City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL OCTOBER 15, 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. Councilman Radtke requested that Consent Agenda Item 8-H be moved off of the Consent Agenda and made Consideration Item A. Mayor Taylor stated Communications from Citizens will become Item 8 on the agenda, and Consent Agenda Item 6-H will become Consideration Item 7-A. Yes: All (on amended agenda). The motion carried (7/0). 5. REPORT FROM CITY MANAGER Mr. Vanderpool stated he has a few special presentations to highlight this evening. He invited City Clerk Melanie Ryska to provide an Early Voting overview. City Clerk Melanie Ryska started by reviewing some community statistics, noting that Sterling Heights is the fourth largest community in the State, with approximately 134,000 residents, and almost 107,000 registered voters. There are Regular City Council Meeting Tuesday, October 15, 2024 Page 2 forty precincts, twenty-seven locations, two early voting sites, and numerous ballot drop boxes in the City. She showed a map of the precincts, including a listing of the districts. Ms. Ryska explained that voting options since 2018 have expanded voting rights and opportunities. Early Voting is new for this presidential election, which takes place for nine days before each election. Voters also have the ability to vote by mail and can sign up to be on a Permanent Ballot List, which involves a one-time application to automatically receive a ballot every election cycle. She explained the difference between this and the Permanent Application List, which is popular for those who travel frequently because ballots cannot be forwarded by the U.S. Post Office to a temporary forwarding address. She added that Election Day voting in person at the precincts is still available. Ms. Ryska talked about the Election Center, located through the south entrance of the Community Center at Dodge Park and Utica Roads, and they are open Monday through Friday from 9 a.m. to 5 p.m., as well as Saturday, November 2. On Election Day, the Election Center is open from 7 a.m. to 8 p.m. She explained the days that early voting is available, which is new for the presidential election. They had early voting for the presidential primary in February as well as the primary election in August. The nine days of early voting will begin on October 26th and will go through Sunday, November 3rd, from 9 a.m. to 5 p.m. each of those days, including Saturdays and Sundays. The City of Sterling Heights has partnered with the City of Utica, so all of Utica voters are able to vote at either one of the early vote sites, Regular City Council Meeting Tuesday, October 15, 2024 Page 3 located at the Election Center inside the Community Center, and at the Chaldean Community Foundation, located on 15 Mile Road, west of Ryan Road. There will be Early Vote selfie stations, where voters can take selfie and tag the City at #CityofSterlingHeights on Instagram or Facebook. She showed the contest winners for “I Voted” stickers, and these will be available at all of their precincts on Election Day, as well as the Early Voting locations. Ms. Ryska explained some confusion that has occurred with absentee voting, noting there are a lot of third-party special interest groups that are sending out mailers to registered voters in the City. These applications, letters, or other correspondence have caused a lot of confusion, and the City is receiving a lot of phone calls and emails. She clarified that anything coming from her office will have the official “Election Mail” logo, and that logo was shown on the screen. She cautioned that anything election-related that does not have that logo does not come from the City Clerk’s office and can be discarded. She urged anyone with questions can contact them for clarification. A photo of the AV Office team was shown, and she explained they are temporary seasonal employees who process the absentee ballots. They have sent out over 25,000 ballots to date, and they have received about 8,800 ballots back. She urged everyone to get their ballots back sooner rather than later. She also informed that voters can take their absentee ballot, which they receive at home, to their Early Voting site and put it through the tabulator. The absentee ballot can also be taken to the voter’s precinct on Election Day and tabulate that ballot. She explained that the last day Regular City Council Meeting Tuesday, October 15, 2024 Page 4 to receive an AV ballot by mail is Friday, November 1, 2024 at 5 p.m., and applications can be submitted online at www.mi.gov/vote. The last day to receive an AV ballot in person is Monday, November 4, 2024 at 4 p.m., and that can be done in person at the Election Center. She encouraged people to come to the Early Vote sites. She noted there is one exterior 24-hour drop box for every 15,000 voters in the City. They also have a couple of interior drop boxes, and she assured all of their drop boxes are video-monitored. They are picked up daily by Election staff, and on Election Day, they are picked up multiple times, with the last pickup at 8 p.m. She advised that anyone interested in tracking their ballot can do so online at www.mi.gov/vote and this website will show, within 24 to 36 hours after drop-off, that the City received their ballot. Ms. Ryska explained they are hosting a “Did You Know – Let’s Vote” forum on Thursday, October 24, 2024 from 6 p.m. to 8 p.m. at the Senior Center. Residents can attend and get all of their questions answered. She noted that www.mi.gov/vote is a state site and has a plethora of information, so if anyone has questions on their registration, where they should go to vote, what is on their ballot, they can visit that website. She added that the City is also available if anyone has any questions, and they can email or call any time. Mr. Vanderpool knows the Mayor, Council members, himself, and fellow directors appreciate the great work the City Clerk’s office does in planning and organizing their elections. He added that the City of Sterling Heights is a model, and it is because of the great work of Ms. Ryska and her team. Regular City Council Meeting Tuesday, October 15, 2024 Page 5 Mr. Vanderpool stated they have their Volunteer Appreciation Dinner next week, and they honor the great work of their volunteers. He invited Marketing and Communications Coordinator Marissa Russo to speak about all of the volunteer opportunities they have and added that they are always looking for more volunteers. Marketing and Communications Director Marissa Russo stated she is excited to share the impact of community engagement and volunteerism in their city. She highlighted some of the amazing work the volunteers are doing, as well as the many opportunities available for involvement. She talked about the importance of volunteers, and they are holding their annual Volunteer Appreciation Dinner this week, where they will honor and recognize many of the individuals, groups, organizations, boards, and commissions who contributed their time to provide essential resources. They will recognize more than 450 volunteers for their years of service and will award community members who have gone above and beyond this past year. The City is truly grateful for their commitment. She outlined the benefits of volunteering in the community, including strengthening social bonds, creating a sense of belonging, and enhancing the overall quality of life for everyone. They provide essential services, increase community pride, and create a spirit of collaboration that makes Sterling Heights a better place. It helps build bonds throughout the community, contributing to the City’s culture and pride for individuals. Regular City Council Meeting Tuesday, October 15, 2024 Page 6 Ms. Russo talked about the numerous ways for individuals and businesses to get involved and contribute to the well-being of the City. She stated Sterling Heights is proud to have twenty-seven active boards and commissions that help guide decisions and initiatives across a wide range of areas, and some of those include but are not limited to the Sustainability Commission, commUnity Alliance, Youth Advisory Board, African American Coalition, Arts Commission, Ethnic Community Committee, Beautification Commission, and others. She talked about community events such as SHINE Day, coming up on November 9th, as well as clergy forums, Sterlingfest, Dodge Park Thursdays, local elections, and others. The Inspiring Green Project is a new and exciting volunteer opportunity, established to lead, educate, and inspire the planting and sustaining of the community’s trees, roadways, and green spaces. There are also opportunities for adaptive recreation and youth coaching, as well as serving in organizations such as Friends of the Library. She explained the City is also proud to highlight their Nice Neighbor Awards, where community members can nominate their neighbors who go above and beyond to contribute to the well-being of the City. She talked about new ways to get involved, including the new community garden at Nelson Park. They are launching a new Ambassador and Street Team program, providing community members with the opportunity to get involved and help spread the word about the upcoming events and initiatives. She urged those interested in becoming involved in any of the many volunteer opportunities to visit the City’s website, sign up for the newsletter, and check out the City’s social media and the City Magazine. Regular City Council Meeting Tuesday, October 15, 2024 Page 7 She concluded that by engaging their residents in volunteer opportunities, they are not only enriching lives today, but they are planting the seeds for a stronger, more united future. On behalf of the City of Sterling Heights, she extended a heartfelt thank-you to their current volunteers for their unwavering dedication to this community. She welcomed anyone interested in making a difference to reach out and get involved. Mr. Vanderpool thanked Community Relations for coordinating in that effort, and he agreed their volunteer program is very involved and provides so many opportunities. He added they are lucky to have those volunteers. He reminded that the SHINE Clean-Up Day is on Saturday, November 9, 2024. It starts at 9 a.m., they work for about three hours, and they have about one hundred volunteers who clean up about thirty homes of individuals who have some type of mobility limitations or financial hardship, and they are unable to rake leaves and do some of the things they need to do. He worked with Councilman Yanez’s team last year, and it is very rewarding work, adding that the residents are very grateful for the work. He urged those interested in volunteering for SHINE Clean-Up Day to visit the City’s website for more information. Mr. Vanderpool talked about the Velocity Center in Sterling Heights, located in part of the SMART Zone. They spend a lot of time on the large corporations within the City, but simultaneously, the City is working every day through the Velocity Collaboration Center to nurture and grow start-up companies and advance the Regular City Council Meeting Tuesday, October 15, 2024 Page 8 ecosystem of their small businesses in Sterling Heights. He invited Velocity Director Paula McPherson to provide an update. Velocity Director Paula McPherson stated Sterling Heights is one of twenty-one SMART zones located throughout the State of Michigan. They provide a business incubator, accelerator, coaching, and also other educational opportunities for entrepreneurs. They are located off of 18 Mile Road, between Van Dyke and Mound, in a 34,000 square foot facility. She explained that since June, when she provided her last update to the Mayor and Council, they have grown even more, noting they have done one-hundred sixty-three new client intakes since the first of the year and have helped to start twenty-one new businesses. This is compared to only nine new businesses they helped to start through all of 2023. She explained some of their other achievements to date since the first of the year, including serving eighty-three Accelerator clients, serving seventy-five Incubator early-stage businesses, awarding $170,000 in grants, and they have brought $18.6 million in investment into businesses throughout Macomb County. They have hosted fifty-six events to date, and they have brought over five thousand people through the building this year, far exceeding last year’s total of just over two thousand people. They now have thirty-five unique individual businesses in Velocity, far exceeding last year’s total of nineteen. Ms. McPherson explained they have saved $47,000 annually by reviewing all of their service provider contracts and putting them out for rebid. She also noted they have had twelve press Regular City Council Meeting Tuesday, October 15, 2024 Page 9 releases, four live news coverages, and three podcast coverages, which far exceeds their numbers from last year. Ms. McPherson addressed future funding, stating they have been having a lot of conversations with many people and companies throughout the State of Michigan, including the Ralph C. Wilson Foundation, banks including Chase, Comerica, and Huntington, Walters Family Foundation, MDARD, USDA, and the Office of Defense and Aerospace (formerly the Michigan Defense Center). She talked about some of their upcoming events, including their 3x3 Pitch Competition to be held on Thursday, October 17th, Coffee and Conversation events, Founders First Friday, Unveiling CEVA on October 30th, to name a few. She reminded everyone that, while their office spaces are one hundred percent occupied and they have a wait list, they currently have co-working space available. She explained to anyone interested, they will be given one day for free to try it and see if they like it. She also talked about their entrepreneur and residents coaching they offer, including three forty-five-minute sessions. She provided details for their Incubator program starting in January, as well as their Accelerator program. She urged anyone with questions to reach out to her. Mr. Vanderpool stated that Sterling Heights has a very strong business climate, with 70,000 jobs in the City. He attributed that in part to the great efforts going on at Velocity. Mr. Vanderpool reported on FBI crime statistics released for all communities nationwide, and he showed a two-minute news report announcing the City of Regular City Council Meeting Tuesday, October 15, 2024 Page 10 Sterling Heights as the safest big city in Michigan for the sixth year in a row by the FBI, beating out Detroit, Warren, Grand Rapids, Ann Arbor, and Dearborn with the least number of violent and property crimes in 2023. Mr. Vanderpool agreed with the Mayor’s statement in the short video that this is a testament to the great work of the people in the Police Department and the community. Mr. Vanderpool gave a shout-out to Police Officer Richard Clark, who is here tonight keeping everyone safe. It is an example of how their Police Department members care about one another, the community, and even those outside of the state. He explained that Officer Clark and his daughter, who is in high school, were able to fill up a twenty-two-foot trailer with water, food, clothing, and they drove throughout the night to Ashville, North Carolina, to help all who are suffering from the recent hurricane. Mr. Vanderpool commended him and his daughter for this incredible act of kindness, and it is just one example of many who work in the City’s Police Department and want to do the right thing to always help other individuals. Mr. Vanderpool also gave a shout-out to Fire Chief Kevin Edmond for being on-scene this morning at 5 a.m. at a major fire on Beresford. It was a significant fire, and thanks to the good work of the Fire Department, the two occupants got out safely. He added that the homes located very close to the destroyed home were unharmed, and everyone was safe. He explained what was unusual about this incident is that both Fire Chief Kevin Edmond and Assistant Fire Chief Shawn Allen were on scene helping to put out the fire. He pointed out that, while fire chiefs and assistant chiefs do not typically Regular City Council Meeting Tuesday, October 15, 2024 Page 11 respond to working fires, they do in some cases. This is a great example, and he gave a shout-out to the Fire Chief. Mr. Vanderpool requested, at the conclusion of tonight's meeting, that City Council convene a closed session pursuant to Section 8(h) of the Open Meetings Act to discuss two confidential written legal opinions, and this concluded his report. 6. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda as amended, with the omission of Item H, which has been moved to Consideration Item 7-A. 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 October 1, 2024 Regular Meeting. B. To approve payment of the bills as presented: General Fund - $803,821.54, Water & Sewer Fund - $4,117,790.88, Other Funds - $7,300,996.38, Total Checks - $12,222,608.80. C. RESOLVED, to: 1. Approve the Independent Contractor Agreement between the city of Sterling Heights and John Marchewitz, for the period October 15, 2024 through October 14, 2026, with an option for the City Manager to renew the term upon mutual consent and on the same terms and conditions; and, 2. Authorize the City Manager to sign the Agreement on behalf of the City. D. RESOLVED, to approve State Trunkline Maintenance Contract #2024-0407 and Letter of Understanding for the maintenance of Van Dyke (M-53) and Hall Road (M-59), designate Public Works Director Michael Moore as Maintenance Superintendent, and authorize the City Manager Mark Vanderpool to sign all documents required in conjunction with this approval on behalf of the City. E. RESOLVED, to approve the grant agreement, inclusive of indemnification, between the city of Sterling Heights and the Michigan Economic Development Corporation for a Redevelopment Ready Communities technical assistance grant and authorize the City Manager to execute the Agreement on behalf of the City. Regular City Council Meeting Tuesday, October 15, 2024 Page 12 F. RESOLVED, to award the bid for demolition services at 37370 Utica Road to Peterson Brothers, LLP, 16316 Curtis Street, Roseville, MI 48066, in the amount of $19,264 and approve a budget amendment for the entire amount to use American Rescue Plan Act Fund balance. G. RESOLVED, to award the bid for police vehicle upfitting to Canfield Equipment Service, Inc., 21533 Mound Road, Warren, MI 48091, at unit pricing bid for a three (3) year period and authorize the City Manager to extend the bid term two (2) additional one (1) year terms upon mutual consent. H. This item was moved to Consideration Item 7-A. I. RESOLVED, to award the bid for a natural gas generator and automatic transfer switch to American Generators Sale & Service, LLC, 6158 Delfield Industrial Drive, Waterford Township, MI 48329, at a cumulative cost of $112,935.90 and authorize a budget amendment to use Capital Fund reserves in the amount of $37,935.90. J. RESOLVED, to split the award of the bid for water service parts to the following vendors at the respective unit prices bid by category for the period October 16, 2024 to October 15, 2025: 1. Etna Supply, LLC, 4901 Clay Ave SW, Grand Rapids, MI 49548, for bid categories: A. Soft Copper Pipe; and, G. Stop Boxes. 2. Ferguson Enterprises, LLC, d/b/a Ferguson Waterworks, 24425 Schoenherr Road, Warren, MI 48089, for bid categories: B. Repair Clamps CI; C. Repair Clamps AC; D. Service Saddles; E. Curbs NL; F. Corps NL; and, H. Other. K. RESOLVED, to purchase thirty (30) KeySecure® and four (4) KeyDefender® master key control boxes, accessories, and software management services from Knox Company, 1601 West Deer Valley Road, Phoenix, AZ 85027, at a cumulative cost of $39,361, with annual fees for recurring software management services, and authorize the City Manager to sign all required documentation on behalf of the City. L. RESOLVED, to set a public hearing on Wednesday, November 6th, 2024 at 7:00 p.m. regarding the application by Vanguard Cranberry, LLC, for a single-family residential Planned Unit Development, known as Cranberry Estates, on approximately 4.88 acres of land situated on the west side of Saal Road, north of Clinton River Road; PPUD24-0003. Regular City Council Meeting Tuesday, October 15, 2024 Page 13 M. RESOLVED, to adopt the resolution designating the month of October annually as National Breast Cancer Awareness Month in the city of Sterling Heights. N. RESOLVED, to adopt the resolution designating the month of October annually as Filipino American History Month in the city of Sterling Heights. Yes: All. The motion carried (7/0). 7. CONSIDERATION A. Mayor Taylor stated this was previously Consent Agenda Item 6-H, which is to award a bid for M-59 Fence Replacement, City Project #23-422 (Estimated cost of $2,087,031). He invited City Engineer Brent Bashaw to give a presentation. City Engineer Brent Bashaw explained this was brought forth as an infrastructure improvement to a 1.3-mile stretch of Dobry Road, from the city limits at the east side near Utica Road and extend west approximately one-quarter mile east of Ryan Road. He showed pictures of the existing fence, noting its dilapidated condition, and over the years, the fence posts have become bent or missing, and the chain link portion has become damaged. The location of the fence makes it easy to be damaged by vehicles, snowplows, and landscaping equipment. The existing fence is also problematic because sections line the concrete barrier, and weed growth is difficult to maintain and address. The fence also acts as a garbage collector, which is unsafe as a clean-up location. The fence has lost its effectiveness in many areas, leading to unsafe conditions. The proposed project was designed to remove the entire existing fence and install an infrastructure barrier wall. The system would mount directly to the wall with side mounts and would follow the current standards. He stressed the benefits of the new system, Regular City Council Meeting Tuesday, October 15, 2024 Page 14 including safety and functionality. It will be safer for maintenance, keeping operations away from moving traffic. The mounting system will achieve a longer lifespan and will not lead to garbage collecting points. The new location will provide for better green infrastructure, and improve lines of vision with landscaped greenbelts, including planting mature trees. It will provide additional opportunities for green infrastructure as well. He showed a picture of the location of the barrier wall, and he informed that this project also includes welcome signage at the Mound Road intersection. A larger Sterling Heights logo will be visible to M-59 traffic. Approximately 150,000 vehicles per day traverse this area, and they will be able to view the signage and the improvements. Mr. Bashaw explained that three bids were received; however, the low bidder was not qualified, which is a condition of the permit for this scope of work for MDOT. The recommendation is therefore being made to award the project to Z Contractors. The two low bids were close in range and keeping the cost competitive and accurate. The project will be funded in the amount of $628,000 from Capital Projects Fund, with the remainder funded through ARPA. He explained the proposed project is part of a multi-year plan to enhance this very visible and important corridor. He noted the $220 million investment in Mound Road is nearing completion, including landscaping improvements at Dobry Road, and roadway improvements, including the new pavement, color-stamped crosswalks, mast arm signalization, and pedestrian crossing signals. Private development at the corner of Mound Road and Dobry Road is in the planning Regular City Council Meeting Tuesday, October 15, 2024 Page 15 stage, with an investment of $15 million to $20 million, at the Forum of Gateway Shopping Center. This plan will include new buildings as well as new public spaces. A $3 million project to construct a 2.6-mile trail will begin in 2025 as well, and that will connect multiple communities, points of destination, points of origination, and will connect to the Iron Belle Trail. That project will also address the pavement condition in 2025 and 2027. He concluded that City Administration feels this is a good project in light of the large multi-year investment in this highly visible area, and their recommendation is for approval of this project. He offered to answer questions. Mayor Taylor opened the floor for comments from the audience, but no one spoke. Moved by Ziarko, seconded by Sierawski, RESOLVED, to: 1. Award the bid for M-59 Fence Replacement, City Project #23-422 to Z Contractors Inc., 50500 Design Lane, Shelby Township, MI 48315, in the amount of $2,087,031; 2. Approve a budget amendment to transfer $628,000 from the capital projects fund to the American rescue plan act fund and a budget amendment from the American rescue plan act fund for the remaining cost of the project, allocating interest revenue earned on A R PA funds toward the project; and, 3. Adopt the resolution approving Contract #22-5538 between the city of Sterling Heights and Michigan Department of Transportation for the installation, operation, and maintenance of the parapet railing system and removal of existing right of way fence between M-59 and Dobry Drive, from Marigold Drive to Utica Drive, and authorize the Mayor and City Clerk to sign the contract on behalf of the City. Councilwoman Ziarko questioned there is an existing safety concern with the current fence because it looks like a mess. Mr. Bashaw replied to inquiry there are posts missing, there are gaps in the chain link fence, and the top of the chain link fence is sagging. Regular City Council Meeting Tuesday, October 15, 2024 Page 16 Councilwoman Ziarko questioned the approximate age of the existing fence. Mr. Bashaw believed it was built when the wall was constructed, possibly in the early to mid-1990s. Mayor Pro-Tem Sierawski drives that stretch of road every day to Clarkston, and she is concerned that the current standards are most likely for regular cars with internal combustion engines; however, she questioned the projection for the standards to change for crashes, especially overpasses and railings, for the heavier electric vehicles (EVs). Mr. Bashaw stated he does not have that information, and he is not sure the fences are designed as much for vehicles as they are to provide a barrier for keeping animals and other debris out. Mayor Pro-Tem Sierawski expressed concern as to when requirements and standards may start changing. She has seen some of the crash tests shown with EVs that weigh an additional 2,000 pounds, and guardrails are unable to stop them. Mr. Bashaw stated he does not know that information, but he assured he can research it, especially for guardrails, and get back to her. Councilman Radtke stated he has many questions about this project. He questioned why MDOT is not responsible for this fence because it protects their roadway. Regular City Council Meeting Tuesday, October 15, 2024 Page 17 Mr. Bashaw replied MDOT does not have any problem with the existing fence. They were asked to be part of the project, but they indicated they are not interested. Councilman Radtke pointed out they may spend $2 million of residents’ money and the state will not contribute. He questioned how much it would cost to replace the broken sections only with what is currently there if they did not beautify it. Mr. Bashaw explained they would not do that because that is not the standard of how the fences are constructed today. He pointed out that they would have the same problems they currently have if they only fixed it or replace it in the same location. They would still have the trash collection areas since it is so close to the roadway. They would still have the issue with the weeds behind it. Councilman Radtke acknowledged that they would still have some of the same issues, but he questioned how they know that this is worth the cost. He commented that $2 million is a lot of money and could fund a lot of sidewalks, trees, or improvements other than a black fence along a roadway no one wants to look at. He added it does not seem like a smart investment for the residents of Sterling Heights. Mr. Bashaw explained they came up with a design, determining what they could do. They produced the standard design they have been using on their bridges on Mound Road, Clinton River Road, and Schoenherr. They are no longer using a fence-type system because of all of the problems that arise. Regular City Council Meeting Tuesday, October 15, 2024 Page 18 Mr. Vanderpool emphasized that they would never recommend that the fence be replaced in its current form, because it is unsafe. They have had complaints from businesses in that area that are investing millions of dollars in their properties, and they feel the City should maintain the same standard that they as businesses are expected to maintain. The current fence is not the type of design that they currently build in the City, and he pointed out all of the roadway improvements over bridges, along corridors, and over drains. It is not an option to replace the fence with the existing design. He pointed out another question would be whether they could downgrade the fencing on the MDOT wall with galvanized steel that is not black vinyl coated. He suspected they may be able to save a couple hundred thousand dollars if they want a downgraded design on the wall. He clarified what is being recommended is the best practice. Councilman Radtke explained he has a problem with the fact that MDOT’s engineers, who are experts on freeways, are not recommending the change. He does not understand why the City should then recommend the change. He questioned whether other communities are participating in this project, and whether the City is doing this on both sides of M-59, even though the north side is out of the City’s authority. Mr. Bashaw replied to inquiry that they are only proposing this for Sterling Heights. Councilman Radtke commented that if the north side of M-59 remains as it is now, this project will be doing nothing other than beautifying the Sterling Heights side of the street. He added that M-59 is the ugliest road in the City, and he could not Regular City Council Meeting Tuesday, October 15, 2024 Page 19 see any amount of black vinyl coated fencing improving a roadway intended to be a freeway for thousands of cars through this community. He is opposed to using ARPA funds for this and pointed out that money could be used for any number of projects, such as installing a sidewalk along 17 Mile Road, between Van Dyke and Mound. He stressed this is MDOT’s roadway, and if people do not like it, they can call MDOT to complain. He could not see spending $1.4 million of ARPA funds for this, and he will be voting against this because he felt it is a waste of money. Councilwoman Koski questioned whether she understands correctly that MDOT does not want to participate in paying for the cost of this, and they do not feel it is urgent and needs to be done. Mr. Bashaw confirmed that MDOT does not want to participate in this project. Councilwoman Koski questioned why the City is taking this on, and who requested it. She understands they are putting in ten-foot-wide walkway from Ryan Road up to Dodge Park Trail. She questioned why they have decided to replace this fencing now, and whether it is strictly for looks or whether someone complained. Mr. Bashaw replied to inquiry that the fence is in dilapidated condition and is something the City would not allow anyone else to have based on code enforcement. It is in very poor condition, it is not safe and is a hazard to maintain. He added it collects trash, and for all of these reasons, they are proposing this project. Councilwoman Koski understood they are paying for this with $628,000 from their Capital Projects Fund, along with interest they made from the ARPA funds. She Regular City Council Meeting Tuesday, October 15, 2024 Page 20 questioned whether it is interest only from the ARPA funds, or whether they would be using some of the original ARPA funding for this project. Mr. Bashaw replied they have a significant amount of interest from ARPA funds. He believes the interest is just over $1 million, and the remainder would be ARPA funds. Councilwoman Koski questioned whether this is urgent, or whether it could be put off to a later date. Mr. Bashaw clarified that the current fencing is not in good condition, and it is not safe. It is something they felt they should now be addressing. Councilwoman Koski questioned whether it is because it looks bad, or whether it is actually a safety hazard. Mr. Bashaw explained it is not in good condition, there are gaps in the fencing, missing chain link, the chain link at the top of the fence has no support, so it is a safety hazard. Councilwoman Koski questioned whether this keeps cars from going over the edge. Mr. Bashaw replied the fence is there for numerous reasons, including keeping people and animals from the freeway area, and for any other safety issues the fence is supposed to prevent. Mr. Vanderpool clarified that $628,000 would come from the Capital budget, $1,038,275 from ARPA interest earnings, which has not been allocated to date, and $420,756 of reallocated ARPA funding. He reminded Council that, of the nearly Regular City Council Meeting Tuesday, October 15, 2024 Page 21 $20 million of ARPA funding received, those funds must be allocated by year end, or they will lose the ARPA funding. They have been working on this project for nearly three years, and this has been a very involved process. He explained the fencing is not for vehicles, but it is to stop animals and other creatures from bounding over into M-59 and creating a safety hazard to trucks and vehicles along that freeway. They seek grant funding for projects such as this, and they have been highly successful. They have an opportunity to use what is, in essence, grant funding to make a significant improvement in this area. He pointed out the current condition of this fence would not be accepted under the City’s Building Code, and the City would be cited for this condition. He added it is unfortunate that MDOT does not share their interest in this. He recalled when MDOT used to maintain M-59, and about twenty-five to thirty years ago, the weeds were waist- high in the median along M-59. Businesses along M-59, stretching from Utica to I- 94, were complaining, and it was a mess, but MDOT would not do anything about it. It was not acceptable for Sterling Heights, and the City took over maintenance. He pointed out that the City still maintains the median of M-59 from Utica all the way east to I-94. He pointed out the standard they have for M-59 that has created an enormous return on investment. He pointed out the private investment going into this corridor, and to have public property that does not meet the City’s minimum standards is not acceptable. They have grant funding so they can fund this, and they have been spending over two years on this project with MDOT in designing this. They can now move forward to improve this area. Regular City Council Meeting Tuesday, October 15, 2024 Page 22 Councilwoman Schmidt commented the fencing always looked like temporary fencing to her. She noted that ARPA funds have to be allocated by the end of the year, although most of this is being funded by interest generated from those ARPA funds. She questioned whether that interest is included with what needs to be allocated by the end of the year. Mr. Vanderpool replied to inquiry that technically, the interest earnings do not have the restriction that the regular ARPA funding has, so the $420,756 of reallocated ARPA funding must be spent by year-end. They likely have more flexibility on the interest earnings. If City Council is uncomfortable using the interest earnings and they would like to reserve it for another project, that portion could be funded through their Major and Local Road fund. He emphasized that the project must be done because it is not acceptable in its current state. He pointed out that ARPA funds have been used on other infrastructure projects, such as Plumbrook, which is a $5 million project that they were able to fund with ARPA funding, including the bike lanes. Councilwoman Schmidt stated she has no objection to using the earned interest from the ARPA funds for this project. Part of the intent of ARPA funding was for infrastructure improvements, and that is what this project is. Councilman Yanez stated he agrees with Councilman Radtke with regards to the concern about MDOT not chipping in and keeping up with their own roadway. He felt they should care about the neighborhoods as much as the residents do, and unfortunately, they do not. He agreed with Councilwoman Schmidt that it looks Regular City Council Meeting Tuesday, October 15, 2024 Page 23 like a temporary fence, with a trashy appearance. He recalled Mr. Vanderpool’s earlier report about Sterling Heights being designated by the FBI as the safest large city in the State of Michigan, and he attributed a lot of that to the quality of the neighborhoods. Even though this neighborhood has a mixture of apartments, businesses, and condominiums, it is still a part of Sterling Heights. It may still remain unattractive on the north side of the freeway, but he emphasized at least the portion within the City of Sterling Heights will look good. He has no problem going forward with this project and using ARPA funding. He felt this is long overdue and needs to be done, and he is in full support of it. Councilwoman Ziarko agreed with Councilman Yanez that the City has a responsibility to their residents, visitors who drive through, and the businesses in the area. She estimated the existing fence lasted about thirty years, and if the new fence costs a little more than $2 million, that equates to about $67,000 a year. She cannot see why the City would not go forward with this improvement. Mayor Taylor stated he is in support of this project. He understands the comments made by Councilman Radtke, and he agrees that it is a lot of money for fencing; however, he noted it is a significant amount of linear footage that needs to be replaced. He commented that earlier this summer, he rode his bike along the service drive on the Shelby Township side, crossing over to Dobry. He noted the bridge over M-59 from the north side, heading to the movie theater, has no pedestrian fencing but only a three-foot barrier. He questioned whether there will be fencing along that portion. Regular City Council Meeting Tuesday, October 15, 2024 Page 24 Mr. Bashaw clarified that the fencing will be on the south retaining wall, extending to where it ends just east of Ryan. He stated there will be no fencing on the overpass. Mayor Taylor stated he likes the design of the Sterling Heights logo and questioned who put the design together. Mr. Bashaw explained that was designed by an architect, with several Sterling Heights logos creating the shape. He replied to further inquiry that, traveling north on Mound Road, it will be at the location of the intersection. From the freeway, motorists will see the logo. Mayor Taylor commented that the condition of the fence and that entire area is unacceptable. He agreed this is a lot of money, but he also agreed with many of his other colleagues that the existing condition is not an acceptable way of presenting their City. He felt the residents, business owners, and motorists who drive through the City deserve more. Every public space should be well- maintained and held to the highest standard possible, and they should not be choosing a certain area of the City to “let it go.” He stated he is in favor of this. Councilman Radtke commented that this is adjacent to a freeway so it will never be aesthetically pleasing. He felt if they are going to go forward with this, the money should come from the Major Road fund rather than the ARPA funds. He added that they are robbing their residents of ARPA money for a project that should come out of the Major Road fund. He also felt they should postpone this project and send a resolution to MDOT, asking them to fix the roadway and do Regular City Council Meeting Tuesday, October 15, 2024 Page 25 their part to beautify this community. He could not see how this is acceptable because it is MDOT’s roadway, yet the City is going to spend $2 million of the taxpayer’s money to fix the State’s roadway. He pointed out they can reallocate the ARPA funding today for any number of projects, so there is no time crunch because they have until the end of the year. They could commit the ARPA funding to Red Run Park tonight, and that would justify the allocation commitment for the State. He stated he will be voting no on this, and he commented that M-59 is an ugly, polluting roadway that should be ripped out, although he admitted that will never happen, so instead, they will be spending $2 million to make this a little “less ugly.” Mayor Pro-Tem Sierawski respectfully disagreed with Councilman Radtke. She explained she has traveled all over the State for her job, and now travels forty-five minutes each way on I-75, going through Auburn Hills. She pointed out that they have a beautiful sign, and she loves seeing that sign, adding she is confident that the State of Michigan did not pay for that sign. She cited some of the other attractive improvements along highways, and she did not feel that the State of Michigan always looks at fencing as infrastructure. She does not believe fencing is outside of the City’s purview, and she felt the proposed fencing is very nice. She agreed it is very expensive, but as Councilwoman Ziarko mentioned, it has a value over the life of the fence. She agreed that the residents and businesses in that area deserve to have a beautiful area as well. The roadway is loud and noisy, but it is functional. It is not something that can be thrown away, so fixing it and making it Regular City Council Meeting Tuesday, October 15, 2024 Page 26 not only functional and safe but attractive is important. She pointed out it will keep not only small animals from running onto the freeway, but it will also keep large animals such as deer away from the freeway. She does not feel this is misusing their public funds, but it will make it beautiful, functional, and safe. She stated she is in favor of this proposal. Mayor Taylor does not know why MDOT refused to participate, but it does not surprise him. He felt MDOT is working under severely limited budgets. They concentrate on road infrastructure, concrete and asphalt replacement, and bridge replacements, so he does not believe they see this fence replacement as a high priority. He does not blame them for that, because they are singularly focused on transportation. That is certainly a priority of the City as well, and the City has done millions of dollars of road improvements over the last ten years, so they are also doing a lot of work in this area. He commented that the City Council can also prioritize and make the City look good and prioritize the experience their residents have, knowing it is not just about getting from one place to another, but it is about having pride in their community and a beautiful place to live. They should be met with a welcoming atmosphere, and not what is currently located at M-59 and Mound. He emphasized it is unacceptable, and it does not meet the standards of the City of Sterling Heights. Moved by Radtke, to amend the motion on the floor to reallocate the money from the ARPA funds to the Major Roads fund. Motion failed for lack of support. Regular City Council Meeting Tuesday, October 15, 2024 Page 27 Mayor Taylor stated they will be voting on the original motion to approve this proposal. Yes: All but Councilman Radtke. The motion carried (6/1). 8. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Jim Bauer – referred to the two projects, submitted by CCF Development, to be located along Van Dyke, north of Riverland, which were addressed at a City Council meeting about two-and-a-half months ago; expressed his concern that the City violated Article 16, Paragraph F of the Zoning Ordinance; he would like some type of feedback on the basis for their decision; he understood that Council would get an opinion from the City Attorney, but he is concerned that, since Mr. Kaszubski is contracted by the City, his providing an opinion may be a conflict of interest; he knows there are a lot of people waiting to hear this opinion, so he hopes they can provide him with some documentation he can look at; he added that if the City cannot come up with documentation showing they did not break any laws, they should rescind their motions for approval; he hoped they can get closure on this issue. • Yvonne Kniaz – talked about the Sterling Heights Nature Preserve, noting she searched for it on the internet, and she read her findings to the Mayor and Council, which does not reflect what is actually there; expressed concern that when they put in asphalt trails and lookout points, they will have to spray for mosquitoes, and that will alter the ecosystem; talked about trees that were taken down along the ITC Corridor, yet taxpayers are being asked to approve a millage for more trees; would like to see ARPA funds used for sidewalks and trees; talked about the millage and if the items are important to the City, they should be able to find money in the budget for them. • Steve Bilan – resident on Kinley Drive; noted sidewalks are being repaired in his neighborhood, and he commended the City for the program; talked about the extensive roots they pulled out, but they did not cut them to grade level, so it is about three inches taller; complained that the grade does not match, and questioned whether the City has anyone from Engineering come out and look at the work once it is done to determine whether or not it is acceptable. Regular City Council Meeting Tuesday, October 15, 2024 Page 28 Mayor Taylor thanked Mr. Bilan for expressing his concerns, and he assured they will ask Mr. Vanderpool to respond during his report. • Lisa, of Protective Parents of Michigan – indicated Council approved a resolution last year on behalf of their group, and she thanked them for their annual acknowledgement of this cause; she provided information on their group, which helps those affected by domestic violence; she emphasized that everyone needs to be aware of what happens in Family Court to keep their children safe, because when women choose to leave their abusive situations, abuse often escalates and follows them and their children into the Family Court system; post-separation abuse in Family Courts puts the children in harm’s way because abusive parents are more likely to seek sole custody and are successful seventy percent of the time; she lost three of her four children seven years ago, noting she was protecting her children but did not have enough money for proper support; talked about their group’s efforts to bring Kayden’s law to Michigan, and she provided information about Kayden’s law. 9. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Mr. Vanderpool addressed the citizen’s comments about the Nature Preserve, which is approximately eighty acres in the northwest quadrant of the City, and he explained the material she referenced was from the original grant application, approved by the Department of Natural Resources in the 1990’s. He stated the challenge for the community is that through that grant application, the idea was always to provide access to the Nature Preserve, but not to commercialize it. He assured there are no plans to commercialize it, but the idea is to put in natural pathways, which was always envisioned by the application and the grant that was awarded to the City of Sterling Heights. The City built a parking lot and restrooms that never opened because access was never completed. He reiterated they never intended to put in stone, asphalt, or concrete walkways, but only natural Regular City Council Meeting Tuesday, October 15, 2024 Page 29 walkways, so that even those with mobility issues can access this incredible treasure. Mr. Vanderpool stated they have received very good feedback on the ITC Corridor Trail, now called Lakeside Legacy Trail. He indicated some residents have requested lateral connections from the other side of the corridor so those residents can access the trail, and they have made an accommodation for that. The trailway going through a wooded area was already an open area that the trail followed. There have been some residents who have expressed concern, and the City has met with them at their homes. They have made landscape accommodations and added heavy landscape screening in some areas. He emphasized there is a lot of empirical data that shows home values increase when homes are located close to parks and trailways. That feature is often advertised when a home is for sale near a park or a trail. Mr. Vanderpool assured they will go out and look at the home of the resident who expressed concern about his sidewalk, and if there is a problem, they will make sure it is addressed. Councilwoman Schmidt questioned Mr. Vanderpool as to whether they can get an update from Public Works Commissioner Candice Miller about the 15 Mile Road sewer project. The residents and schools in that area have had to put up with the odor for more than fifteen years, and she would like to know when they can anticipate that will be completed. She thanked Lisa for coming tonight, and she stated her daughter, who works at the Underground Railroad in Saginaw, is in Regular City Council Meeting Tuesday, October 15, 2024 Page 30 charge of non-custodial court-ordered visitation. She supervises those and also safety exchanges. Councilwoman Schmidt stressed how much this is needed in every community because it is everywhere. She commended Lisa and her bravery for coming here to tell her story, and she agreed the public needs to be more aware of this and that there are safe spaces for a lot of men and women. Councilwoman Schmidt reminded everyone that Sterling Frights takes place on Saturday at Dodge Park from 10 a.m. to 1 p.m., and the Upton House will also be open for tours. They will be collecting canned goods, and there will be a lot of activities for everyone to enjoy. Mayor Pro-Tem Sierawski echoed Councilwoman Schmidt’s reminder about Sterling Frights, and she invited her colleagues to join her this year in passing out candy at that event. She emphasized it is a good time for everyone, and she urged residents to attend. Councilman Radtke agreed that Sterling Frights is a great event, and he has passed out candy several years in a row. He stated that this is the last meeting before the election, and he urged them to read their information about the upcoming millage. He hopes they will see the benefits and join him in voting to support it. He read that the City of Utica approved two more marijuana licenses in their community. He recalled when they had the conversation about marijuana licensing in Sterling Heights, they were told they would be periodically updated. Without objection, he would like the City Manager and City Attorney to prepare a report for their agenda packet within ninety days to update the Mayor and Council Regular City Council Meeting Tuesday, October 15, 2024 Page 31 as to updates in the law, the value of licenses, and where the market is on marijuana. He commented that if the City of Utica is having no issues with it and is approving licenses, he is curious as to how it is working. Mayor Pro-Tem Sierawski stated that, to provide some insight, she knows the mayor of Utica quite well, and she understands they have had a lot of issues. These were the last two licenses their City Council approved so they had to issue them, but they have had a lot of issues. Mayor Taylor questioned whether Councilman Radtke is only requesting a basic update rather than a comprehensive report. Councilman Radtke replied affirmatively. Mayor Taylor questioned whether Mr. Kaszubski understands the scope of the request, and whether ninety days is a reasonable time in which to complete the report. Mr. Kaszubski stated that some of the issues brought up, such as the value of licenses, may be difficult to determine. Councilman Radtke recalled that Utica received a half million dollars per license as tax revenue. Mr. Kaszubski questioned whether Councilman Radtke is looking for revenue sharing per license, and indicated he can find that out relatively easy. He can provide an update on the amount of licenses and locations around Sterling Heights. Regular City Council Meeting Tuesday, October 15, 2024 Page 32 Councilman Radtke requested that he communicate with Utica and Warren to ask them about issues they have had around the licensed areas, and if there are any added costs or surprises that it did not cost what they thought. Mayor Taylor questioned whether anyone has any objections to those requests. Councilwoman Ziarko stated she did not approve the study when it was originally brought up, and she is not going to vote for it now. She felt it is a waste of employee time and taxpayer’s dollars to do this, when it was something they decided was not necessary in the City. Mayor Pro-Tem Sierawski felt that the study would also need to look at not only the monetary return on licenses, but also the cost to the city regarding overhead and lawsuits. She stated she has a lot of concerns about that. Mayor Taylor recalled those costs were mentioned in the original study. Mayor Pro-Tem Sierawski acknowledged there was an original study, but there have been additional costs to other cities since that original study. Councilwoman Koski did not feel an update is necessary at this time, because they had decided it was not something they were interested in pursuing. Councilwoman Schmidt agreed with her colleagues who are not in favor of this. She emphasized she has no interest in any of the information, so she objected to the request. Mayor Taylor stated it appears that they have four objections. Mayor Pro-Tem Sierawski clarified that she is not objecting, but she has concerns, and she anticipates the study will confirm that those concerns are valid. Regular City Council Meeting Tuesday, October 15, 2024 Page 33 Councilman Radtke clarified that he is only seeking an update to a study that has already been done. He recalled that every couple of years, they were going to reinvestigate the market. There have since been changes to the law and changes to the cost and value, and that is the information in which he is interested. Councilman Yanez stated that he has no objections to requesting an update on the previous report. Mayor Pro-Tem Sierawski stated that, while she has no objection to requesting an update of the report, she would expect the report will prove the information she has, and that it will reflect an update on the costs as well as the revenue. Mr. Kaszubski stated he has now lost his direction on this update. Mayor Pro-Tem Sierawski clarified that she is not objecting. Mayor Taylor stated he is not objecting, nor is Councilman Yanez, Councilman Radtke, and Mayor Pro-Tem Sierawski, so they have four in favor. Mr. Kaszubski requested clarification on the direction. Mayor Taylor stated that Councilman Radtke is asking for an update on the value of a marijuana license is to the City, based on the revenue shared from the State of Michigan to the cities that opted in and have licenses. Councilman Radtke stated he is also curious as to the changes in the law since the last report was prepared, and he would like the surrounding communities to be asked as to what they feel about it and any issues they have had. Mayor Taylor stated the request includes any updates to the law and whether there has been any precedent that has interpreted the statute or act that impacts Regular City Council Meeting Tuesday, October 15, 2024 Page 34 the results of the study that was already conducted. That information could be included. He suggested that Mr. Kaszubski talk with the City of Utica and possibly the City of Warren. He clarified Councilwoman Sierawski’s point that she would like the report to be balanced, and not only including the reasons why it is more appealing to have marijuana businesses in Sterling Heights in 2024 than it was when they previously went through this process. Councilwoman Koski stated that the Nature Preserve has been discussed a couple of times at the last couple of meetings. She explained that she was sitting on City Council when the Nature Preserve property was purchased and created. They received donations from the builders, they purchased some of the land, and they also received a grant, although she cannot recall the amount of that grant. She added that grant has been used as the reason they should put paths through it, because the grant said it can be used for recreational services, such as fishing, swimming, and hunting. She could not see how anyone could fish in that preserve because she is not aware of lakes, and she cannot see how anyone can swim in there because she is not aware of any swimming holes, and they cannot do any hunting, so that was not the reason for getting the Nature Preserve. The reason was to preserve green space, and the idea was to keep that section, which was formerly swamp land in the northwest quadrant, a natural area for the animals that were driven out of their habitat when the surrounding area was being developed. She commented that the idea of creating pathways through that was something they were not going to do, but the intent was to preserve it as it stood. Unless Regular City Council Meeting Tuesday, October 15, 2024 Page 35 Administration recommends that they start fishing, swimming, and hunting there, they should not follow what was indicated on the form letter but should stick with the reason that preserve was established. Councilwoman Ziarko stated she visited a state park in another state, and that park had a preserve. There were paths through it, but no construction was allowed within the boundaries of that preserve. She recalled that there are a certain number of years when it reaches its eco-cycle. She suggested possibly asking the Sustainability Commission to do some research as to the status in that area and possibly get EGLE (Environment, Great Lakes, and Energy) involved to make sure a walking path would do no harm to the eco-cycle. Councilman Yanez stated he, along with a couple of his colleagues from the Sustainability Commission, attended the Michigan Sustainability Conference on October 3rd and 4th, and it was the largest gathering for sustainability since they started holding these events. They covered a number of topics, but they emphasized that there are billions of dollars available in federal government programs through 2036. They listed a number of ways to make it easy for communities to get this money. He was impressed to see the number of communities joining together, with large and small communities working together to offer sustainability projects across their city borders. He would like to see Sterling Heights, since it is a larger community, work together with their neighboring communities. He thanked the residents for allowing him to attend that event. Councilman Yanez drove down Mound today, and he commended the Regular City Council Meeting Tuesday, October 15, 2024 Page 36 sustainability element of the project with the bioswales they created. It was very good work by the engineers on the design. Councilman Yanez questioned whether residents could give their recycling containers back to the City if they do not want them. Mr. Vanderpool stated they receive this question periodically and the answer is no. There is no mechanism to give it back to the City for a couple of reasons: 1) With universal curbside recycling, they want to encourage recycling; and 2) If a resident refuses to recycle, it is likely that others in their neighborhood would like a second recycling cart, so that is an option. He clarified they do not want to compromise the grant funding they received by not having true curbside recycling. Councilman Yanez questioned who owns the recycling bin. Mr. Vanderpool deferred to Mr. Kaszubski for that answer, but he added the bin is part of the overall program, and the residents pay for it through the refuse millage for the overall program. Mr. Kaszubski replied to inquiry that it is the homeowner’s can, and it is registered to that particular home address, so it is transferable to the next owner. The resident technically owns it, but it was paid for by the taxpayer money through the refuse millage. Councilman Yanez requested help in solving a problem in his condominium complex. He explained that a number of the homes have a one-car garage, but they now have two bins. A number of these residents are senior citizens who live by themselves, they generate very little waste and recycling. They do not have Regular City Council Meeting Tuesday, October 15, 2024 Page 37 sufficient room to park their car in the garage and still accommodate storage of the bins; however, the condominium bylaws do not allow outdoor storage of the bins, and the residents do not want to store them indoors. They either violate the bylaws and receive a letter of violation from their manager, or they park their car outside because they are forced to have a bin. Mr. Kaszubski noted the association can change their bylaws. Councilman Yanez stated they are not going to do that because the bylaws were in effect long before they received the bins. He is going to go with the fact that the homeowners own the bins. Councilman Yanez addressed Mr. Bauer’s question raised during Comments from Citizens, and he would like Mr. Bauer to receive the correspondence stating the City’s position on why the City was right on their decision, and why they feel Mr. Bauer is wrong. He would like to direct the City to communicate with Mr. Bauer. Mayor Taylor questioned whether Mr. Kaszubski has any thoughts on making this request possible. He stated when he previously mentioned this, Mr. Kaszubski had cautioned against making a private attorney-client privileged communication public. Mr. Kaszubski explained that he provided Council with a legal opinion in September, showing that what was happening with the CCF project was within the City’s ordinances. Since it is an attorney-client privileged communication that can only be released by a vote of the Council. He highly suggests it not be released because he does not want to set a precedent of releasing attorney-client Regular City Council Meeting Tuesday, October 15, 2024 Page 38 privileged information, and he does not feel it is an appropriate action. If Council would like him to have discussions with Mr. Bauer with respect to thoughts on something that is not this document, that may be ok. Mayor Taylor stated he has corresponded with Mr. Bauer, who has made his position well known. He added the City has made its position well-known, and they have different opinions. It is common for people to have different legal opinions, so he felt it will have to end there. Councilman Yanez stated the work being done for these projects is public, and they have held public hearings on it. It was approved by this body through the City’s ordinances, as well as approved by the State of Michigan’s EGLE, as well as FEMA, a federal department. He does not know what the secret is, adding the City allowed the Chaldean Community Foundation (CCF) to build two feet above the flood plain, according to the City’s ordinance. He does not see what is wrong with responding to Mr. Bauer’s request because he has put in the time and effort to request this information. He does not see why they should ignore this request, because the City has nothing to hide, and he is confident that what the City did was right. He felt as a taxpayer, Mr. Bauer deserves a response. He requested that, without objection, the City Attorney be directed to write Mr. Bauer a response to his concerns. Mayor Taylor recalled he was expressing the same sentiment to provide Mr. Bauer with a response, and they would be done, but he is not of the opinion that by doing so, this would be done. He believes if the City provides Mr. Bauer with an Regular City Council Meeting Tuesday, October 15, 2024 Page 39 opinion, Mr. Bauer will take it to his attorney, and they will take it to court and attempt to undo what the City has done. He pointed out if there were dozens of residents claiming the City’s action violated their own ordinance and they needed to know why, he stated it might be a different story. He clarified he is not considering Facebook a valid platform for determining the number of objections. Mayor Taylor stated he objects to Councilman Yanez’s request. Councilman Radtke emphasized that he also objects to releasing the attorney- client privileged letter, noting that Mr. Bauer has threatened litigation against the City. He could not recall the City ever handing over its opinion on litigation to the person who wants to sue the City. If the intent is to direct the City Attorney to speak with Mr. Bauer in an attempt to explain the ordinances, he does not object to that, but he is not going to authorize release of an attorney-client privileged letter. He felt that, according to Mr. Bauer’s interpretation of the City’s ordinances, no one would be able to live in the North Van Dyke Corridor, and he would interpret that everything built there would be in violation of the City’s ordinances. Councilwoman Schmidt stated she would like to see Mr. Kaszubski and Dr. Parcell meet with Mr. Bauer to go over the City’s opinion. She clarified this should not include Mr. Kaszubski’s legal advice to Council, but they could explain to Mr. Bauer the City’s ordinances. She does not know where to go if he does not accept what Mr. Kaszubski and Dr. Parcell explain to him, but she is not willing to release any confidential information from their attorney. Regular City Council Meeting Tuesday, October 15, 2024 Page 40 Councilman Yanez clarified he is not requesting that Mr. Kaszubski release confidential information, but he is only requesting that Mr. Kaszubski communicate with Mr. Bauer in a way he feels comfortable. Councilwoman Ziarko agreed that the conversation should happen, and she trusts Mr. Kaszubski that he will not jeopardize the City’s position. She stated she is opposed to going against Mr. Kaszubski’s advice, and she objects to releasing the confidential document. Mayor Pro-Tem Sierawski urged Council to be careful on how they address this request. She understands that every citizen is important, and she appreciates Mr. Bauer’s opinion and his right to that opinion. She emphasized they also need to understand there are ties when they need to agree to disagree. She stressed she does not want any legal advice released, and it is up to Mr. Kaszubski if a conversation with Mr. Bauer is something he wants to have. Councilwoman Koski stated they have an attorney-client relationship, and they pay a lot of money for their legal advice, and she is not in a position to share that information. She felt if a conversation is needed, she agreed with her colleague’s suggestion that possibly Mr. Kaszubski and Dr. Parcell meet with Mr. Bauer to answer some of his questions, but she is opposed to releasing attorney-client privileged information. Mayor Taylor stated he will not stand in the way if the Council’s position is to authorize Mr. Kaszubski to have a conversation with Mr. Bauer, but he felt a meeting in a conference room only dignifies the back-and-forth conversation that Regular City Council Meeting Tuesday, October 15, 2024 Page 41 has taken place on Facebook. He does not feel anything will be accomplished by this meeting, because they will still disagree in the end. Councilman Yanez stated that, at the recent Sustainability Conference he attended, they talked about food and how food that is no longer edible can be used for composting. On that note, he informed that from 2:30 p.m. to 3:30 p.m. on Friday, November 1st, State Senator Stephanie Chang is holding an event at the Madison Heights Public Library, where she will be taking back Halloween pumpkins that will be recycled into compost. She welcomes anyone from Sterling Heights who wants to come by and visit with her. Mayor Taylor thanked Clerk Ryska for her presentation this evening, and for all the work she and her staff will be doing. There are a number of people who work as election workers, and it is a tremendous effort, and the City has been recognized as having run very good elections, and she deserves all of the credit for that. It is the most institution they have, which is to hold free and fair elections. Councilwoman Ziarko questioned whether more election volunteers are needed. Ms. Ryska replied affirmatively, adding that they are always accepting applications for Election Inspectors. She stated that, for this election, they will staff between eight to twelve people per precinct, so if anyone is interested in being an Election Inspector, they can apply online on the City’s website at www.sterlingheights.gov/vote. Mayor Taylor stressed the importance of having free and fair elections, and he added it is unfortunate that there is too much unfounded information that Regular City Council Meeting Tuesday, October 15, 2024 Page 42 impacts peoples’ belief in the system. He commended Ms. Ryska for doing a phenomenal job of upholding it. Mayor Taylor stated he is looking forward to Sterling Frights, although he may miss it for the first time this year because of his niece’s birthday party that day. He wished everyone a safe and happy Halloween. Mayor Taylor stated that a former Sterling Heights City Council member, J. J. Buccellato, recently passed away. He served on Council in the late 1970’s and early 1980’s under Mayor Anthony Dobry. A moment of silence was held, and Mayor Taylor thanked all members of Council who have served in the past and have since passed away. 10. UNFINISHED BUSINESS There was no unfinished business. 11. NEW BUSINESS There was no new business. 12. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated are two items for Closed Session this evening. Moved by Ziarko, seconded by Schmidt, RESOLVED, to recess into closed session. Roll Call Vote: Yes: Taylor, Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski. No: None. The motion carried (7/0). The meeting recessed into Closed Session at 9:18 p.m. and Council returned from Closed Session at 10:38 p.m. Moved by Schmidt, seconded by Taylor, Sierawski, Koski, Radtke, Yanez, and Ziarko, RESOLVED, to authorize the City Attorney to enforce all rights and legal remedies available to the City in connection with Sterling Heights Area Community foundations proposed dissolution and merger. Regular City Council Meeting Tuesday, October 15, 2024 Page 43 Yes: All. The motion carried (7/0). Moved by Radtke, seconded by Taylor, RESOLVED, to authorize City Administration to pursue all available legal remedies relating to the decision of the Act 78 Civil Service Commission in the matter of Appeal of Firefighter Ken Kogelmann. Yes: All. The motion carried (7/0). 13. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (7/0). The meeting adjourned at 10:41 p.m. MELANIE D. RYSKA, City Clerk