list of speeding complaints. They will look at roads that are on the Police Department’s radar. Councilman Radtke stated he is looking forward to it, although he is not a fan of speed humps or speed bumps. He felt there is a lot they can do to calm the roads and neighborhoods, slow the vehicles, and make it safer for pedestrians. 6. ORDINANCE INTRODUCTIONS A. Mayor Pro-Tem Sierawski stated this is to consider introduction of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the east side of Dequindre Road, between Oakcrest Road and Maplecrest Road, in Section 30, from R-60 (One Family Residential District) to O-1 (Business & Professional Office District); Case No. PZ23- Regular City Council Meeting Tuesday, February 20, 2024 Page 5 0011. He invited Dr. Jake Parcell, City Planner/City Development Manager, to give a presentation. Dr. Jake Parcell explained this is a proposed rezoning from single-family to office use. The applicant is requesting this as a Conditional Rezoning with the intent of constructing an office building, located north of 15 Mile Road, east of Dequindre Road. It is currently zoned R-60 (One Family Residential), and the existing land use is vacant. He showed an aerial of the property and surrounding area, noting the property to the south is zoned O-1 (Office Professional District), to the north is zoned C-1 and developed with a commercial plaza, and the Master Land Use Plan designates the subject property as office. It is anticipated to be a use similar to the south and developed with a medical office along Dequindre Road. He showed a street view of the property, noting it is an un-treed parcel with very little vegetation. The applicant is proposing a 3,600 square foot building, utilizing a trash bin with no dumpster pad to be respectful to adjacent single-family property. There will be thirty-three parking spaces, which is the number required. It meets the majority of the ordinance, with the only modification being parking in the front yard setback because the property does not meet the size of the traditional minimum lot size for O-1. There is detention pond proposed in the front yard along Oakcrest, but no vehicular access to that street is being proposed. There is a buffering with a six-foot-high masonry wall proposed along the eastern property line as required by ordinance. He explained there are medical offices along Dequindre, demonstrating the need for it in the area. He noted that office is generally a transition between major thoroughfares and residential housing, and this would continue the office use on Dequindre. He acknowledged it will be a little tight with parking in the front yard setback, although the applicant is doing so to be respectful of the housing on the eastern side of the lot. He showed the site plan, noting the site will be well landscaped, and there are no modifications from the landscape ordinance. There will be no trees along the masonry wall because there is not sufficient Regular City Council Meeting Tuesday, February 20, 2024 Page 6 room for them with parking. The building will be comprised of glass and masonry, far exceeding ordinance standards. He offered to answer questions and added that the applicant is also present this evening. Petitioner Imad Potres, Futuristic Design Consultant, stated he prepared the site plan about four years ago for the previous owner, who obtained approval for a conditional rezoning, but then passed away. The property was sold to the new owner, but the plan is exactly the same. They are seeking a new tenant for this proposed building, and the new owner is eager to start construction, hopefully this summer. He assured they tried to comply with the zoning ordinance as much as possible. He offered to answer any questions. Mayor Pro-Tem Sierawski opened the floor for public comment, but no one spoke. Moved by Radtke, seconded by Ziarko, RESOLVED, introduce the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the east side of Dequindre Road, between Oakcrest Road and Maplecrest Road, in Section 30, from R-60 (One Family Residential District) to O-1 (Business & Professional Office District); Case No. PZ23-0011; 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 property at the March 5th, 2024 regular meeting. Councilman Radtke noted that they are proposing thirty-three parking spaces on the site plan; however, he read in his packet that the applicant is willing to landbank four of the spaces. Dr. Parcell replied the applicant is open to paving twenty-nine parking spaces and landbanking four additional spaces. Councilman Radtke questioned where the landbanked spaces would be. Dr. Parcell replied to inquiry that their preference would be to have the four landbanked spaces on the northern side, thus removing the parking from the front yard setback of Dequindre Road to increase the greenspace and buffer. He commented there is also an argument to be made to landbank four of the spaces along the wall in order to add some extra vegetation as a buffer for the abutting single-family home. He stated they are open to discuss it with the applicant and go with whatever is the easiest for them. Regular City Council Meeting Tuesday, February 20, 2024 Page 7 Councilman Radtke preferred the landbanking four of the spaces along the long wall abutting the residential property. He stated this is a wonderful site plan, he is happy about the landscaping, and he commented they are going above and beyond to create a beautiful building on a currently empty field. He appreciated their willingness to landbank, assuring that if they find they need those spaces, they will be allowed to open them up. Councilwoman Ziarko agreed that this is a good project the way it is presented, and she commended all who worked on it to make it an easy decision for Council. She added she is in favor of it. Mayor Pro-Tem Sierawski stated it is a nice project, and it is wonderful to have a project that is not asking for multiple variances. She thanked the applicant for bringing this forward. Yes: All. The motion carried (5/0). 7. ORDINANCE ADOPTIONS Mayor Pro-Tem Sierawski stated this is to consider adoption of a map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the south side of Fifteen Mile Road, west of Mound Road, in Section 32, from R-60 (One Family Residential District) to O-1 (Business & Professional Office District); Case No. PZ23-0010. She invited Dr. Jake Parcell, City Planner/City Development Manager, to give a presentation. Dr. Jake Parcell explained they worked with the applicant following the last meeting to address some of the changes requested by Council. He added they were excited about it because it increases the green space on site as well as adding a concrete walkway. As per Councilman Radtke’s comments at the last meeting, they have now added the five-foot walkway leading to the front of the office plaza from 15 Mile Road. They have increased the green area, adding three parking spaces that will be landbanked. The applicant believes the remaining parking will be sufficient to handle the number of patrons who will be coming into the office building, especially during tax season. They have made some changes, providing a landscape plan in anticipation that the tree line will be extended should the landscaped parking Regular City Council Meeting Tuesday, February 20, 2024 Page 8 area be approved during the site plan review process. He added that everything else will remain the same as previously submitted to Council. He offered to answer questions and noted that the applicant’s representative is also here this evening. The petitioner’s representative stated she has the signature for the agreement, adding that the applicant is willing to work with the City to do whatever it takes to get this project started. If he receives approval, he will complete the paperwork tomorrow and begin to proceed with the plans. Mayor Pro-Tem Sierawski opened the floor for public comments. • Paul Smith – commented that the last two items on tonight’s agenda are converting residential property to commercial, even though people complain the City is short on residential development and overbuilt on commercial; he noted there are new office buildings on Mound Road that have never been occupied; he stated business owners, rather than the planner or City Council, should be able to determine the parking needs for their own businesses; cautioned that in winter months when there is a lot of snow, extra parking spaces are needed for all of the snow that is piled up. Moved by Ziarko, seconded by Radtke, RESOLVED, to adopt the map amendment to Zoning Ordinance No. 278 to conditionally rezone property situated on the south side of Fifteen Mile Road, west of Mound Road, in Section 32, from R-60 (One Family Residential District) to O-1 (Business & Professional Office District); Case No. PZ23-0010 subject to the terms and conditions of the conditional rezoning agreement that the Mayor and City Clerk are authorized to sign on behalf of the City. Councilwoman Ziarko stated she is happy with some of the changes made. She commented on Mr. Smith’s comment about empty office space available in the City; however, she reminded that some people prefer to own their own building. She indicated some of the empty buildings are intentional because the owners are trying to keep them empty for a tax write-off. She stated she is in favor of this, and she thanked the applicant for the changes they were able to accomplish. Councilman Radtke thanked the applicant for working with the City to provide more greenspace. He is confident it will be a great project, and he pointed out both of these rezonings are extensions of the zoning that is already in place on abutting property. He assured he takes Mr. Smith’s comments seriously, but if this property were to remain residential, it would only Regular City Council Meeting Tuesday, February 20, 2024 Page 9 accommodate two houses, so they are not subtracting from the City’s housing supply. He agreed with Councilwoman Ziarko that, while there are office vacancies in the City, if someone wants to buy land and own their own property, it is not up to Council to tell them they cannot do it. He added it is the American dream to own their own land. He stated there are a lot of unused parking spaces throughout the City, and he explained that in planning conferences they attend, they are told that parking should be utilized at eighty percent. If that occurs, empty spaces are available, but not to excess. He addressed the problems with too much pavement, including flooding during heavy rains, as well as absorbing the heat and radiating that heat at night. He emphasized that planners and City Council are not trying to get between a business and what he feels he needs for his business, but they have to think about the City and make sure it works for everyone. He stated he is happy with this proposal and will be voting in favor of it. Yes: All. The motion carried (5/0). 8. CONSENT AGENDA Mayor Pro-Tem Sierawski stated this item is consideration of the Consent Agenda. She opened the floor for public comments. • Ken Nelson – addressed Item 8-L, which is to schedule a public hearing on March 19th, 2024 at 7:00 p.m. to discuss an application for a mixed-use Planned Unit Development (PUD) on ten acres of land east of Van Dyke, south of Brougham, for the purpose of allowing construction of 233 apartment units and 5 commercial units; he noted this development is proposed to abut residential subdivisions, and he urged neighbors in this area to attend that meeting. • Paul Smith – addressed Item 8-L; commented this is the same item that previously came before Council and was defeated; concerned that what is being proposed is a massive overdevelopment of property; commented that people do not want commercial and residential uses mixed together; felt this should be removed from the March 19th agenda and rejected. • Unidentified man – addressed Item 8-L; concerned about the company that is proposing this development, as well as other companies that come in and try to raise rent prices, which may push other apartments in the area to increase their rent as well. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Special Meeting of January 30, 2024. B. To approve the minutes of the Regular Meeting of February 6, 2024. Regular City Council Meeting Tuesday, February 20, 2024 Page 10 C. To approve payment of the bills as presented: General Fund - $1,284,245.92, Water & Sewer Fund - $5,113,828.46, Other Funds - $2,524,762.17, Total Checks - $8,922,836.55. D. RESOLVED, to accept the proposal by Advanced Lighting and Sound, Inc., 1026 Maplelawn Dr, Troy, MI 48084, for a new Castus Quickcast single channel HD-SDI playback server with Video On Demand, Live Streaming, labor and migration services, warranty, and tech support at a cost of $13,618 and authorize the City Manager to sign all required documentation on behalf of the City. E. RESOLVED, to approve subscription agreements with Davey Resource Group, 24301 Catherine Industrial Drive #124, Novi, MI 48375 for: 1. A three-year term, for TreeKeeper software, inclusive of indemnification; and 2. A one-year term for Treekeeper Canopy with system buildout and virtual training; and 3. Authorize the City Manager to sign all documentation necessary to facilitate this agreement. F. RESOLVED, to approve the rental and cleaning of uniforms, shop towels, and floor mats from Cintas Corporation, 6800 Cintas Boulevard, Mason, OH 45040, at unit pricing available through National Intergovernmental Purchasing Alliance Cooperative Purchasing Contract No. 001299 for the period February 21, 2024 through May 31, 2029, and authorize the City Manager to sign all documents required in conjunction with this approval on behalf of the City. G. RESOLVED, to purchase miscellaneous water and sewer tools and repair/replacement parts from Ferguson Enterprises, LLC, 751 Lakefront Commons, Newport News, VA 23606, at competitive pricing available through National Cooperative Purchasing Alliance Contract No. 02-138 through April 30, 2025, and, if the contract term is extended, through April 30, 2027. H. RESOLVED, to award the bid for mowing and maintenance of Hall Road (M-59), from Dequindre Road to I-94, and Van Dyke (M-53), from Hall Road to 14 Mile Road, to Green Meadows Lawnscape, Inc., 2359 Avon Industrial Drive, Rochester Hills, MI 48309, for the period April 1, 2024 through December 31, 2026 at unit prices bid, subject to approval and provision of funding by the Michigan Department of Transportation. I. RESOLVED, to award the bid for median and right-of-way mowing and maintenance to Green Meadows Lawnscape, Inc., 2359 Avon Industrial Drive, Rochester Hills, MI 48309, for the period April 1, 2024 through December 31, 2026, based on unit prices bid, subject to provision of adequate funding by the County of Macomb. J. RESOLVED, to split the award of the bid for bulk aggregate materials to the vendors and at the respective unit prices bid below for a one- year period: To: Dani’s Transport, Inc., 5700 Ready Rd, S. Rockwood MI 48179 A. Fill Sand $8.80 per ton B. Fine Crush Concrete $14.75 per ton C. Clean Topsoil $14.20 per cubic yard D. 6A Limestone $27.25 per ton E. Mason Sand $15.10 per ton To: J.T. Express, Ltd., PO Box 204, Imlay City, MI 48444 E. Road Gravel $18.50 per ton G. Pea Gravel $22.50 per ton K. RESOLVED, to purchase Dell computer monitors and equipment from People Driven Technology, Inc., 6300 Venture Hills Boulevard SW, Byron Center, MI 49315, at competitive pricing available through the Regular City Council Meeting Tuesday, February 20, 2024 Page 11 Midwestern Higher Education Commission Cooperative Purchasing Contract #MHEC-04152022 at a cumulative cost of $18,191.30 and authorize the City Manager to sign all required documents on behalf of the City. L. RESOLVED, to set the public hearing on Tuesday, March 19th, 2024 at 7:00 p.m. regarding the application by MZG Properties, LLC for a mixed-use Planned Unit Development (PUD) on approximately 10 acres of land situated east of Van Dyke, south of Brougham Drive, in Section 27 of the City; PPUD23-0006. M. RESOLVED, to adopt the resolution establishing the schedule of the City Council Budget Workshops and Charter Public Hearing for the purpose of reviewing and acting upon the fiscal year 2024/25 proposed budget and direct the City Clerk to provide the appropriate notice as required by Michigan's Open Meetings Act. Yes: All. The motion carried (5/0). 9. CONSIDERATION A. Mayor Pro-Tem Sierawski stated this is to consider approval of a memorandum of understanding between the City of Sterling Heights and MAPE Technical/Office Employees Union. She invited Assistant City Manager/Human Resources Director Jeffrey A. Bahorski to give a presentation. Mr. Bahorski explained they have eleven bargaining units representing employees in the City, and three of those bargaining units, in their collective bargaining agreements, have the ability to apply for reclassification. He explained reclassification typically occurs when the employee feels there has been a permanent and material change in their job duties. In most cases, this involves reclassifying to a position as provided for within the collective bargaining agreement, so they generally do not have to come before Council. There are circumstances where a reclassification is determined to be to a position not in the contract, and when that occurs, they are required to sit down with union representation and negotiate a new job classification, wages, and benefits. He explained that, while these do not occur frequently, they do come up at times, and this is one of those situations where Council will be considering a Memorandum of Understanding (MOU) with the MAPE Technical Office Employee Union. One of their members applied for reclassification and was determined to be eligible. The MOU submitted to Council this evening has been approved by the union and based on the new Regular City Council Meeting Tuesday, February 20, 2024 Page 12 position agreed to for the employee, the City is also recommending approval of the MOU. He offered to answer questions. Mayor Pro-Tem Sierawski opened the floor for comments from the audience, but no one spoke. Moved by Ziarko, seconded by Yanez, RESOLVED, to approve the memorandum of understanding between the city of Sterling Heights and MAPE Technical/Office Employees Union creating the Treasury Services Specialist job classification and authorize the Mayor and City Clerk to sign it on behalf of the City. Councilwoman Ziarko is grateful they were able to reach an agreement. For the benefit of the residents, she requested Mr. Bahorski explain the documentation and process that went into making this recommendation. Mr. Bahorski explained that under the contract, employees have the ability to request reclassification one time during the time of the contract, which in this case is a three-year contract. They must apply by November 1st, which allows for a three-month period to evaluate the merits of the reclassification. By contract, they have an independent arbitrator to evaluate the request. The City preliminary reviews the requests, and if they feel the duties can be pulled back, they can do so. If there is a material change, it is given to the third- party consultant, and in this case, they used Rahmberg Stover and Associates. In many cases, it is a reclassification to another position within the union, but on rare occasions, there is no position to which they can be moved, and that prompts the negotiation with the union. He assured it is a thorough process, and he recalls out of six requests this year, two of those were granted. Councilwoman Ziarko appreciated that management is open to negotiating these positions and the changes in the contract, and the union coming forward and agreeing to it as well. She stated she is in favor of this recommendation. Councilman Yanez questioned whether the position of Management Assistant still exists in the contract. Mr. Bahorski replied affirmatively. Regular City Council Meeting Tuesday, February 20, 2024 Page 13 Councilman Yanez questioned whether that position can be filled at any time. Mr. Bahorski replied that is correct. Councilman Radtke questioned whether other Management Assistants in the Treasury Department apply for this since this new reclassification position has been created. He noted there is more than one Management Assistant, so he questioned the procedure for them to also be elevated to the new position. Mr. Bahorski clarified this is applicable to the person who applied, so there is no competitive process. It was not a vacancy but rather a reclassification, so it does not increase headcount. All Management Assistants who are under this contract can apply, but they would have to demonstrate that their job has changed materially on a permanent basis. Councilman Radtke questioned whether there are other Management Assistants in the Treasury Department who believe they also perform this same job and may be eligible for this position. Mr. Bahorski explained that they would have to apply separately. He does not believe it would happen because this situation is unique in the fact that this particular individual’s job duties had changed, so there is only one position for the Treasury Services Specialist. Councilman Radtke stated he has no problem with this if this employee’s role has changed. Councilwoman Koski questioned how this employee get the additional duties, whether it was something she did on her own, or whether it was management that gave her the additional duties. Mr. Bahorski explained that if management gave her duties outside of her position, they have the ability to step in and inform that manager that he/she is overstepping with their employee. That would not qualify for a reclassification. In this particular situation, this individual experienced a fundamental change in her duties. There was a finding that she had become significantly more involved in collections, financial tasks, and other new tasks such as cell tower contracts. It can result from a change in technology or Regular City Council Meeting Tuesday, February 20, 2024 Page 14 processes, and they try to be as fair as possible, so if the duties truly change, they try to accommodate it through this process. Councilwoman Koski commented it seems like this employee was doing things that someone must have been doing for a long time. She questioned whether this employee took it upon herself to take the additional duties on, or whether she took on someone else’s duties. Mr. Bahorski clarified if an employee independently takes on additional duties, it would not be grounds for a reclassification, and he assured that did not happen. He added if that occurs, many times the union is questioning management as to why they are requesting the union to work beyond their scope of the job. He reiterated that the job evolved, but it was not because she started independently seeking and taking on duties outside of her job description. Councilman Yanez questioned where the money came from to pay for this new position. Mr. Bahorski clarified he was referring to whether other Management Assistants have the ability to fill a similar role in the future, but at this time, there is no intention to budget two of the reclassified position. Councilman Yanez questioned where the money came from to budget this position. Mr. Bahorski replied the money came from the Management Assistant position, which is her current position. Through this contractual process, her wages will go up, so there will be a higher cost. Councilman Yanez questioned how they will be able to hire someone as a Management Assistant, which he understands is a position still listed in the contract, but he pointed out that no money is budgeted for that position since that money was used to pay toward the new position. Mr. Bahorski explained there are no funds for an additional Management Assistant. There are many Management Assistant positions in many departments, so there are other Management Assistant positions in the City. Regular City Council Meeting Tuesday, February 20, 2024 Page 15 Mayor Pro-Tem Sierawski stated she has no problems with this request. Yes: All. The motion carried (5/0). 10. COMMUNICATIONS FROM CITIZENS Mayor Pro-Tem Sierawski opened the floor for public comments. There were numerous people who spoke this evening on the Middle East conflict, expressing their concern and many requesting that City Council adopt a resolution for a ceasefire. The following spoke on this issue: • Unidentified male – referred to this as genocide; opposed to tax dollars being spent on this; wants ceasefire. • Sarah Wincline – referred to it as genocide; asked for City to facilitate meetings with legislators; government works for the people. • Masood Hasim – noted other communities throughout Michigan have adopted ceasefire resolutions; felt Sterling Heights should do the same since they are a community of diversity and inclusion. • Unidentified male – stressed their voices matter; wants ceasefire. • Unidentified male – questioned Council’s hesitation on adopting a ceasefire resolution. • Paul Smith – cited statistics on Middle East conflict, which has been going on since 1947. • Asad Khan – opposed to tax dollars supporting this; could not see the importance of having a local government if they are not going to help on this issue; wants a ceasefire resolution. • Mohammad Zayed – American citizen born and raised here, but his family is from Palestine; requested ceasefire resolution and a flag to be flown on the City campus to support Palestine. • Joann – citizen of Sterling Heights and a Christian Palestinian; upset that her city is not calling for a ceasefire. • Zohair Ghanam – resident of Sterling Heights; wants ceasefire resolution. • Shahid – opposed to his taxes going to Israel; advocated for City Council to adopt ceasefire resolution. • Shameem Akhmed – works as Senior Environmental Engineer for State of Michigan; concerned about quality of life in Palestine; urged City to speak, which is something they can do. • Syed Mohsin – explained there was peace in Palestine until 1916 when British took over; requested City adopt ceasefire resolution including words “ceasefire”, “Palestine”, and “genocide.” • Unidentified male – urged City Council to approve a ceasefire. • Unidentified male – requested City Council to call for a ceasefire. • Faiz Anwar – referred to the attacks on Gaza as “the first video streamed genocide;” referred to numerous comments on social media; called for permanent ceasefire resolution, stressing it is a humanitarian crisis. • Unidentified male – compared the situation in the Middle East to the Jewish Holocaust; hoped they can have world peace. • Unidentified female – understood City Council must speak for the community at large; felt most Americans support a ceasefire; requested City Council adopt a ceasefire resolution. There were additional comments from residents that were not referencing the crisis in the Middle East: Regular City Council Meeting Tuesday, February 20, 2024 Page 16 • Jim – resident of Sterling Heights; opposed to bike path through the ITC corridor; noted it is a marshy area “filled with buzzing wires and steel;” urged City Council to preserve nature. • Lucy Bozzi – concerned about new refuse contract with Priority Waste; questioned whether the residents voted on it. Mayor Pro-Tem Sierawski explained that the Communications from Citizens portion of the meeting cannot contain back-and-forth dialog, but she advised that they can talk to her after the meeting. • Ms. Bozzi – felt many residents who do not generate a lot of garbage do not need such large bins; commented they should be able to put their garbage bags on the curb; questioned if they have anything in place in the event they have problems; she trusts City Council to protect the environment at Dodge Park, and was upset to see so many trees and vegetation disturbed along the Clinton River. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Bahorski stated he has nothing further to add this evening. Councilman Yanez asked Mr. Kaszubski to address the performance portion of the new waste hauler contract and what the City can do. Mr. Kaszubski replied to inquiry there are several things about the contract that afford the City the ability to make sure complaints are addressed. The contract has several default provisions. He explained this was taken out to bid, there were multiple bidders, with the pros and cons to each weighed. Priority Waste was the winning contract, and there was a long process in vetting this contract by Administration, the DPW director and his team, the Finance Department, and others. A lot of the complaints were addressed and discussed with Priority Management to the City’s satisfaction, and it was brought before Council in an open meeting. It was voted on, and he pointed out there are several clauses within the contract that provide the City with the ability to make sure the work is being done appropriately, and they can call the contractor into default if the problems become bad. He assured the City has protections for any waste hauler who would have been granted the contract. Mayor Pro-Tem Sierawski requested that Mr. Kaszubski explain the bidding process. Regular City Council Meeting Tuesday, February 20, 2024 Page 17 Mr. Kaszubski explained that whenever they have a waste hauling contract, it goes out for bid. The contract is expiring with the former contractor, GFL, so they went out for bid. As part of the proposal process, they vet each of the bids, including visiting their site, go to other communities using their services, get their input, and he added that Priority Waste was highly recommended from every community in which they serve. He explained the bids are sealed when they come in, they are looked at, then they go through them to try to get the best deal for the City, keeping in mind they want the lowest bidder that is the most qualified. Councilman Radtke understands that the Governor wants to triple tipping fees for trash. He questioned how this is defined in their contract with Priority Waste, assuming that if the tipping fees are tripled, it will change the value of the contract. Mr. Bahorski stated he would have to go back and look at the specifics of their proposal. He agreed that tipping fees are typically passed on to customers, so it could occur. He would like to look at the contract to see if there are any protections. He believes this is a ten-year contract with locked-in pricing, but he does not know if this would be considered a material change. He is confident they have good pricing. Councilman Radtke felt that might be a material change, and he is worried about it. He noted he did not vote for the Priority Waste contract because of the length of it, among other issues. He requested an update on a potential meeting between elected representatives and representatives of the concerned citizens regarding the Middle East situation. Mr. Bahorski replied to inquiry that Mr. Vanderpool issued an invitation to Senator Peters, Senator Stabenow, Representative McLain and Representative James about arranging a meeting for March. He stated that date has not been confirmed at this point, so he cannot provide an exact date, adding it is difficult to coordinate four legislator’s calendars. As soon as they have a date, they will get the word out, and anyone interested and wants to Regular City Council Meeting Tuesday, February 20, 2024 Page 18 leave some contact information with the City Clerk can do so before they leave this evening. He assured the process is underway. Councilwoman Ziarko stressed that she wants peace, not war, and she had explained that a Resolution is a “letter of good intent.” They can pass it to make everyone feel better, but she emphasized a resolution will not solve the problem. She believes some of the residents know that, but they want the action by Council to know they are supported. She assured they are supported, but even if the City puts together a resolution reflecting what they want to say, it would not be voted on tonight because there is not a full council present. She emphasized she does not want a resolution to be a symbol of false hope. She wishes she had an answer, and she pointed out that many of the residents are complaining about “their tax dollars going to support the genocide,” but in reality, the money they are paying into their taxes is actually paying their diplomats to try to arrange a ceasefire. The countries involved have to come to an agreement for a ceasefire, and if the countries do not want it, whatever Sterling Heights says will not have an effect. She explained the Council has to make decisions that they feel are the best for everyone. Councilwoman Ziarko understands the residents want an answer from the City, and she assured them they are welcome to come to every meeting to express their opinions. She suggested the residents provide suggestions as to how they would like the resolution worded. She assured she will do her best to do more in the next couple of weeks, and that City Council members will be talking among themselves over the next couple of weeks. She questioned whether the Council adopted a resolution against the war in Ukraine. She would like that information if they can do the research on it. She stressed they are trying to arrange a meeting with the legislators, and they have to wait to see their response. Councilwoman Koski questioned whether any response has been received from any of the legislators since the letter went out requesting a meeting. Regular City Council Meeting Tuesday, February 20, 2024 Page 19 Mr. Bahorski believed they received one response, although he is not sure who responded because he is not directly involved in this. He explained they try to arrange meetings with federal legislators, but they are in Washington D.C., so it is often difficult to schedule a meeting. The effort is ongoing, and he assured they will keep everyone informed if the meeting comes together. Councilwoman Koski agreed it is hard to get one legislator, let alone four, together for a meeting. She questioned whether it would be possible to have their legislative aides attend in their place, or possibly setting up a Zoom meeting that could be held at the Community Center. She suggested inviting certain members of the community to present their ideas and their concerns. She assured the residents the City supports them, but they want to do it right. She emphasized the best way the City can help is to guide them through the people who can make their voices heard, and that would be the legislators with whom they are trying to arrange a meeting. She assured the residents they are welcome to attend these meetings anytime they wish. Mayor Pro-Tem Sierawski assured they hear the residents. She mentioned at the last meeting that she would be on vacation for a couple of weeks, but she is back. Within that time, a lot of work was done to arrange the meeting she suggested. She acknowledged that City Council represents the citizens at the local level, and their job is to keep streetlights on, keep the City clean, make sure they have clean water that is running, and that they have what they need to live in their city. She pointed out they are fortunate to know and have the ability to contact their federal representatives, and those are the individuals to whom the citizens need to address their concerns. She agreed the resolution is important to the residents, and Council is working on it; however, the resolution will not resolve the problem, but it can be a start. The most important thing that Council can do is to direct the residents to the legislators who spend their tax dollars and make the decisions. Councilwoman Ziarko questioned City Clerk Melanie Ryska if she has anything to say about the early voting that residents have an opportunity to Regular City Council Meeting Tuesday, February 20, 2024 Page 20 take part in before Election Day. She also asked the percentage of eligible residents in the City who are registered to vote. City Clerk Melanie Ryska stated the percentage of eligible voters registered in the City are estimated at about a ninety-six percent registration rate. She noted that is fairly high compared to a lot of surrounding communities. She took that number from census numbers taken in 2020, subtracted out the minors in the community and some individuals who may not yet be citizens. She explained this is the first time they have had early voting across the State of Michigan, and they started early voting on February 17th at their Election Center, held within the Community Center. It will go from Saturday, February 17th through next Sunday, February 25th, from 9 a.m. to 5 p.m. every day, including Saturdays, Sundays, and holidays. So far, they have had 265 people cast their ballots early at the Election Center, and word is getting out, so that number is increasing every day. She explained that voters who have received their absentee ballots can bring their ballots to the early voting site and tabulate them at that site. Councilwoman Ziarko requested that Clerk Ryska explained the service sharing they are doing with the City of Utica because their residents are also able to vote at the Sterling Heights Election Center. Clerk Ryska explained that the City of Sterling Heights and the City of Utica partnered, and Sterling Heights hosts Utica’s early voting. Any registered voter in Utica who wants to early vote can visit the Community Center and cast their ballot there. If Utica voters want to apply for or cast an absentee ballot, or register to vote, they have to contact the City Clerk in Utica. Utica voters who want to vote early will come to the Sterling Heights Community Center through a partnership the two cities have entered for 2024, so this will include the August primary election and the November presidential election. 11. UNFINISHED BUSINESS There was no unfinished business. 12. NEW BUSINESS There was no new business. Regular City Council Meeting Tuesday, February 20, 2024 Page 21 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 Radtke, RESOLVED, to adjourn. The motion carried (5/0). The meeting adjourned at 9:21 p.m. MELANIE D. RYSKA, City Clerk