City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL TUESDAY, AUGUST 20, 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., City Attorney; Melanie D. Ryska, City Clerk; Judy McHale, Clerk Coordinator. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Councilman Radtke requested that Item 8-M from the Consent Agenda be pulled from that agenda and added as a Consideration item. Mayor Taylor stated that Consent Agenda Item 8-M will now be Consideration Item 9-B. Yes: All. The motion carried (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool introduced State Representative Denise Mentzer. Representative Mentzer informed Council that the city has been awarded $750,000 from the State for the Sherrif’s Command Vehicle from the State. She then spoke about a bill that she has been working on that would rearrange the Regular City Council Meeting Tuesday, August 20, 2024 Page 2 funding mechanism of the income gained from recreational passport. This will allocate more money to local communities. The final item Ms. Mentzer spoke on is the new law that now makes use of Pro Pads a felony and explained that these are electronic devices being used by thieves to steal vehicles. Mr. Vanderpool wanted to thank the entire state legislative team for their attention and work on behalf of Sterling Heights. Mr. Vanderpool next introduced DPW Director Michael Moore, to give an update on the new refuse and recycling program. Mr. Moore highlighted some important changes since the new program was implemented by Priority Waste earlier this year. The first change he spoke about was the use of carts for refuse and that this change has not only improved the aesthetics, also reduced the issues with rodents and litter. There has also been a significant reduction in the number of service calls by Priority Waste for issues like missed pick-ups. There is now a 99.94% efficiency rating. Recycling has seen a noteworthy increase in the amount of residential recycling that translates into a reduction in the amount of solid waste tonnage going to the landfill. Mr. Moore spoke about a town hall that will be held at DPW that will discuss the new ordinance for multifamily complexes and give recycling basics information. Mr. Vanderpool praised the impact that the new recycling and refuse program has had on the community. Mr. Vanderpool next introduced Special Projects Coordinator Meghan Ahearn and Intern Kirill Eydinov to speak about the new Sister City Program with Ankawa, Iraq. Regular City Council Meeting Tuesday, August 20, 2024 Page 3 The presentation began with a short video that included introductions by the Mayor of Ankawa, Ramy Noori Awdish and Mayor Taylor. Meghan Ahearn next gave a summary of the purpose of the Sister City partnership that will include collaboration and education and set a new standard for Sister City partnerships going forward. The focus of the partnership will include working with stakeholders in the areas of education, culture and commerce. Ms. Ahearn thanked the first stakeholder partner Chaldean Community Foundation and Director of Special Projects, Dr. Adhid Miri. She introduced Intern Kirill Eydinov to speak about the activities planned for the Sister City partnership. Mr. Eydinov listed several projects that include a digital art exchange, student and teacher exchange, and a sharing of ideas on emerging technologies. He stated that they will be submitting an application for funding through a federal grant program which will commence in 2025. Mayor Taylor asked for comments from council. Councilwoman Ziarko thanked Ms. Ahearn and Mr. Eydinov for their hard work on this project and spoke about the importance of the program. Councilwoman Sierawski stated that she’s excited to see the progress of this this program and the opportunity to learn about values and experiences with Ankawa through the digital world. Mayor Taylor also thanked Ms. Ahearn and Mr. Eydinov for bringing this program to them and that it’s important to make this Sister City program impactful. He hopes to have an opportunity to visit Ankawa someday. Regular City Council Meeting Tuesday, August 20, 2024 Page 4 Mr. Vanderpool requested Council convene for Closed Session to discuss strategy regarding collective bargaining. 6. PRESENTATIONS Mayor Taylor introduced Chief Dale Dwojakowski to present the two new police K-9 Officers and the police comfort dog. Chief Dwojakowski introduced K-9 comfort dog Toby and his handler Det. Maureen Merpi. Toby has gone through extensive training and has been certified as a Therapy Comfort Dog through the United States Police K-9 Association. Det. Merpi and Toby are well known around the city campus and lifts the spirits of everyone he meets. Chief Dwojakowski thanked Det. Merpi for her hard work with Toby over the last year. Det. Merpi stated that the mission of the program is serve the city of Sterling Heights Police Department as well as the community. Toby has attended several community events. In the future Toby will be called upon to provide comfort and support to those suffering with mental illness, witnesses, victims and children involved in traumatic events. Chief Dwojakowski next introduced K-9 Officer Heath and his handler Officer Scott DeMuynck. Heath was named after Michigan native Special Forces Navy Seal Heath Robinson who died in the line of duty. The Chief introduced Dan Robinson to speak about his son. Mr. Robinson started by saying how impactful it was when he heard that the city wanted to honor is son by naming a K-9 officer after him. He also spoke about Regular City Council Meeting Tuesday, August 20, 2024 Page 5 some similarities that K-9 Officer Heath has with his son that include his energy and enthusiasm. Chief Dwojakowski next introduced K-9 Officer Chip and his handler Officer Jeremy Walleman. Chip was named after Michigan native Special Forces Navy Seal Jason Freiwald who died in the line of duty. The Chief introduced Jason’s parent’s Rick and Terri Freiwald. Terri Freiwald spoke about this as honoring her son who is their hero. Chief Dwojakowski thanked Officer Walleman for his work as the head lead trainer of the K-9 and the success of the K-9 program. The Chief also thanked Dan Cusenza the owner of Recon K-9 LLC for donating canine Heath to the Sterling Heights Police Department. Councilwoman Koski praised the work of the K-9 and comfort dog programs. Councilwoman Schmidt thanked the officers and their families for taking these dogs into their homes. She stated that the reason for the new K-9 Officers is because of the retirement of some K-9 dogs due to the changes in laws that make it unnecessary to search for marijuana. Chief Dwojakowski said that the retired dogs are still used occasional in searches for marijuana in the schools. Councilwoman Schmidt inquired about the use of K-9s to detect for vaping. Chief Dwojakowski confirmed that they can be trained to detect TCH vape pens. Councilwoman Sierawski shared a story about her son who is in the Marines and said she can identify with the parents of the servicemen. Regular City Council Meeting Tuesday, August 20, 2024 Page 6 Councilman Radtke wanted to recognize the families present for their sacrifices and thanked them for coming tonight. Councilman Yanez thanked the parents for sharing their stories and thanked Officer Jeremy Walleman and the other officers in the K-9 program. He also wanted to mention the importance the comfort dog can give to police and fire officers after a difficult day. He next wanted to mention that Meghan Ahearn is working on getting a monument dedicated to the men and women who served in the Afghanistan and Iraq wars. The plan is to unveil the monument in November as part of the Veterans Memorial outside of the police station. Councilwoman Ziarko thanked the parents present for their service and support they provided while their sons were serving their country. She’s grateful for this opportunity to bring some happiness to them by honoring their sons in this way. Mayor Taylor also thanked the families for coming and sharing their stories and he hopes this token helps to honor the memory of their sons. He next thanked the police officers for their dedication in housing and training these dogs so they can be out there protecting our residents. Council recessed at 7:57 p.m. and reconvened at 8:03 p.m. Mayor Taylor introduced Macomb County Commissioner Joseph Romano. Mr. Romano wished to speak about the traffic safety near Havel Elementary on Schoenherr Rd. He has worked with the Sterling Heights Police Department, County Commissioner Don Brown, County Deputy Directory J.P. Rea to find out what could be done. Mr. Romano wanted to thank the city for agreeing to share Regular City Council Meeting Tuesday, August 20, 2024 Page 7 the cost of a stop button near Havel Elementary that will hopefully be installed before the start of the next school year. 7. ORDINANCE INTRODUCTION Mayor Taylor stated that this is to consider introduction of an ordinance amending Article 1A of Zoning Ordinance No 278 by revisions to the permissible, special approval land, and non-conforming uses within the Van Dyke Mixed Use District. He invited Dr. Jake Parcell, City Planner/City Development Manager, to give a presentation. Dr. Jake Parcell introduced Assistant City Planner Shawn Keenan to give an overview of the project. Mr. Keenan explained that other cities along Van Dyke are taking similar steps to help increase people-centric developments in order to foster the gathering of people along the corridor. He also stated that the Planning Commission voted unanimously to present this to city council. He presented a map that identified the areas of mixed-use. He spoke about some of the differences between the auto- centric and the people-centric suburban development styles. Dr. Parcell then addressed the ordinance amendment which includes updated permitted uses and the impermissible uses. It also encourages new developments to optimize space and reduce footprint by building vertically. He gave the example of a retail store that would build vertically to offer additional amenities like cafes or mezzanine dining. There is a review process included to protect residential districts that abut new commercial developments. Existing businesses Regular City Council Meeting Tuesday, August 20, 2024 Page 8 that are on the impermissible will be allowed to operate and will only be impacted for future development. Dr. Parcell said the amendment should be viewed as a focus on pedestrian safety and vehicular safety as they travel through the district. One of the most dangerous intersections in Macomb County for 2023 is Metropolitan Parkway and Van Dyke Avenue. The ordinance amendment and redevelopment of the district is anticipated to reduce accidents. Dr. Parcell also stated that there is a regional effort that includes Warren and Centerline to increase business activity and walkability along the Van Dyke corridor. He offered to answer any questions. Mayor Taylor opened the floor for public comment. • Jim Bower – voiced concerns about the number of current businesses that are currently on non-conforming list. He asked if a business gets rid of their drive-thru makes them conform. • Ken Nelson – has an issue with food trucks being allowed as part of the amendment. Asked why we want to be walkable when the weather is cold for part of the year. Moved by Radtke, Seconded by Sierawski, Resolved, to consider introduction of an ordinance amending Article 14A of Zoning Ordinance No. 278 by revisions to the permissible, special approval land, and non-conforming uses within the Van Dyke Mixed Use District. Councilman Radtke suggested that the definition of fast food being an impermissible use should clarify that it only pertains to fast food establishments with a drive thru. He also asked if the density bonus is only available for retail or is it for mixed-use also. Regular City Council Meeting Tuesday, August 20, 2024 Page 9 Dr. Parcel responded that it was written to try and avoid big-box stores from creating an unmanageable property problem. Councilman Radtke thinks there should be discussion of what parking would look like in the mixed-use corridor. He believes some thought should be given to retail parking and ways it can administratively reduce the excess parking space. Councilman Radtke asked if there is a plan for bicycle parking in the corridor. Dr. Parcel responded that there are currently none in the ordinance. Councilman Radtke believes that a requirement should be added to the ordinance since people are being asked to walk and bike to the corridor. He also urged that the main entrance for buildings should be on the street and not the back of the building. Councilman Radtke also voiced concern about limiting food trucks to two per site and requiring them to not be within 100 feet of the nearest restaurant as being too restrictive. Councilman asked Dr. Parcel for clarification on whether a bar would be allowed under the ordinance. Dr. Parcel said that bars would be considered restaurants and would be a permissible use. Councilman Radtke suggested that some thought should be given to reviewing the sign ordinance to possibly removing monument signs in the corridor. He also hopes that trees will be part of the process to shade sidewalks and bus stops. Councilman Radtke asked City Attorney Marc Kaszubski if the ordinance could be amended from having the planning commission being the approving body for Special Approval Land Use in the Van Dyke Mixed Use District (VDMUD) to having Regular City Council Meeting Tuesday, August 20, 2024 Page 10 the planning commission being the recommending body with city council having final approval. Mr. Kaszubski stated that the ordinance that regulates the approving and reviewing of special land use would need to be amended. Councilwoman Koski inquired how height restrictions, setbacks and easements are addressed in the ordinance. She asked about accessibility by the elderly and those with disabilities in stores with multiple floors. Dr. Parcel said that a second story retail store is required to be ADA accessible since it is a public open building and would apply to this district as well. Councilman Yanez inquired if multiple story buildings are more expensive to build. Dr. Parcell stated that buildings taller than four stories are required to have steel frame construction which would increase the building cost. Councilman Yanez spoke about similar construction in Shelby Township that has retail on the bottom and living on the top and that the builder, Mr. Gallo, stated at a recent planning meeting that it has not been successful. Councilman Yanez wondered who is going to be interested in building in the Van Dyke corridor, and who is going to want to live above retail. Councilwoman Schmidt also questioned whether businesses interested in opening a business in the corridor would be willing to demolish an existing building and build new so they can become compliant with the ordinance. Dr. Parcel indicated that there are significant parts of the proposed district that are underutilized, including parking lots, and the redevelopment focuses on how the Regular City Council Meeting Tuesday, August 20, 2024 Page 11 existing developments can be enhanced. The ordinance encourages flexibility in the land uses and is not locked into traditional zoning standards. Councilwoman Schmidt voiced concerns for existing businesses losing their visibility because they are behind new developments along the street. She inquired about whether existing businesses that want to make improvements will be required to get a special approval land use. Dr. Parcel said that non-conforming businesses can make improvements to an existing business unless it changes use, or they wish to expand. Councilwoman Schmidt gave an example where a business wanted to add a second floor or an outside patio. She also asked for clarification on the parking requirements of multi-story developments. Dr. Parcel said that those improvements would be allowed under the ordinance without a special approval land use. Parking would be the same under existing ordinance, but they would also look at shared parking among businesses as a solution. Councilwoman Ziarko stated she wanted to clarify that although the planning commission approved this ordinance unanimously, it was with the absence of four of the commission members. She next spoke about parking consideration should be made for successful businesses who may require additional parking. Mayor Taylor asked Dr. Parcell for other communities that were studied in developing this ordinance. Regular City Council Meeting Tuesday, August 20, 2024 Page 12 Dr. Parcel stated that many ordinances from other communities were reviewed including Atlanta, Houston and Los Angeles as well as Detroit, Lansing and others. Mayor Taylor has difficulties with the comparison being made of Van Dyke in Sterling Heights with Mack Avenue in Grosse Pointe because a large portion of the west side of the corridor is major industrial that include two large automotive plants. He questions why this corridor should move towards eliminating autocentric uses when in many ways the city depends on the viability of these two auto plants. Van Dyke is a thoroughfare used by commuters to get to I-696. Mayor Taylor asked what current non-conforming use businesses would have to do to lose their grandfather status and gave the example of an existing drive-thru business who wanted to demolish the existing building and rebuild. Dr. Parcel stated that any destruction or loss of property more than 50% would cause them to lose their conforming status and the only exception is existing gas stations. Mayor Taylor spoke about large parking areas that are being underutilized being redeveloped as residential without a retail store on the first floor. Dr. Parcel said that the developer would be required to go to the zoning board of appeals to get a use variance. Councilwoman Ziarko asked if the introduction of this ordinance could be postponed for 30 days for possible changes to it. Councilman Radtke said he believes the property values will rise in the corridor by rezoning the area and gave the example of Metro Parkway in Troy. Regular City Council Meeting Tuesday, August 20, 2024 Page 13 Councilwoman Sierawski said there is a tremendous difference between the development of Van Dyke north of 18 Mile and the corridor south of 18 Mile because it is not as much of a throughfare. She believes that more would be required to make this area walkable. Councilwoman Schmidt asked Dr. Parcel if an existing non-conforming business has a major fire would they be allowed to rebuild. Dr. Parcel said that under this non-conforming ordinance it would not be allowed. Councilman Yanez believes the ordinance would need some reworking. Councilwoman Koski believes that there isn’t interest from developers to build multi-use properties. Mayor Taylor spoke about north Van Dyke being a place that can be redeveloped with possible other options including reducing it to two lanes and adding on- street parking. City Attorney Marc Kaszubski wanted to clarify that a business who is currently non-conforming can do improvements so long as they don’t expand the footprint of the building. In addition, there are non-conformity ordinances in Michigan where a business could be rebuilt do to something like a loss due to a fire for example and this ordinance could be changed to include this. Moved by Radtke, Seconded by Sierawski, Resolved, to postpone the ordinance amending Article 14A of Zoning Ordinance No. 278 by revisions to the permissible, special approval land, and non-conforming uses within the Van Dyke Mixed Use District to the 9/17/2024 meeting. The motion carried (6/1) Opposed: Schmidt. Council recessed at 7:58 p.m. and reconvened at 10:05 p.m. Regular City Council Meeting Tuesday, August 20, 2024 Page 14 Mayor Taylor stated that since it is past 9:30 p.m., they will go to Communications from Citizens and will then resume where they left off on the agenda. 10. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Jim Bower – asked for a review of the planning commission vote to approve PUD 24-0002 because it violates the flood plain area restrictions of the zoning ordinance. • Steve Galenz – believes the property on Irving Rd should be kept a green space because developments in the area will create a draining issue for the surrounding area. • Ken Nelson – doesn’t like Sterling Heights being compared to other communities like Troy or Grosse Pointe. He thinks the planning processing needs to be changed and he believes there are ethics violations for council members having contact with the planning commission. • Nick Romano – has issues with millage proposals not representing what its being used for and gave the example of the upcoming proposal including sidewalks and trees. • Daniel Chishall – would like a better explanation of how the upcoming millage proposal will impact individual property owners. • Eric Shano – is new to Sterling Heights and wanted to describe his first month of living here. He had an issue will trying to put in a privacy fence and is concerned with safety given the recent attempted abduction incidents. • Judy Ackley – voiced concerns with the recent attempted abduction incidents and asked if there would be additional police presence in the parks. • Stephen Bilan – asked why the city didn’t notify the public about the recent attempted abduction incidents. 8. CONSENT AGENDA Regular City Council Meeting Tuesday, August 20, 2024 Page 15 Mayor Taylor stated this item is consideration of the Consent Agenda as amended, Moving item 8-M to 9-B. He opened the floor for public comments, but no one spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as amended: A. To approve the minutes of the Regular Meeting of August 07, 2024 B. To approve payment of the bills as presented: General Fund - $1,423,851.91, Water & Sewer Fund - $3,558,613.07, Other Funds - $3,616,604.59, Total Checks - $8,599,069.57. C. RESOLVED, to: 1. Award the bid for the for Edison Court Reconstruction, City Project #23- 423, and ITC Corridor Shared-Use Path, City Project #24-437, to T&M Asphalt Paving, Inc., 4755 Old Plank Road, Milford, MI 48381, in the amount of $2,648,800; 2. Approve the license agreement between International Transmission Company and city of Sterling Heights; 3. Authorize the Mayor and City Clerk to sign the project contract and license agreement on behalf of the City; and, 4. Approve Hubbel, Roth & Clark, Inc. as project engineers for this ARPA project at current contract rates. D. RESOLVED, to award the bid for an alarm, video, and door access service and repair contractor to Copperhead Defense Technologies Inc., 9270 Nichols Road, Monroe, MI 48457, at unit pricing bid for a term of two (2) years and authorize the City Manager to extend for three (3) additional one (1) year periods under the same terms and conditions upon mutual consent. E. RESOLVED, to adopt the resolution declaring it necessary to take private property for the use and benefit of the public for public facility and utility improvements along 14 Mile Road, Maisano Drive, and Clinton River Road, direct the City Manager to sign the Declaration of Taking pursuant to Public Act 87 of 1980, as amended, and Public Act 149 of 1911, as amended, on behalf of the City, and authorize the City Attorney to initiate all necessary condemnation proceedings in the Macomb County Circuit Court on behalf of the City of Sterling Heights. F. RESOLVED, to purchase four (4) Haworth Cabana Lounge Sofas and two (2) Haworth Pip Collaborative Tables from Interior Systems Contract Group, 612 North Main, Royal Oak, MI 48067, at competitive pricing available through state of Michigan MiDeal cooperative contract no. MA240000000497 at a cumulative cost of $13,792. Regular City Council Meeting Tuesday, August 20, 2024 Page 16 G. RESOLVED, to purchase construction and utility castings from EJ USA, Inc., 301 Spring Street, East Jordan, MI 49727, at unit pricing available through Oakland County G2G cooperative purchasing contract no. CON00010855 through March 31, 2026. H. RESOLVED, to purchase a 2024 Ford F550 regular cab 4x4 cab and chassis, with a KC132H2094 Canopy service body, from Lunghamer of Owosso, LLC, 1960 E Main Street, Owosso, MI 48867, at competitive pricing available through state of Michigan MiDeal cooperative purchasing contract nos. 071B7700180 and 240000000164, in the cumulative amount of $86,098. I. RESOLVED, to: 1. Purchase one (1) 2024 Cushman Shuttle 2 ambulance conversion golf cart and associated accessories from Keith's Michigan Auto and Golf Car Sales, Inc. 31639 Mound Road, Warren, MI 48092, at competitive pricing available through Sourcewell cooperative purchasing contract no. 122220-JCS in the amount of $19,975; 2. Purchase one (1) Stryker Performance Pro manual cot and associated accessories from Stryker Sales, LLC, 21343 Network Place, Chicago, IL 60673 at competitive pricing available through Sourcewell cooperative purchasing contract no. 041823-STY in the amount of $10,440.13; and 3. Authorize the City Manager to sign required documentation on behalf of the City. J. RESOLVED, to purchase two (2) PanaView® multi-sport scoreboards, inclusive of accessories, freight charges, and warranty, from Daktronics, Inc., 201 Daktronics Drive, PO Box 5128, Brookings, SD 57006-5128, at competitive pricing available through OMNIA Partners cooperative purchasing contract no. R220601 at a total cost of $13,584.00 and authorize the City Manager to sign the Order Agreement on behalf of the City. K. RESOLVED, to purchase Dell ProSupport and Basic Hardware Support Services for City switches, servers, and storage area network and enclosures from People Driven Technologies, 6300 Venture Hills Boulevard Southwest, Byron Center, MI 48315, at pricing available through Midwestern Higher Education Compact cooperative contract #MHEC- 04152022 for various one-year terms at a cumulative cost of $42,062.71, and authorize the City Manager to sign all required documentation on behalf of the City. L. RESOLVED, to adopt the resolution establishing a Sister City Partnership between the cities of Sterling Heights, Michigan, U.S.A. and Ankawa, Iraq. M. RESOLVED, to receive the lawsuit, Miller v. City of Sterling Heights, et. al.; Macomb County Circuit Court Case No. 24-002347-NZ. Yes: All. The motion carried (7/0). Regular City Council Meeting Tuesday, August 20, 2024 Page 17 9. CONSIDERATION A. Mayor Taylor stated this is to consider appointments to the City of Sterling Heights Boards and Commissions. Appoint to Board of Ordinance Appeals II Moved by Radtke, Seconded by Taylor, Resolved, to appoint Joseph Bedford to the Board of Ordinance Appeals II 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. The motion carried 7/0. Yes: All. The motion carried (7/0). Sustainability Commission Moved by Sierawski, Seconded by Radtke, Resolved, to appoint Christopher Goeddeke to the Sustainability Commission to a term ending June 30, 2027, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried (7/0). Solid Waste Management Commission Moved by Sierawski, Seconded by Schmidt, Resolved, to appoint Hasan Khan to the Solid Waste Management Commission to a term ending June 30, 2027, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried (7/0). Youth Advisory Board Moved by Schmidt, Seconded by Radtke, Resolved, to appoint Jahan Bhatti, Gianna D’Angelo and Cecelia Laurence to the Youth Advisory Board 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. Yes: All. The motion carried (7/0). Elected Officials’ Compensation Commission Regular City Council Meeting Tuesday, August 20, 2024 Page 18 Moved by Sierawski, Seconded by Radtke, Resolved, to postpone the appointments to the Elected Officials Compensation Commission to the October 1, 2024, regular City Council meeting. Yes: All. The motion carried (7/0). B. Mayor Taylor stated that this is to adopt the resolution requesting the Suburban Mobility Authority for Regional Transportation (SMART) to develop and execute an action plan for the immediate upgrade of the bus stops within the jurisdiction of the city of Sterling Heights. Mayor Taylor opened the floor for public comments, but no one spoke. Moved Radtke, seconded by Sierawski, RESOLVED, to adopt the resolution requesting the Suburban Mobility Authority for Regional Transportation (SMART) to develop and execute an action plan for the immediate upgrade of the bus stops within the jurisdiction of the city of Sterling Heights. Councilman Radtke invited City Manager Mark Vanderpool to speak. Mr. Vanderpool said he is proud of the outstanding partnership with SMART that provides value added services to the community and that these routes provide vital transportation for employees to major employers across the city. There is an expectation that this transportation will be important to the new city center at Lakeside. Mr. Vanderpool noted that SMART is funded through a mileage and that Sterling Heights receives one of the largest allocations of funds because of a large population and strong commercial and industrial base. He said that this resolution is asking SMART to devote the necessary resources to assure that the bus stops in the city are ADA accessible, comfortable and aesthetically pleasing. Regular City Council Meeting Tuesday, August 20, 2024 Page 19 Councilman Radtke asked Mr. Vanderpool if SMART has done any studies to see which bus stops are being used. Mr. Vanderpool stated that there are 200 bus stops in the city and that some will be consolidated. He said there are 50 stops that have been identified as problematic and they are asking that SMART address these first because they are heavily utilized. Councilman Radtke voiced frustration that some of the bus stops in the city that are problematic have not been addressed by SMART and hopes that this resolution gets their attention. Yes: All. The motion carried (7/0). 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool started by addressing the concerns voiced tonight about the attempted abduction incidents. He wanted to note that Sterling Heights is consistently ranked as one of the safest big cities in Michigan because of the work done by the Mayor, City Council, the police department and the public to be engaged in the community by making sure that the police have the tools and resources needed to keep the city safe. He said this includes programs like community resource officers in the schools, citizens on patrol volunteer program, citizens emergency response team as well as state of the art technology. Mr. Vanderpool said the city will continue to operate and develop cutting edge programs to ensure that Sterling Heights remains safe. Mr. Vanderpool next addressed the citizen’s question about the city purchasing property and keeping Regular City Council Meeting Tuesday, August 20, 2024 Page 20 it an open space. He stated that the proposed millage includes a preservation component that will create a funded land bank for this purpose. Mayor Taylor addressed Mr. Romano about his millage question. He stated he received clarification from Finance and Budget Director Jennifer Varney on the amount the average homeowner will pay if the millage passes. He explained that the average taxable value is different than the median taxable value and that 63% of homeowners will pay less than $95 a year. Councilwoman Schmidt directed Mr. Vanderpool to place a tax calculator on the city’s website like they have done in the past so that homeowners can calculate how their taxes would be affected by the proposed millage. Councilman Radtke said he believes the confusion regarding the amount of tax increase for the proposed millage may be from homeowners using their assessed value instead of their taxable value when calculating the estimated tax increase. Councilman Radtke also wanted to thank Commissioner Romano for the work they’ve done on improving the safety of the street crossings at Havel Elementary. He next spoke about Scott VanLuven of the Citizens on Patrol volunteer program who prevented the attempted abduction which led to the arrest of the suspect. Councilman Radtke praised him for his willingness to help his community and they plan to honor him in some ways. He asked that a budget amendment be prepared to purchase new shirts and hats to show support for the volunteers of this program. Councilman Radtke asked for a legal opinion from the City Attorney on whether special approval land use could be approved by city council instead of Regular City Council Meeting Tuesday, August 20, 2024 Page 21 the planning commission and if there is an option to have a council member appointed to the planning commission like other communities have. He also asked for a legal opinion on whether city council has the authority to overturn a planning commission’s approval. Councilwoman Koski asked the city attorney to also review the bylaws of the planning commission and the ZBA regarding the appointment of their chairman, vice chairman and secretary positions. Councilman Radtke inquired if there are means to improve their bylaws and thereby improving the functioning of their meetings. Mayor Taylor agrees with asking the city attorney for suggestions on how the commission can run their meetings more efficiently, but it ultimately should be their decision on what changes they make. Councilwoman Schmidt suggested that the city attorney sit with the commission members at their meeting so he can better address their questions. Mr. Kaszubski said he agrees but there is an issue with space on the council chamber dais. Councilwoman further suggested that they fit another chair on the dais and use a portable microphone. Mr. Kaszubski spoke on the request for his opinion on changing the commission’s bylaws. He said because the bylaws are adopted by the planning commission, he can give recommendations, but they are responsible for what is in their bylaws. Regular City Council Meeting Tuesday, August 20, 2024 Page 22 Councilwoman Ziarko asked Mr. Kaszubski to review what options are currently available if the planning commission overrides administrations and council’s denial of a project. Mr. Kaszubski said he will review the bylaws and can give some guidance with that regard. Mayor Taylor stated that the planning commission members are appointed, and the duties are delegated to them, and they should be making the decisions. Although he has no objection to Mr. Kaszubski giving them recommendations, he agrees that it is their decision on whether they make changes to how they conduct their meetings. Councilman Radtke stated that members of the planning commission are appointed, but city council is responsible for them because they appoint them to the commission. Councilman Yanez shared information about an informational talk being presented by the library on cutting food waste and feels it’s an important topic. He next spoke about the proposed multi-use ordinance and believes that the city should embrace who they are and not try to do a wholesale change. Councilman Yanez next addressed the public comment regarding the Chaldean Community Foundation and asked Mr. Kaszubski if the city violated any ordinances with regards to that project and the flood plain. Mr. Kaszubski stated that the Chaldean Community Foundation is building above the flood plain and therefore are not violating any ordinances. Regular City Council Meeting Tuesday, August 20, 2024 Page 23 Councilman Yanez next addressed the attempted abduction and wanted to remind the public to be self-aware and pay attention to their surroundings. He then spoke about the property purchased though the millage and whether it could be developed. Mr. Kaszubski confirmed that any property purchased though the millage funds would have a conservation easement and the only way it could be developed is for passive park use such as trails or benches. Councilman Yanez said he believes the budget should be reviewed to find funds in lieu of a mileage proposal. Mayor Taylor thanked Scott VanLuven on behalf of the city council for his intervention in the attempted abduction incident. Mayor Taylor asked the residents to be inspired by him and what he does for this community. 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 is one item for Closed Session this evening. 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting and recess into Closed Session. Mayor Taylor announced that they will adjourn from Closed Session. Roll Call Vote: Yes: Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor, Yanez. No: None. Regular City Council Meeting Tuesday, August 20, 2024 Page 24 The motion carried (7/0). The meeting recessed into Closed Session at 11:25 p.m. and adjourned from Closed Session at 11:43 p.m. MELANIE D. RYSKA, City Clerk