City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, APRIL 16, 2024 IN CITY HALL 1. Mayor Taylor called the meeting to order at 7:00 p.m. 2. Mayor Taylor led the Pledge of Allegiance to the Flag and Melanie D. Ryska, City Clerk, gave the Invocation. 3. Council Members present at roll call: Deanna Koski, Michael V. Radtke, Jr., Maria G. Schmidt, Liz Sierawski, Michael C. Taylor, Henry Yanez, Barbara A. Ziarko Also Present: Mark Vanderpool, City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Andrea Bara, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried. 5. REPORT FROM CITY MANAGER Mr. Vanderpool spoke about the technological advancements that the City has initiated over the years, including an AI Task Force. He introduced Tammy Turgeon, Library Director to give a presentation about the new Library I-Chat program. Mrs. Turgeon informed everyone that the City has implemented a unique chat program that creates an easy way to connect residents with the Sterling Heights Library, the first in Macomb County. The Unique Chat service connects patrons to the library in a new way, including Circulation Services, Patron Account Questions, Basic Search, Digital Media Support, Service Information, Event & Program Regular City Council Meeting Tuesday April 16, 2024 Page 2 Information, Meeting Room Reservations, Location Information. For example, the patron can request a book, the chat service will look up the title, and provide a link to put the book on hold. The available hours are Monday – Friday, 8am – 11pm. There are over 130 languages for this app. Currently there are approximately 150 chats per month. Mrs. Turgeon also discussed the “Human Library”, where volunteers are available to be “rented out” to have meaningful discussions regarding their specific lifestyle. There are several different examples of “Human Libraries”, such as Autism, Transgender, Physically Disabled, etc.. Mr. Vanderpool introduced the Chairman of the Michigan Redistricting Committee, Mr. Eid, who informed everyone that the independent committee was tasked with redrawing current district lines. Mr. Eid discussed the districts that need to be redrawn and is requesting public comment from Sterling Heights residents. He urged everyone to visit the website https://www.michigan.gov/micrc for more information, and to participate in public engagement. Mayor Taylor thanked Mr. Eid for taking his time to bring this information to Sterling Heights residents. Mr. Vanderpool reminded everyone that the Spring SHINE (Sterling Heights Initiative for Neighborhood Excellence) Day is being held on Saturday, May 04, 2024, from 9:30 a.m. to mid-afternoon at First Church of Sterling Heights, located at 39400 Dequindre Road. There are typically fifty volunteers that clean up twenty- five to thirty homes across the community, mowing grass, cutting shrubbery, raking leaves. The citywide cleanup program helps residents who may have a Regular City Council Meeting Tuesday April 16, 2024 Page 3 financial hardship or mobility limitation. They are always looking for volunteers, please contact the City @ 586-446-2489. Mr. Vanderpool was excited to discuss an item on the consent agenda regarding Park improvements. The first at Mark Sawyers Family Park, creating more pathway extensions, and the second at Magnolia Park, an additional Pickle Ball court and updating the current court. He commented on how popular the Pickle Ball courts have become in the community. 6. ORDINANCE ADOPTION Mayor Taylor stated that this item is to consider adoption of an Ordinance to regulate pneumatic guns as permitted by state law. He opened the floor for public comments, but no one spoke. Moved by Sierawski, Seconded by Yanez, RESOLVED, to adopt the ordinance amending Chapter 35 of the City Code to provide regulations for pneumatic guns. Mayor Pro Tem Sierawski reminded everyone that the Ordinance was discussed in-depth at the April 2, 2024, Council Meeting. She wants to keep everyone safe who is using Pneumatic guns and is in full favor of the Ordinance. Councilman Yanez questioned if a parent purchased a Pneumatic gun for a child, and the child then seriously injured someone, or broke the law, would the parents suffer any legal consequences, such as what happened in the Oxford court cases. Attorney Marc Kaszubski responded that the case in Oxford was a unique situation with the parents and a weapon that was used in a mass shooting. The prosecutor looked at the case and applied a law to bring those individuals to justice. The Ordinance up for discussion is prohibiting anyone under the age of sixteen from Regular City Council Meeting Tuesday April 16, 2024 Page 4 possessing a Pneumatic gun, so the parents could be held responsible and ticketed for it, to the extent that the local prosecutor or the County, depending on what the crime was, decided to implement proceedings. Whether a parent would be found responsible are a question of the facts of the case. Yes: All. The motion carried. 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda. He opened the floor for public comments. • Mr. Smith – Full tax break for business, trees in Industrial area, vehicle storage, heavy vehicles on roads Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the Regular Meeting of April 02, 2024. B. To approve payment of the bills as presented: General Fund - $597,412.48, Water & Sewer Fund - $5,633,258.31, Other Funds - $15,024,848.85 Total Checks - $21,255,519.64. C. RESOLVED, to accept the proposals by Warren Contractors & Development, Inc., 14979 Technology Dr, Shelby Township, MI 48315, for general construction services for asphalt path replacement and expansion at Mark Sawyers Family Park and pickleball court redesign at Magnolia Park at a cumulative cost of $93,917.61. D. RESOLVED, to approve final payment to Luigi Ferdinandi & Son Cement Co. Inc., 16481 Common Road, Roseville, MI 48066, in the amount of $73,202, plus interest on retainage, for the 2022 Sidewalk Replacement Program, City Project #22-385. E. RESOLVED, to: 1. Approve the purchase of office supplies from Staples Contract & Commercial, LLC, 500 Staples Drive, Framingham, MA 01702, at pricing available through the State of Michigan MiDeal cooperative purchasing contract #240000000363, through May 31, 2027, and through three additional one-year terms if extended by the State of Michigan; and, 2. Authorize the City Manager to execute the Participation Agreement on behalf of the City. F. RESOLVED, to approve a cost share agreement between Utica Community Schools and the city of Sterling Heights for pedestrian safety traffic Regular City Council Meeting Tuesday April 16, 2024 Page 5 improvements on Dodge Park Road at Adlai E. Stevenson High School and authorize the City Manager to sign the agreement on behalf of the City. G. RESOLVED, to purchase heavy-duty truck and equipment parts from Van Horn Truck Parts, Inc., 6817 23 Mile Road, Shelby Township, MI 48316, and CommPar, LLC 37174 Mound Road Sterling Heights, MI 48310, at discounted pricing for the period April 17, 2024 through April 16, 2026. H. RESOLVED, to approve the consent judgment in resolution of LBC Property Investments, LLC, et al. v City of Sterling Heights; Macomb County Circuit Court Case No. 23-2799-CE and authorize the City Attorney and City Manager to sign, as applicable, all documents required in conjunction with this approval. I. RESOLVED, to: 1. Reject all bids received through the invitation to bid for the La-Z Boy Astor Rocker Recliner; and, 2. Waive the competitive bidding requirement in accordance with City Code Section 2-217(A)(9)(b) and approve the purchase of 36 Duty-Built® Ladder 450 lb. Big & Tall - Slate/Rocking recliners from Working Fire Furniture & Mattress Co, Inc. d/b/a FireStationFurniture.com, PO Box 1310, Mebane, NC 27302, at a cumulative cost of $28,800, inclusive of delivery. J. RESOLVED, to purchase the SendPro® P3000 postage meter/mailing system from Pitney Bowes, PO Box 981039, Boston, MA 02298, at competitive pricing available through state of Michigan MiDeal cooperative purchasing contract no. 220000000858 at a total cost of $16,941.08, plus recurring annual fees of $2,470.28 for maintenance and meter rental. K. RESOLVED, to set a public hearing on Tuesday, May 21, 2024, at 7:00 p.m. regarding the application by Universal Tool Equipment and Controls, Inc. for an Industrial Facilities Tax Exemption Certificate at 42540 R Mancini Drive. L. RESOLVED, to receive the lawsuit, Mastrogiovanni v City of Sterling Heights, et al.; United States District Court for the Eastern District of Michigan Case No. 2:24-cv-10598-JEL-EAS. Yes: All. The motion carried. 8. CONSIDERATION A. Mayor Taylor stated this is to accept the proposal by Hubbel, Roth & Clark Inc., for professional services to complete a Comprehensive Transportation Safety Action Plan. Total cost of five hundred ten thousand dollars, eighty percent funded Regular City Council Meeting Tuesday April 16, 2024 Page 6 through a Federal Highway Administration Grant. He invited Mr. Brent Bashaw, City Engineer, to give a presentation. Mr. Bashaw discussed the conversation at the February 20, 2024, City Council Meeting regarding safe streets for all federal grant, the comprehensive transportation safety action plan that Sterling Heights is going to create. The project scope includes a Comprehensive Transportation Safety Action Plan (Vision Zero Plan), Ryan Road Corridor Focus – 14 Mile Road to M-59 and Neighborhood Road Traffic Calming Plan. He commented that requests for proposals were sent out, four were received and processed by the Traffic Group subcommittee. HRC scored the highest and is being recommended for the award. HRC is a large firm who assembled a team of professionals to complete the plan. Mr. Bashaw discussed various prior successful plans done by HRC, and then introduced Ms. Lia Michaels, project lead of HRC. Ms. Michaels is an associate at HRC and has been there sixteen years. She discussed the three parts of the upcoming project, and the hopeful outcome of zero deaths in the State of Michigan. She stated that she is looking forward to working with the City to help develop the zero vision plan. Mr. Bashaw informed everyone that the City has been continuing to implement several safety measures, including the most recent at Stevenson High School. Mayor Taylor opened the floor to public comment: • Mr. Smith – Studies by consultants, pot holes, missing sidewalks • Unknown woman – Improvements at Ryan Road Regular City Council Meeting Tuesday April 16, 2024 Page 7 • Mr. Nelson – Traffic calming study, roads, traffic backups, AARPA money, lighted crosswalks Moved by Ziarko, Seconded by Schmidt, RESOLVED, to accept the proposal by Hubbel, Roth & Clark Inc., 555 Hulet Drive, Bloomfield Hills, MI 48302, for professional consulting services to complete a Comprehensive Transportation Safety Action Plan and authorize the City Manager to sign the Agreement for Professional Services on behalf of the City. Councilwoman Ziarko commented that presentation was what Council asked for to move the City forward and resolve traffic problems. She is in favor of this project. Councilwoman Schmidt asked Ms. Michaels to explain the time frame for the project. Ms. Michaels stated the goal is to have the report completed by the end of the year to coincide with the County, and to have the opportunity to apply for future funding from the US Department of Transportation. Councilwoman Schmidt noted that her concern is to make the streets safer in the City. Mayor Taylor thanked everyone for a very thorough presentation and a great proposal for residents that are concerned about the safety of their children and families. Yes: All. The motion carried. 9. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Unknown woman – Garbage and Recycling Bins, comments on Facebook, trash, rodents, taxes, seniors Regular City Council Meeting Tuesday April 16, 2024 Page 8 • Saana Elias – Listen to residents, not in favor of flying pride flag, not unifying • Paul Smith – Council listen to residents, Lakeside, abandoned Kmart, Lord & Taylor, Sears • Unknown man – US World Economic Forum, United Nations 2030 Plan, Veteran, racism against white males • Chris Mcgloflin – Secular, not religious • Unknown man – MI Medicine bought Kmart, larger Police Department • Ken Nelson – Spending Federal money, Revenue taken in, Ordinance, permits and products • Unknown woman – City government run neighborhoods and city, oppose pride flag, minor community • Unknown man – atheist beliefs • Kathleen Handyside – Speeding, unsafe crosswalks, oppose flying pride flag • Douglas Campbell – Atheist discrimination 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool clarified statements made by a resident regarding a full tax break for a business on the Consent Agenda. He stated that is inaccurate, simply not true. Businesses in Industrial property in the city are eligible for the State of Michigan Public Act 198, which was approved in 1974, if they make qualifying improvements to the property, they are offered an incentive, but they are still paying property taxes. Business investments in the industrial corridor actually help to lower taxes for residents. Mr. Kaszubski stated he had nothing further to add this evening. Councilman Radtke requested, without objection, that the report from CDBG be presented to Council in advance of the meeting as to allow for remarks and changes of allocations. Mr. Vanderpool responded that he was certain that he could accommodate Council with an advance draft copy from the Citizens Advisory Committee. Regular City Council Meeting Tuesday April 16, 2024 Page 9 Councilman Radtke also requested the eligible Census tracks where CDBG money can be spent. He wants to make the most impact across the city. Councilman Radtke is looking forward to going to Lansing with the Youth Advisory Board and meeting with the Lieutenant Governor. Councilwoman Schmidt asked for clarification regarding the bid for the refuse contract. Mayor Taylor stated that the bid the City picked was in fact twenty three million dollars less than the next lowest bidder. He asked for additional clarification. DPW Director, Mike Moore, stated that there were four bidders, three deemed qualified, the City went with the bidder that was twenty three million dollars less than the next lowest bidder. He also discussed that there would be no extra charge for bulk collection of furniture. The new trucks have the ability to drop a pin at an address, which will send the bulk truck for pick up, which in turn makes it easier on residents. Councilwoman Schmidt commented that the information regarding the new refuse company is widely available, she also encouraged residents to call the City with any questions. Councilwoman Schimdt requested that construction trucks working on the old Fillmore site, use Irving Street, not Amsterdam, to minimize damage to the streets. Councilwoman Schmidt informed everyone that she is traveling to Traverse City with twenty-one of her students for the HOSA (Health Occupations Students of America) Championships. There are twenty-seven Regular City Council Meeting Tuesday April 16, 2024 Page 10 hundred high school students competing at the State Championship and she wished them all well. Councilwoman Ziarko stated that she did vote for the refuse contract, the reason being that the city was saving so much money. She stands by her statement that government is not business, that government is for everyone. Business caters to the demographic that wants to buy their product, it doesn’t matter who you are, government is here for everyone. Councilman Yanez wished Councilwoman Schmidt’s team good luck and understands the importance to the students. He implored residents to give the cart system a chance, there may be bumps in the road, but this is a far better solution overall for the city. Councilman Yanez spoke about the role of government to provide for the health, safety, and general welfare of the public by funding Police, Fire, DPW, etc. He discussed the many good works done by the city to support diversity, equity, and inclusion for all. Mayor Pro Tem Sierawski expressed her pleasure with the traffic calming study and grant, increasing safety for the residents is a priority. She congratulated the HOSA group, being a nurse, she loves to see people come into the profession. She noted that it is hard to find health care professionals these days. Mayor Pro Tem Sierawski informed everyone that she has received invoices charged to residents from their assisted living facility for a lift assist. She stressed that the facility is responsible for providing this service, the invoices should not be paid by the resident. If anyone receives an invoice, please contact the City directly. Regular City Council Meeting Tuesday April 16, 2024 Page 11 Mayor Taylor commented that he understands there will be some frustrations and growing pains with the new refuse change but requested that residents be patient and give it a chance. The trash cart system and universal recycling is not new, it has been done effectively in other communities. Mayor Taylor inquired about the smaller trash carts working with the new system. DPW Director Mike Moore responded that they are not recommended for the City. The carts chosen are ninety-five gallons for trash and sixty gallons for recycling, which are industry standard. Mayor Taylor again reiterated that the City contracted with the lowest bidder for the refuse contract, which provides a significant tax saving of two million dollars a year. Mayor Taylor commented that Sterling Heights is a unified community, an example is the Farmer’s Market where there are thousands of people out having a good time with no issues. There are friendly neighborhoods in the City with good people behaving well. He stated that the City of Sterling Heights is trying to be inclusive and welcoming to all people, all different ethnicities, and different backgrounds. Mayor Taylor stated that they are not trying to push people down, but in fact trying to raise everyone up. He thanked all the speakers tonight and offered his appreciation. 11. UNFINISHED BUSINESS There was no unfinished business. 12. NEW BUSINESS There was no new business. Regular City Council Meeting Tuesday April 16, 2024 Page 12 13. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated there are no items for closed session this evening. 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. The motion carried and the meeting was adjourned at 9:20 p.m. MELANIE D. RYSKA, City Clerk