City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL SEPTEMBER 3, 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; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool reminded everyone that on Wednesday, September 18, 2024, between 4 p.m. and 6 p.m. at the Public Works Department, 7200 18 Mile Road, the City will be hosting a townhall meeting to discuss all things recycling. He explained that City Council recently adopted an ordinance to accommodate recycling in multi-family complexes, so they want to make sure that the residents in those complexes and the management teams are informed of the changes. In addition, the second part of that forum will be dedicated to all residents to make sure they fully understand the dos and Regular City Council Meeting Tuesday, September 3, 2024 Page 2 don’ts of recycling. He added that universal curbside recycling is going very well so far. If anyone has any questions or concerns, he urged the public to attend the townhall forum, and he clarified that 4:00 to 5:00 will be devoted to multi-family complexes, and 5:00 to 6:00 will be devoted to residences and general recycling questions. Mr. Vanderpool also reminded everyone that the State of the City, hosted by Mayor Taylor, will be held on Friday, September 27th, and this event draws elected officials, business leaders, residents, and others every year. It is a popular event, which includes a breakfast beginning at 8:00 a.m. and the start of the program at 8:30 a.m. Anyone interested in attending can go to Connect Macomb on the Macomb County Chamber, register, and obtain all of the information they need. Mr. Vanderpool talked about the City’s highly successful internship program, and in any given year they have twenty-plus interns working in various disciplines across the organization. They are a huge benefit to all departments, and they have a meaningful learning experience. He added there are occasions where some of the interns return to the City by getting hired into full-time positions, and some of them even rise through the ranks, noting some of the City’s directors started as interns in Sterling Heights. He invited Adaptive Recreation Specialist Becca Lynn to talk about an extension of that program, the first ever in Macomb County centered on adaptive learning experiences through meaningful internships with the City, specifically their Parks and Recreation Department. Regular City Council Meeting Tuesday, September 3, 2024 Page 3 Adaptive Recreation Specialist Becca Lynn stated she has some wonderful representatives from the Utica Community Schools, and they are pleased to speak about the very exciting program in which they are partnering, called Project Search. She provided background information on Project Search, which is a school-to-work transition program designed for young people with intellectual or developmental disabilities. She explained that this program originated at Cincinnati Children’s Hospital, and the Director of the Children’s Emergency Department at the time felt that because the hospital served individuals with varying abilities and disabilities, they should also employ people with varying abilities and disabilities. The goal was to fill the entry- level positions that had high turnover rates with people who looked like individuals for whom the hospital served. She noted that this idea was presented to the Special Education Director at the nearby Green Oaks Career Campus, and the partnership formed immediately. She provided details of the first site and subsequent sites since its inception in 1996. Since that time, Project Search has grown to 734 sites in forty-eight states and ten countries across the globe. It involves an extensive period of skills training and career development via internships, innovative adaptations, long-term job coaching, and constant feedback from special education teachers, para-pros, businesspeople, and everyone involved. Many students enrolled in special education classes often engage in workplace learning as a part of their traditional school experience, where they go to offsite locations and perform support tasks during their school day. Ms. Lynn explained that Project Search Regular City Council Meeting Tuesday, September 3, 2024 Page 4 is different in that it is a business-led employment planning program that takes place entirely at the workplace, encouraging total emersion. Ms. Lynn stated the City of Sterling Heights has proudly served its community members with disabilities for many years, from inclusive events to adaptive recreation programs to accessible parks and facilities. They have prioritized the well-being and quality of life of the special needs population. She is confident that Project Search will further that initiative and further their recently adopted Diversity, Equity, and Inclusion (DEI) journey by embracing the diverse abilities within the community and welcome them into the workplace and organization. Ms. Lynn informed that Utica Community Schools approached the Parks and Recreation Department in February 2023 with the idea of Project Search, and partnering on this program was relatively seamless, and after a year-and-a- half of conversations, they are pleased to announce that they launched their site last week, making it the first in Macomb County. The Sterling Heights Parks and Recreation Department is proud to be the host business for this new site, and she emphasized it will be a team effort. They have agreed to host three ten-week internships within the Parks and Recreation Department, so two interns will rotate through internships at the Community Center, two at the Senior Center, and two with their Parks Team, and they will engage in the ten-week internship, have a transition week in-between, and will rotate to the next location. The interns will have the opportunity to gain firsthand experience in a range of responsibilities, including clerical support, customer Regular City Council Meeting Tuesday, September 3, 2024 Page 5 service, building setup and maintenance, and park maintenance. She hoped these tasks and responsibilities will lead them to competitive, sustainable, and integrated employment, which is the ultimate goal of Project Search. As the host business, they have also agreed to provide a training space for the interns, an intern “hub” at the amphitheater, and will provide various staff members throughout the department to provide support. She added that she will serve as the business liaison overseeing the program. Project Search provides the curriculum for the students to engage in, Michigan Rehabilitation Services will provide skills training and job development, Always Care Services has provided a skills trainer who will be onsite every day to support the interns through their internship and job search, and Utica Community Schools has supplied the classroom materials and wonderful staff members, including an instructor and paraprofessional who are also on site every day to support and guide the interns as needed. This will ensure the interns have the tools and resources needed to succeed in their roles while developing valuable transferable skills to succeed and prepare for future employment opportunities that align with their goals. Michelle Flessa, Supervisor for Special Services at Utica Community Schools, stated this is very exciting for their school district and for the City. She explained she grew up in the City of Sterling Heights, played sports and danced in the community, and worked in the City. She was looking for a host business and drove to the Community Center to see if she could talk with someone. She met with Ms. Lynn and spoke very highly of the amazing team Regular City Council Meeting Tuesday, September 3, 2024 Page 6 at Parks and Recreation, including Mr. Langlois and Ms. Lynn. She stated she is excited to see what the interns will be doing for the City, and their ultimate goal is to continue to grow this program, see the Utica Community School interns graduate, not only from the schools but from the internship with one hundred percent employment. She thanked everyone for this opportunity. Ms. Lynn explained that since February 2023, they have undergone thorough assessments, planning sessions, professional development, and intern selection. She stated the interns had to apply for the program, undergo a skills assessment day with a working interview, engage in a formal interview, and they had to remain in good standing for the remainder of the 2023/2024 school year to secure their spot in this program. She stressed they have a great group of interns for this year, and they are excited to be here and eager to learn. They have a wonderful instructor dedicated to the success of this program, and she invited her to come up and speak. Project Search Instructor Kristy Petras thanked the City Council for allowing them to introduce themselves and talk about this program. She stated she is a Utica Community Schools graduate and taught at Stevenson High School for the last five years in the work training for students with special needs. She is thrilled to be the instructor for this program and explained that as they finished their first week of school last week, they learned they are no longer in school but are in the workforce. Ms. Petras explained they have six interns, but two of them could not be present this evening. Nick, Marcus, Ethan, and Regular City Council Meeting Tuesday, September 3, 2024 Page 7 Nino introduced themselves. Nick added that he is very excited to try this out, considering it a new beginning. Ms. Petras explained that they are doing three weeks of in-class work to get an idea of what they will be doing, and after the three weeks, they will start their internships. She hopes this program will continue to grow each year. Ms. Lynn emphasized they are all very excited for this program, and the expectation is that Project Search will bring success to everyone involved. They are looking forward to the growth and development of the interns and the program as a whole, and they will continue to share the story as the year progresses. She thanked City Council for their time, consideration, and support, and she offered to answer questions. Councilwoman Schmidt stated she is so excited and proud of the interns and added that it is a wonderful opportunity for everyone involved. She commended the amazing Parks and Recreation staff, and felt this will be the perfect opportunity. Mayor Pro-Tem Sierawski stated this is wonderful to have this opportunity in the City, and she is confident they will learn as much from having the interns as the interns will learn from the City. She is excited to see this going forward, grow this experience, and seeing what everyone can bring to the table is a blessing and an honor. Councilwoman Koski commended Ms. Lynn on bringing in a fantastic program. She questioned whether this is a ten-week program. Regular City Council Meeting Tuesday, September 3, 2024 Page 8 Ms. Lynn replied to inquiry that the interns will undergo a ten-week internship, with a one-week transition period. Overall, it will be from now until May, so these interns will be with them for an entire school year. The internships are broken down into ten-week segments, and they rotate through them. She confirmed the entire program is more than ten weeks, but it is a full-calendar school year. Councilwoman Koski questioned the grade they must be in to participate in this program. Ms. Lynn replied to inquiry that Project Search has a variety of program structures, so sometimes their program is for high school students. Al of the interns in this program are coming from the You Connect program within the Utica Community Schools, so it is post-secondary students ages 18 to 26. Councilwoman Koski recalled her grandson went to Stevenson High School and participated in a similar program. She stated it was successful because he graduated, is working now, becoming very independent, and doing very well. She stressed she supports what they are doing and would like to see this program grow because it is desperately needed. Councilwoman Ziarko felt it is great that the Utica Community Schools chose the City of Sterling Heights for this program. She questioned whether these are paid internships. Ms. Lynn explained that the interns are donating their time in-kind, with total learning experience for them and at no cost to the City. Regular City Council Meeting Tuesday, September 3, 2024 Page 9 Councilwoman Ziarko stated it would be nice if they end up getting a job in the City so the City can pay them back for all of the volunteer hours they are putting in. She is confident there are other parents and kids that would like to know how they can get involved. She pointed out that if they are trying to partner interns with businesses, the City has connections in the business community so they may be able to lead the school district in the right direction when it comes to expanding this program for other students and interns. Ms. Lynn stated their ultimate goal is employment at the end of their internship, whether that is within the host business or other businesses that align with their goals. Councilwoman Ziarko pointed out there are businesses that will help people get job placement after a program like this, so if they can help in any way, they would be happy to do so. She welcomed the interns to the program and to Sterling Heights. Councilman Radtke welcomed the interns to the City of Sterling Heights. He stated he can see their parents in the audience, and they are so proud of their interns. He is confident this program will do wonders for the interns, adding that the City is a great place to work, and he expressed his hope that they all have a wonderful time. Councilman Yanez thanked Ms. Lynn for listening when Ms. Flessa approached her about this program. He commented that every parent wants their child to grow and prosper, and he emphasized this is a great opportunity Regular City Council Meeting Tuesday, September 3, 2024 Page 10 for those involved in the program and for their families. He is excited to have these young people here, and he is confident they will succeed. Mayor Taylor stated this was a great presentation, and he asked whether Mr. Langlois had told Ms. Lynn to “run with the program.” Ms. Lynn explained that Ms. Flessa reached out directly to Mr. Langlois and, as he considered Ms. Lynn’s background as a Certified Therapeutic Recreation Specialist and her work with special needs individuals for her entire career, Mr. Langlois felt it was a good fit and gave her permission to “take it and run with it.” Mayor Taylor stated Mr. Langlois is a very good Parks and Recreation Director, and he knows how to pair people like Ms. Lynn to this type of program. He thanked Ms. Lynn for the work she is doing, and he pointed out whenever they take on a project like this, they do a supreme amount of planning to make sure they get it right. He expressed confidence that it will be very successful, and he wished her luck. He thanked everyone who helped to bring this program to the City of Sterling Heights, and he thanked the parents as well. He welcomed the interns to the Sterling Heights family and wished them well. He stressed how important work is in local government because they are serving people who live, work, and spend their time in the City. He pointed out that the interns are now a part of that, so he congratulated them, adding he hopes they get a lot out of the program and learn a lot. He hoped they will consider working in local government, whether it is in this community or another community. He stressed it is a rewarding Regular City Council Meeting Tuesday, September 3, 2024 Page 11 career path. He also thanked the Utica Community Schools for this opportunity, emphasizing that his three children attend schools in the UCS District, and he loves the work the district is doing. Mr. Vanderpool stated this program illustrates the importance of their Diversity, Equity, and Inclusion (DEI) crusade. It is multi-faceted, and this program is a big part of it, illustrating the importance of collaboration. He is proud of their relationship with their school districts. He thanked Ms. Lynn for the amazing work she does every day, and the City is fortunate to have her. He stated this concludes his report for this evening. 6. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda as presented. He opened the floor for public comments, but no one spoke. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the August 20, 2024 Regular Meeting. B. To approve payment of the bills as presented: General Fund - $645,404.66, Water & Sewer Fund - $111,895.94, Other Funds - $3,335,063.75, Total Checks - $4,112,364.35. C. RESOLVED, to: 1. Approve the Service Agreement between the city of Sterling Heights and Class A Training Center, LLC, 105 Peyerk Ct., Romeo, MI 48065, for counseling services through September 30, 2025; 2. Approve the Service Agreement between the city of Sterling Heights and Class A Training Center, LLC, d/b/a Testing & Prevention Center (TAP), 105 Peyerk Ct., Romeo, MI 48065, for a range of testing services through September 30, 2025; and, 3. Authorize the City Manager to sign the Service Agreements on behalf of the City. D. RESOLVED, to approve the Easement Agreement between the city of Sterling Heights and the Oakland-Macomb Interceptor Drain Drainage District, PSP23-0030, and authorize the Mayor and City Clerk to execute the Agreement on behalf of the City. E. RESOLVED, to: Regular City Council Meeting Tuesday, September 3, 2024 Page 12 1. Award the bid for the for the Nature Center Bridge Rehabilitation, City Project #24-438, and West Schoenherr Pedestrian Bridge over Plumbrook Drain Rehabilitation, inclusive of Alternate Bid 2, City Project #24-433, to Z Contractors, Inc., 50500 Design Lane, Shelby Township, MI 48315, in the amount of $1,286,250.08; 2. Authorize the Mayor and City Clerk to sign all required project documents, including the Cost Share Agreement, on behalf of the City; 3. Approve Hubbel, Roth & Clark, Inc. as project engineers for both projects at current contract rates. And; 4. Authorize a budget amendment to the Capital Project Fund in the amount of $70,000 to complete City Project #24-438. F. RESOLVED, to: 1. Accept the proposal by Uzstan, LLC, 641 Kingstone Court, Oakland, MI 48363, for general construction services for the James C. Nelson Major Park Improvements in the amount of $499,950; 2. Accept the proposal by Wisconsin Greenhouse Company, 2190 Pennsylvania Avenue, Madison, WI, 53704, for the 20’ x 30’ Cross County Butterfly Conservatory in the amount of $213,585; 3. Purchase one (1) 24’ pavilion and two (2) bench shelters manufactured by Poligon by Porter Corporation through Penchura, LLC, 889 S. Old US 23, Brighton, MI 48114, at competitive pricing available through Sourcewell cooperative purchasing contract #012621-PPC in the amount of $86,473.12; 4. Purchase one (1) 12’ x 20’ Nantucket Shed manufactured by Tuff Shed through Home Depot, U.S.A., 2455 Paces Ferry Road, Atlanta, GA 30339, at discounted pricing available through the U. S. Communities Government Purchasing Alliance contract #16154 in the amount of $13,712.68; 5. Accept the proposal by Shelby Underground, 12304 24 Mile Road, Shelby Township, MI 48315, for water main tap and water service line installation services in the amount of $14,414. 6. Accept the proposal by LaBelle Electric Contractors, LLC, 241 Church Street, Mount Clemens, MI 48043, for electrical services in the amount of $48,750; 7. Authorize a budget amendment in the amount of $876,885 from the American Rescue Plan fund in order to reallocate funds from the fiscal year 23/24 budget, and, 8. Authorize the City Manager to execute all required documents in connection with the construction of the James C. Nelson Major Park Improvements on behalf of the City. G. RESOLVED, to purchase two (2) Caterpillar 420XE backhoe loaders, with options, from MacAllister Machinery Co., Inc., d/b/a Michigan CAT, 24800 Novi Road, Novi, MI 48375, at competitive pricing Regular City Council Meeting Tuesday, September 3, 2024 Page 13 available through state of Michigan MiDeal cooperative purchasing contract no. 240000000165, at a cumulative cost of $349,428.60. H. RESOLVED, to purchase two (2) Accuracy International AT law enforcement .308 Win 20" barrel rifles, with accessories, from Mile High Shooting Accessories, LLC, 5831 Ideal Drive, Frederick, CO 80516, at a total cost of $17,914.80. I. RESOLVED, to purchase one-year subscriptions for Barracuda Essential Compliance and Cloud to Cloud software modules from People Driven Technology, 6300 Venture Hills Blvd. SW, Byron Center, MI 49315, for the period October 19, 2024, to October 18, 2025, at a cost of $44,998.40. J. RESOLVED, to purchase the license for the Web Briefing Notes software module from Tyler Technologies, Inc., 5101 Tennyson Parkway, Plano, TX 75024, at a first-year cost of $16,970, with annual technical support and maintenance at a cost of $2,730 and authorize the City Manager to sign required documents on behalf of the City. K. RESOLVED, to rent the Mekel Mach Mini Microfilm Roll Film Scanner, with installation and on-site training, for a three (3) month term from The Crowley Company, 5111 Pegasus Court, Suite M, Frederick, MD 21704, at pricing available through GSA contract no. 47QSMA18D08PC, at a total cost of $22,175. L. RESOLVED, to reject the bids received for PPG Alkyd 4308 oil-based gloss paint, ITB-SH24-015. M. RESOLVED, to adopt the resolution designating September 15th to October 15th annually as "National Hispanic Heritage Month" in the City of Sterling Heights. Yes: All. The motion carried (7/0). 7. CONSIDERATION A. Mayor Taylor stated this is to consider approval of a First Amendment to Stipulated Amended and Restated Consent Judgment in the case, Vestevich et. al. v. City of Sterling Heights; Macomb County Circuit Court Case No. 07-2424-CE. He invited Assistant City Planner Shawn Keenan to give the presentation. Assistant City Planner Shawn Keenan explained that in 2007, an original lawsuit was filed for a parcel located at the southwest corner of 19 Mile and Mound to build a gas station with convenience store and two office centers. Regular City Council Meeting Tuesday, September 3, 2024 Page 14 After it was approved, it was never developed and stalled for about thirteen years until the current owner purchased it from the original applicant. At that time, the new owner amended the Consent Judgment to allow for the gas station/convenience store with the addition of another unit that could be occupied by a coffee shop or restaurant. It allowed for one office building on 19 Mile rather than the two that were originally planned, as well as a retail building off of Mound Road. It also included fuel pumps. He showed a photo of the site taken today, showing the existing building with the existing convenience store and gas station, and the end unit where the proposed Dairy Queen is going to go. The existing retail building is in the far background. Mr. Keenan commented that it looks wonderful and is one of the nicest gas stations in the City. Planner Ryan Fox explained the amendments being proposed to the current Consent Judgment, which is to allow a Dairy Queen with a drive-through unit. Its hours of operation from November 1st through March 31st would be from 10 a.m. to 9 p.m., Sunday through Thursday, and 10 a.m. to 9:30 p.m. Fridays and Saturdays. From April 1st through October 31st, the hours would be from 10 a.m. to 10 p.m., Sunday through Saturday. He stated the Dairy Queen would provide eight sit-down spaces in order to accommodate those who like to dine inside. The dimensional changes included in the Consent Judgment include the addition of an outdoor 260-square foot storage structure (freezer) which would be screened on three sides (north, south, and west) by an enclosure measuring 12 feet four inches in height that will match the existing Regular City Council Meeting Tuesday, September 3, 2024 Page 15 façade. The existing building would screen this structure from the east. Any removed landscaping from the site will be relocated to a different part of the site in order to maintain current planting counts. Mr. Fox noted the internal floor plan of the site was also changed, and the Dairy Queen would be occupying 1,240 square feet, with the convenience store occupying 5,920 square feet. He showed the overall landscape plan and informed the applicant proposed planting seven additional Norwegian Spruce trees in order to fill gaps between Phase 2 and the neighboring residential properties, and that would be removed and relocated to the already-approved plan once construction on Phase 2 begins, noting it is a stop-gap between Phase 1 and Phase 2 to make sure the residents are properly screened. He showed the layout of the site and explained it in detail, as well as the floor plan and architectural renderings, showing the facade. He showed the area where the seven additional trees will be planted, filling the gaps, and he noted those would be relocated once Phase 2 construction begins. He offered to answer questions. Mayor Taylor opened the floor for comments or questions from the audience. • Lazlo Hideg – resident of Sterling Heights for over thirty years; indicated his son recently purchased a home at 5795 Heindale, just south of the subject property; looks like with the enclosures around the external condensers, they should be protected from the noise; questioned whether the compressors are inside the enclosure. Mr. Fox confirmed the compressors would be inside the enclosure. Regular City Council Meeting Tuesday, September 3, 2024 Page 16 • Mr. Hideg – stated there is a similar facility on the east side of Mound Road, although it is slightly smaller; questioned the decibel levels of this equipment. Moved by Sierawski, seconded by Schmidt, RESOLVED, to approve the First Amendment to Stipulated Amended and Restated Consent Judgment in the case, Vestevich et. al. v. City of Sterling Heights; Macomb County Circuit Court Case No. 07-2424 CE and authorize the Mayor and City Clerk to sign all documents required in conjunction with this approval. Mayor Pro-Tem Sierawski questioned how noisy the refrigeration unit will be. Mr. Keenan stated he does not have the decibel levels of the units being installed; however, if there are any types of nuisance problems, the Office of Planning would notify the owners of the Dairy Queen would have them to address it and come into compliance with City’s Nuisance Mitigation Ordinance. Mayor Pro-Tem Sierawski questioned Mr. Hideg as to whether that answers his question about the noise level. • Mr. Hideg replied that answers his question. Mr. Keenan showed the site once again, noting the masonry wall of the unit extends six inches to a foot above the condenser, plus the retail building to the south will help to act as a buffer. He does not know the exact distance from this enclosure to the south property line, but it is quite a distance. Councilwoman Schmidt questioned whether the petitioner is present this evening. Mr. Keenan confirmed that the petitioner is not here. Regular City Council Meeting Tuesday, September 3, 2024 Page 17 Councilwoman Schmidt felt that is unfortunate. She questioned whether they have tenants for the retail building. Mr. Fox stated they had a use permit submitted for that property, and he believes it is physical therapy, so it is a medical use. He added it is in the northernmost unit. He replied to further inquiry that there will not be outdoor seating, according to the current provisions of the Consent Judgment. He recalled there was discussion of that originally, and there is a process in which the Planning Commission approves a Nuisance Mitigation Plan. The applicant indicated they did not want to pursue that at this time. They would have to go through administrative and public hearings to make that happen in the future should they decide to pursue it. Councilman Radtke stated he wished the petitioner were present this evening because he would like to ask him some questions. He questioned the change of hours for the different seasons, and why they would not request permission to be open from 10 a.m. to 10 p.m. year-round. He pointed out they would not have to stay open for all of those hours and could close early if desired, instead of having different hours set from month to month. He is also curious about the decibels of the refrigerator and what the process would be to move the trees. He questioned why they could not remain in place as an addition to the landscaping plan, especially since they are adding a freezer that was not part of the original Consent Judgment. He felt he is being asked to vote on something for which he is only given one side. He indicated he would like to see this postponed until the petitioner can be present. Regular City Council Meeting Tuesday, September 3, 2024 Page 18 Councilwoman Ziarko questioned whether this Dairy Queen is a corporate owner or a franchisee. Mr. Fox replied to inquiry that he believes it is a franchisee. He replied to further inquiry that the drive-through was part of the original Consent Judgment. Councilwoman Ziarko stated she wanted clarification on that for residents. She noted the indication that the Dairy Queen will have “indoor and drive- through service.” She inquired as to whether the Dairy Queen will have access through the convenience store. Mr. Fox replied affirmatively, noting the internal floor plan shows they will be sharing a restroom and can walk from the convenience store through to the Dairy Queen. Councilwoman Ziarko felt there are a lot of provisions in place for the noise level, but she would be interested to find out the decibel level. She would not be opposed to postponing this so they can talk to the petitioner. Councilman Yanez is confident the City has a decibel meter to measure the sound. Mr. Vanderpool stated he is quite certain they still have the ability to measure the sound, but there are other means to validate the decibel level. They will review the specs again to make sure they meet the ordinance. Councilman Yanez felt if they can make a commitment to the concerned citizen to assure this will not exceed the decibel level permitted. He questioned whether this unit has been installed. Regular City Council Meeting Tuesday, September 3, 2024 Page 19 Mr. Keenan replied to inquiry that, to his knowledge, this unit has not yet been installed. Councilman Yanez questioned whether they can make the commitment to measure the sound levels from the rear property line of the abutting residences. Mr. Vanderpool assured they can do that. Councilwoman Koski agreed with her colleagues that past practice has been that if the petitioner does not show up, consideration of their request can be postponed because there are questions that need to be answered. She stated she would be in favor of postponing this until the petitioner is able to attend. Mayor Taylor questioned whether the petitioner is the franchisee or the property owner. Mr. Kaszubski replied to inquiry that the property owner would be the petitioner, but Dairy Queen has an interest as well. Mayor Taylor felt if they are going to postpone this, he questioned whether they want the franchisee here, or the property owner, or both. Councilman Radtke replied to inquiry he would like someone to be present who can speak on the decibel levels and how the property will be screened, so he felt it would be good if they were both present. Mr. Keenan assured they will have them provide the decibel levels, address the screening questions, and address the hours of operation. He will let them know they are being requested to attend the meeting. Regular City Council Meeting Tuesday, September 3, 2024 Page 20 Moved by Radtke, seconded by Ziarko, RESOLVED, to postpone the First Amendment to Stipulated Amended and Restated Consent Judgment in the case, Vestevich et. al. v. City of Sterling Heights; Macomb County Circuit Court Case No. 07-2424-CE, to the September 17, 2024 meeting. Yes: All. The motion carried (7/0). B. Mayor Taylor stated this is to consider approval of a memorandum of understanding between the City of Sterling Heights and Local No. 1557 of the International Association of Fire Fighters. He invited Mr. Vanderpool to give the presentation. Mr. Vanderpool explained their Fire Department is committed to the highest standards of fire suppression, emergency medical services, and fire prevention. The City’s Fire Department has one of the best reputations in the state and country for being a top-tier department. The current fiscal year budget provides for the creation of a Community Risk Reduction Officer within the Fire Prevention Division of the Fire Department. He showed a graph depicting the composition of the current Fire Prevention Division and how it ranks in comparison to other communities. With this position, they rank at the top with five Inspectors, the Fire Marshall, and this new position. The next closest community, on equal footing, is Grand Rapids. He cited the ten comparable communities across the region that they use on many different metrics. They looked at surrounding communities, and Clinton Township has a population of over 100,000, but they only have two positions devoted to fire prevention. This position will enable to take their service to another level. Regular City Council Meeting Tuesday, September 3, 2024 Page 21 Mr. Vanderpool explained that the Community Risk Reduction Officer will become a key leader within the Fire Prevention Division, under the direction of the Fire Marshall. The Risk Reduction Officer is tasked with making Sterling Heights safer by identifying the risks to the community’s health and safety and developing an overall Community Risk Reduction Plan. This process will be data driven and research driven, and this officer will work with City personnel as well as stakeholders throughout the community, region, and at the state level to implement programs for the entire community. This officer will address on a micro level the high hazard occupancy uses, including the facilities classified as hazardous material sites (302 sites), ensure compliance with state and federal Right to Know laws, chemical processing plants, and facilities with special processes and high-piled storage. Mr. Vanderpool noted that this position will perform technical inspections of facilities so it will be a certified inspector. Community education on best practices for fire prevention, sprinkler systems, smoke detectors, and other risk reduction topics will be a point of emphasis for this position. It will also include outreach to senior living facilities and will be heightened, along with industrial commercial mercantile settings. This job classification will perform a professional development pathway to becoming the next Fire Marshall, which is one of the most critical leadership positions within the Fire Department. Mr. Vanderpool explained that the Human Resources Division has negotiated the Memorandum of Understanding presented this evening to create this position, along with the International Association of Firefighters. He extended Regular City Council Meeting Tuesday, September 3, 2024 Page 22 his appreciation to the entire negotiating team, with a special thanks to Union President Ryan Sears for his dedication in moving the process forward. He extended special thanks to the Assistant Chiefs, including Shawn Allen, Mike Amormino, and Human Resources Manager Kate Baldwin for their good work analyzing the appropriate structure for this position and how it fits into the division. He respectfully requested the approval of the MOU by Mayor and City Council. Mayor Taylor opened the floor for comments, but no one spoke. Moved by Ziarko, seconded by Yanez, RESOLVED, to approve the memorandum of understanding between the city of Sterling Heights and Local No. 1557 of the International Association of Fire Fighters for the purpose of creating the new Community Risk Reduction Officer job classification and authorize the Mayor and City Clerk to sign the memorandum on behalf of the City. Councilwoman Ziarko recalled in their budget discussions and in some of their strategic planning, they realized they need more leadership positions in all of their departments because they are not top-heavy, and some of the directors and managers are doing double duty in so many areas. She felt this is moving the Fire Department in another direction to keep up with the times. Incidents are different now than they were twenty years ago, and there are more things that have to be taken care of. She felt concentrating on this position will help them move forward as a city. Councilman Yanez asked Assistant Fire Chief Allen as to whether he was a Fire Marshall before becoming Assistant Chief. Regular City Council Meeting Tuesday, September 3, 2024 Page 23 Assistant Fire Chief Allen replied affirmatively, noting he was Fire Marshall for approximately three years before becoming Assistant Chief. He confirmed he was an Inspector prior to that for about two years. Councilman Yanez questioned whether it was normal for the Fire Marshall to mentor the Inspectors in anticipation of one of them possibly becoming Fire Marshall, and how did he do that. He further questioned whether that will change with this new position. Assistant Fire Chief Allen replied it was part of the job to mentor the upcoming Inspectors, but this will change the direction, because the MOU states that if the Community Risk Reduction Officer plans to become the Fire Marshall, they move to that position. Because of this change, there is much more education required for this new position; therefore, the next Fire Marshall will have quite a bit more education than the current Fire Marshall. Councilman Yanez noted that part of the job responsibilities for this new position will be to establish various programs. He recalled when he was in the Fire Department, they had a number of training programs, including going into businesses and teaching people how to use the fire extinguisher, and going to schools to teach fire safety. He questioned whether those are the types of programs they are looking at. Assistant Fire Chief Allen replied to inquiry that education is a facet of this position, and it is defined by risk. If the person who gets into this position sees, for example, they have a lot of falls in senior living facilities, they will develop a program for the risk they are seeing. They still provide education Regular City Council Meeting Tuesday, September 3, 2024 Page 24 at the lower levels for everyone who wants it. They offer some education for businesses, including the fire extinguisher program, babysitting program, etc., but this would be driven by the need. Councilman Yanez questioned the type of data they will be looking at, and how that will be analyzed and used. Assistant Fire Chief Allen explained that they do their reporting to a system known as NFIRS (National Fire Incident Reporting System), but there is class put out by the National Fire Academy that is specifically for a Community Risk Reduction Officer to get data out of NFIRS. Part of the education requirement is for this person to attend this class, and they will learn how to pull information for the City out of NFIRS. They have not been spending a lot of time on this because of their runs, and they do not often see the trends. This person will be looking for those trends and seeing certain high-risk habits taking place. Councilman Yanez commented it sounds like this person will be very busy, and he questioned whether this will be too much for one person. Assistant Fire Chief Allen replied to inquiry that everyone knows that the Fire Prevention Division takes on a lot, but this is the start of them being able to get more inspections done. One of the first jobs of the Community Risk Reduction Officer will be to do a Community Risk Analysis, where they will start putting all of their businesses into groups, based on uses, occupancies, high-risk vs. medium-risk vs. low-risk, and they can then determine how many businesses and buildings they need to get to within a year, three years, or Regular City Council Meeting Tuesday, September 3, 2024 Page 25 five years. They will have a better idea of what is going on, and that will be the first thing this person will be doing. Councilman Yanez noted they are lagging far behind general inspections, noting after the Great Recession, they were down to one Fire Marshall and one Inspector trying to handle the entire city, and they have never caught up. He questioned whether there are some buildings in the City that have not been inspected in a decade, adding that if they have not been in these buildings for that long of a period, there could be something incredibly dangerous in them. Assistant Fire Chief Allen replied to inquiry that is correct, but he stated he does not know how many buildings fall into this category. They are trying to find a solution to that problem, and this position will do that. He assured it is not that they are not inspecting buildings, because they do almost 2,000 inspections, but the issue is they are doing them on a complaint basis, being more reactive than proactive. Councilman Yanez questioned how long they anticipate it will take before they catch up to every building in the City that needs to be inspected. Assistant Fire Chief Allen replied he would not have any way of knowing that, but they will start with the high-risk buildings right away. He added those are buildings where people are sleeping at night or where they have a lot of chemicals. They will then move to lower-risk buildings, such as restaurants, assemblies, and they will conduct inspections on the very low-risk buildings Regular City Council Meeting Tuesday, September 3, 2024 Page 26 at the end. He explained they will have to determine a procedure on how they get to these buildings. Councilman Yanez questioned how many buildings the state is responsible for inspecting. Assistant Fire Chief Allen replied to inquiry the state is technically responsible for inspecting all schools, hospitals, jails, nursing homes, any type of surgical center, and assemblies. He does not believe the state has done any assembly or school inspections since Public Act 207 went into effect. Councilman Yanez appreciated the City Manager displaying the chart, but the chart that reflected the communities having fewer fire inspectors did not say whether they are doing unit inspections, although he suspected many of them are, which is why they can get away with fewer fire inspectors. He respectfully disagreed with using Clinton Township as an example, considering the horrible fire that resulted in a nineteen-year-old losing his life. He pointed out that building was inspected by a building inspector and not a fire inspector. Councilman Radtke stated he is in favor of this position, emphasizing that it will be a tremendous addition to the Fire Department. Yes: All. The motion carried (7/0). 8. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Jim Bauer – talked about the duties of the City Attorney specified in the City Charter, which is to advise Council on legal matters; commented that Mayor Taylor answered for Mr. Kaszubski about whether City Council violated any laws and then told Mr. Kaszubski to answer no; he referred to a discussion and action taken at the last meeting regarding flood plain area, which is determined by using Regular City Council Meeting Tuesday, September 3, 2024 Page 27 FEMA maps; concerned they violated the law by approving residential buildings within the floodplain area. • Ken Nelson – noted he provided information to the City Clerk this evening and requested it be distributed to the Mayor and City Council; cited an excerpt from Michigan Campaign Finance Act regarding use of public funds or resources for communication by means of radio, television, mass mailing or prerecorded telephone message to reference a local ballot question and is targeted to the relevant electorate where the local ballot question appears on the ballot; talked about punishment for those guilty of violating this; complained about a mass mailing he received regarding the millage proposal on the November 5th ballot; respectfully requested all marketing be withdrawn. 9. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool had nothing further to add this evening. Mayor Taylor did not recall telling Mr. Kaszubski how to answer a question, adding he has a lot of integrity, and he will not lie. He stated he answered no because he strongly believes Council did nothing wrong. He reviewed Mr. Nelson’s email in great detail and appreciates that he is very thorough and passionate. He asked Mr. Vanderpool if they could get an opinion about this, and Mr. Vanderpool told him he would like Mr. Kaszubski and his office to prepare a legal opinion regarding the issues brought up, which he assumes will be forthcoming. He stated he will wait for the attorney to opine before speaking about it, but he believes in Section 1604-e, it talks about building residential structures in the flood plain area, and the base must be two feet above the flood plain. He does not understand the argument with the flood plain, which extends in three dimensions, whereas the flood plain area is essentially two-dimensional. The section referred to by Mr. Bauer speaks very specifically that if a residence is being built in the flood plain, it talks Regular City Council Meeting Tuesday, September 3, 2024 Page 28 about building up in the flood plain area. He does not believe a court would interpret the ordinance the same way as Mr. Bauer because it is specifically referencing “above” where the flood plain limit is. He noted that Section 1600, which talks about the intent of the ordinance refers to not building anything that negatively impacts the amount of water in the reservoir area. There were multiple engineers who stated for the record that Phase I will not negatively impact the amount of water that can be stored, but it will increase the reservoir capacity. He felt the ordinance speaks to building up in the flood plain area in order to build residential. He concluded that he will let Mr. Kaszubski handle the matter. Mayor Taylor addressed the concerns raised by Mr. Nelson about the use of public funds or resources. He emphasized that the subsection referred to by Mr. Nelson does not apply to any of the following: “The production or dissemination of factual information concerning issues relevant to the functioning of the public body.” Mayor Taylor commented that by providing relevant factual information concerning the issues relevant to the functioning of the public body, the government is protected from that because they are providing factual information. There is an election with a question on the ballot. The information provides information on what residents will get if they vote yes on the ballot, and what they will save if they vote no on the ballot. He stated he has not used this forum to influence people one way or another, but he felt even that would be protected by “the expression used by an elected or appointed public official who has policy-making responsibilities.” Regular City Council Meeting Tuesday, September 3, 2024 Page 29 Councilman Radtke stated he will advocate for the millage because he is allowed to do so as “an elected or appointed public official who has policy- making responsibilities.” He emphasized that none of the information sent out by the City uses words in favor of or against the millage. He questioned Mr. Kaszubski as to whether both federal and state law recognize certain terms and phrases advocating for or against an issue or a candidate. Mr. Kaszubski replied to inquiry that is true. He replied to further inquiry that the article attached to correspondence from a resident refers to another community. He does not want to weigh in on whether or not that community violated anything, but they were asking residents to vote “yes.” He stated that is something he would advise against. Councilman Radtke does not believe they are in violation, and they are providing factual information to the voters so the voters can make their own decisions. He pointed out the residents voted in favor of Safe Streets and ReCreating Recreation, and they are giving this issue to the voters as well so they can make their decisions and vote for or against in November. Councilman Radtke addressed comments made by Mr. Bauer, using the analogy that the state of Hawaii is in the Pacific Ocean; therefore, people living in Hawaii are living in the ocean. He pointed out that Hawaii is an island in the middle of the Pacific Ocean so people can live there. He believes the ordinance allows building in the flood plain if it is elevated out of the flood plain, just as Hawaii is elevated out of the Pacific Ocean. Regular City Council Meeting Tuesday, September 3, 2024 Page 30 Councilman Radtke stated that some of the City Council members will be attending the upcoming Michigan Municipal League (MML) conference, and he is looking forward to it. He stressed it is a great place to exchange ideas and tell people about the great things they are doing in Sterling Heights. Councilwoman Schmidt stated that, speaking of the MML conference, many of her colleagues are going next week, and they all look forward to going and interacting with their counterparts in other communities, adding it is a great learning experience for everyone. She mentioned that Councilwoman Ziarko is being named the 2024 Jim Sinclair Exception Service Award recipient, and she commended Councilwoman Ziarko for bringing back a plethora of knowledge to the City and how they can look for money, come up with new and fresh ideas and ways on how they can become an even better city. She added that both Councilwoman Koski and Mr. Vanderpool have received this award in the past, so they are fortunate as a community to have Exceptional Service Award recipients in their community. She congratulated Councilwoman Ziarko and added she is looking forward to celebrating her award next week. Councilwoman Ziarko thanked everyone but commented the last time she received a service award was when she was a senior in high school. She stressed it is not about the award, but about the people they meet, the people they help, and the people that they work with, which is everyone sitting here. She emphasized it is not just about her because she could not do this by herself. She is thankful for the opportunities she is given to be able to serve. Regular City Council Meeting Tuesday, September 3, 2024 Page 31 Councilwoman Ziarko talked about another horrible, tragic accident that occurred last night on Schoenherr near 15 Mile Road. She stated this is the third accident that has occurred on the side of her house in the last two years. She talked to all of her neighbors today and discovered that one of her neighbors across the street works for MDOT in Detroit. She explained part of her job is working in a division that reviews cameras for MDOT that are placed on the expressways. This neighbor mentioned to her that Macomb County is most likely analyzing this accident now if there is a camera on the corner. She pointed out there are areas in the City that are more prone to serious accidents, and she questioned whether it would be possible to get cameras installed in these areas for the purpose only of accident investigation. This would alleviate the problem of varying witness accounts and could be a tool they could use to piece together accidents. Councilman Yanez recalled that City Council has been told they would be receiving the Greenhouse Gas Carbon Emission Footprint Report, and he questioned when Mr. Vanderpool anticipates this will be complete. Mr. Vanderpool stated he received the report last week and is currently reviewing it. He expects to send it to City Council within the next couple of weeks, and he will look forward to their feedback. Councilman Yanez noted they are also waiting for a report on the Fire Department, and in inquired as to the status of that report. Mr. Vanderpool believes that Councilman Yanez is referring to the Community Risk Assessment. They have met with the consultants, led by Regular City Council Meeting Tuesday, September 3, 2024 Page 32 ICMA and a number of their sub-consultants. He expects by the end of this year they will have the final report, if not sooner. He is confident that report will be incredibly helpful to the new Community Risk Reduction Officer. He hopes they have it completed by year-end. Councilman Yanez stated he is aware that the City is spending a lot of money promoting the millage. He does not know whether they are keeping track of how much money is being spent on informing the citizens about the millage proposal, and he asked Mr. Vanderpool if they have an amount. Mr. Vanderpool replied that whenever the City Council votes to approve a ballot initiative (placing it on the ballot), City Council simultaneously is directing City Administration to provide as much factual information as is possible to make sure voters can make a very well-informed decision to vote either yes or no. They have almost entirely relied on in-house sources to provide that information, and that is a job of their Community Relations Department. They provide public information; they are good at it and do it every day as part of their job. They also have in-house capabilities to produce material such as an insert, signage, etc. If they had to use external resources, they would have to come to City Council to expend anything above $10,000. Councilman Yanez commented that the City sends out a video on YouTube with drone footage, photos on display in the City Hall lobby of what they are proposing, and the placard in front says, “Shape the Future of Sterling Heights.” He felt that clearly implies that if someone wants to “shape the future of Sterling Heights” and want all of what is shown, they will be voting Regular City Council Meeting Tuesday, September 3, 2024 Page 33 yes. He admitted no one is saying to vote yes or no, but reiterated it is clearly implied. Councilwoman Koski commented the presentation of the proposed Project Search, where the City is partnering with Utica Community Schools, is fantastic. She recalled in the past they have had interns throughout the school year who have worked for the City. She questioned whether they could possibly work on putting that program back together again and concentrate on seniors who are looking for a career but are not sure which way they want to go. She felt if they could offer clerical employment for interns to see what city government is like, possibly they could work on preparing their future employees. There are different companies who work with the schools, or an apprenticeship for the students who have graduated, and those companies would send the students on to college for further training through the apprenticeship program. She would like to see the City help these students meet with a manufacturing company, for example, where they could learn how to weld. They would work for a certain period of time and attend school for part of the time. She questioned whether there is any way the City could work with the businesses located in Sterling Heights to see if they would be willing to partner with Utica Community Schools to put that program back into effect. Councilwoman Schmidt stated she works in the Prep Center in the Warren Consolidated School District, and they have some CTE programs that do work-based learning. Those students, during their school day, will actually Regular City Council Meeting Tuesday, September 3, 2024 Page 34 go to paying jobs. She is confident that Utica Community Schools offers that same program. She is not sure what Councilwoman Koski is requesting. Councilwoman Koski stated she is asking for more to be done. She noted her grandson graduated from Stevenson High School and was placed into a program with a company where he learned how to weld. He worked for the company for a certain number of weeks, followed by a certain number of weeks in school. When the economy suffered, the program ended. She felt as a city government, they have the ability to contact some of these manufacturers and place them in touch with the school districts. Councilwoman Schmidt stated her son was in an apprentice program through Macomb Community College, and they have a plethora of resources that do paid apprenticeships. There are a lot of resources out there and a lot of manufacturing companies that are willing to take on these apprenticeships. She added that the federal government subsidizes the pay to the employees. Mr. Vanderpool stated those are all good ideas, and he appreciated Councilwoman Schmidt’s comments on the topic. He agreed the two school districts do a lot of programming in that respect, although he added there is always an opportunity to strengthen that partnership and see where the City can help. He is meeting with Ford Motor Company and Stellantis representatives on Thursday to talk about numerous issues, and he stated he will raise this issue with them. He agreed with Councilwoman Koski that the City is probably more in touch with their businesses than the high schools are. He assured if they can help in any way they need help, they are willing Regular City Council Meeting Tuesday, September 3, 2024 Page 35 to look at that. He added they also work with Michigan Works! to connect with younger people looking for opportunities in the way of apprentice programs. He assured their comments are well-taken, and he would be happy to look at it and see if they can come up with some additional ideas. Mayor Pro-Tem Sierawski reminded everyone about the Recycling town hall meeting on September 18th for multiple-family complexes from 4:00 to 5:00 and for all residents from 5:00 to 6:00. This is at the Department of Public Works, and they will cover a lot of information as to what is considered recyclable. She questioned whether they have a program with any of their big manufacturers such as Ford Motor Company or Stellantis as far as recycling is concerned. Mr. Vanderpool replied to inquiry that they have had some discussions in the past, but it is difficult to mandate recycling as they move into commercial areas because it becomes difficult to enforce. He added that a lot of the large manufacturers have recycling programs that are very robust, noting they recycle scrap metal, paper, and in many cases, they utilize best practices; however, with over 4,000 businesses in the City, it would be difficult for the City to step in and audit them. He felt that for the smaller businesses looking for some recycling options, the City tries through their public information efforts that they know about the City’s clean-up and recycling days that the City and the County have available. He suggested there may be more they can do, but in terms of recommending an ordinance the City Council could consider, he felt it would be very difficult. Regular City Council Meeting Tuesday, September 3, 2024 Page 36 Mayor Pro-Tem Sierawski clarified she was not thinking about ordinances but more about what is offered for them. She stated that with her business, they do a lot of recycling on their own. She stated she is looking forward to the MML conference and spending time with her colleagues and people from other communities throughout the State of Michigan. She thanked the residents in advance for allowing them to go, and she is looking forward to bringing back some new approaches and ideas for the City. 12. UNFINISHED BUSINESS There was no unfinished business. 13. NEW BUSINESS There was no new business. 14. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated are no items for Closed Session this evening. 15. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (7/0). The meeting adjourned at 8:48 p.m. MELANIE D. RYSKA, City Clerk