City Council

CITY OF STERLING HEIGHTS MINUTES OF REGULAR MEETING OF CITY COUNCIL NOVEMBER 19, 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: Jeffrey Bahorski, Assistant City Manager; Marc D. Kaszubski, City Attorney; Melanie D. Ryska, City Clerk; Carol Sobosky, Recording Secretary. 4. APPROVAL OF AGENDA Moved by Koski, seconded by Ziarko, RESOLVED, to approve the agenda as presented. Yes: All. The motion carried (7/0). 5. REPORT FROM CITY MANAGER Mayor Taylor stated that Assistant City Manager Jeff Bahorski is filling in for Mr. Vanderpool this evening. Mr. Vanderpool’s father-in-law recently passed away, and the funeral is this week. He stated that Mr. Vanderpool, his wife, and their entire family are in their thoughts and prayers, and he noted that Mr. Vanderpool will be returning for the next Council meeting. Mr. Bahorski explained that Mr. Vanderpool had a number of items for his City Manager’s report that he would like to present, so they will be moved to the December 3rd meeting. He addressed a couple of community event items, including the Dodge Park Ice Rink, which is officially opening for the season on Regular City Council Meeting Tuesday, November 19, 2024 Page 2 Sunday, December 1st. The season will include many special events, including Glowstick Night, Superhero Night, Date Night, and Princess Night. He advised that residents can check the ice rink weather hotline at (586) 446-2711 for up-to-date information prior to coming to the rink. They can also obtain more information on the Sterling Heights website at www.sterlingheights.gov. Mr. Bahorski stated the 47th Annual Sterling Christmas is scheduled for Saturday, December 7th, 2024 from 5:30 p.m. to 8:30 p.m. at Dodge Park. There are a variety of family fun activities planned, including a tree lighting ceremony, holiday music and caroling, a visit with Santa, horse-drawn carriage rides, ice skating, and a trackless train for the kids. He added that attendees are encouraged to bring an ornament to add to the community tree near the Upton House, and the Historical Commission will be selling ornaments for $1 as a fundraiser. They will also be collecting canned and non-perishable boxed food items for the needy. Mr. Bahorski requested, at the conclusion of tonight’s meeting, that City Council convene a closed session pursuant to the Open Meetings Act to discuss strategy in connection with collective bargaining, and to discuss a confidential written legal opinion, and this concluded his report. 6. ORDINANCE ADOPTIONS A. Mayor Taylor stated this is to consider adoption of a City of Sterling Heights Workforce Housing Tax Exemption Ordinance providing for payment of service charges in lieu of real property taxes for the Icon Park residential housing Regular City Council Meeting Tuesday, November 19, 2024 Page 3 development located at 33143, 33111, 33079, and 33047 Mound Road and 5677, 5683, and 5705 Fourteen Mile Road. He opened the floor for public comment. • Ken Nelson – stated he was in favor of this when it was first presented, but after finding out that the proposed rents are the market value of the apartments, he is opposed to giving the tax breaks of a PILOT plus Workforce to help the developer; complained it is not going to reduce the market value of the apartments, and he does not think this should be allowed. Moved by Ziarko, seconded by Radtke, RESOLVED, to: 1. Adopt the City of Sterling Heights Workforce Housing Tax Exemption Ordinance providing for payment of service charges in lieu of real property taxes for the Icon Park residential housing development located at 33143, 33111, 33079, and 33047 Mound Road and 5677, 5683, and 5705 Fourteen Mile Road; and; 2. Approve the Municipal Services Agreement between the City of Sterling Heights and ARH Land Holdings, LLC and authorize the Mayor and City Clerk to sign the Agreement on behalf of the City. Councilwoman Ziarko stated she has no questions, but she inquired as to whether someone can explain the tax exemption portion of this to answer the resident’s concern. Senior Economic Development Advisor Luke Bonner explained that when it comes to market rents, the market rents in this particular area are lower than market rents for the new project at M-59 and Schoenherr. In order to make the project financially feasible at the lower projected rents, which then also relate to people making a certain income, they are recommending the PILOT payment be reviewed for consideration so that the overall financing still goes to support this project. He clarified that they are market rates for this area, but they are lower overall, which Regular City Council Meeting Tuesday, November 19, 2024 Page 4 would then cater to someone with a lower income, not necessarily at the affordable level, but at the workforce housing level. Councilwoman Ziarko stated she hopes the project goes through because she recalled this is the third time they have gone through this process, but when it gets to the State level, it does not end up going through. Yes: All. The motion carried (7/0). 7. CONSENT AGENDA Mayor Taylor stated this item is consideration of the Consent Agenda as presented. He opened the floor for public comments. • Jerry Sieja – questioned Consent Agenda Item 7-L, regarding the adoption of a resolution accepting the terms and conditions of a Land Acquisition Project Agreement regarding Rotary Park along the Clinton River; inquired as to how much the City is paying for this property and how many total acres this park will be when completed; acknowledged he could have read the backup for this agenda item, but he would like that answer on the record. Moved by Koski, seconded by Ziarko, RESOLVED, to approve the Consent Agenda as presented: A. To approve the minutes of the November 6, 2024 Regular Meeting. B. To approve payment of the bills as presented: General Fund - $1,000,419.18, Water & Sewer Fund - $3,568,700.46, Other Funds - $3,727,347.65, Total Checks - $8,296,467.29. C. RESOLVED, to accept the proposal by Anderson, Eckstein, & Westrick, Inc., 51301 Schoenherr Road, Shelby Township, MI 48315, to provide quality control oversight for the cleaning and televising of sanitary sewers and authorize the City Manager to sign all required documents on behalf of the City. D. RESOLVED, to: 1. Accept the proposal by Mando Construction, Inc., 75 Lafayette Street, Suite 100, Mount Clemens, MI 48043, for general construction services in connection with the renovation of restrooms situated on the lower level of City Hall in the amount of $86,588; 2. Accept the proposal by LaBelle Electrical Contractors, LLC, 241 Church Street, Mount Clemens, MI 48043, for electrical contractor services in Regular City Council Meeting Tuesday, November 19, 2024 Page 5 connection with the renovation of restrooms situated on the lower level of City Hall in the amount of $12,980; and, 3. Authorize the City Manager to sign the proposals on behalf of the City. E. RESOLVED, to accept the proposal by Xpert Lawn and Snow, Inc. for nuisance abatement work at 34321 Brookshire Drive at an estimated cost of $14,762.46. F. RESOLVED, to approve State Trunkline Maintenance Contract #2024-0407, as amended, 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. G. RESOLVED, to: 1. Split the award of the bid for Original Equipment Manufacturer (OEM) automobile and light truck parts to the following suppliers at the respective unit pricing/percentage discounts bid for a two-year period: a. Rowerdink, Inc., 6425 19 Mile Road, Sterling Heights, MI 48314, for Ford Motor Company, Stellantis, and General Motors Corporation/AC Delco parts; b. Dealer Auto Parts Sales, Inc., 12355 Wormer, Redford, MI 48239, for Ford Motor Company parts; c. Suburban Ford of Troy, 777 John R Road, Troy, MI 48083, for Ford Motor Company parts; d. Sterling Heights Dodge, 40111 Van Dyke Avenue, Sterling Heights, MI 48313, for Stellantis parts; e. Serra Chevrolet of Sterling Heights, 40445 Van Dyke Avenue, Sterling Heights, MI 48313, for General Motors Corporation/AC Delco parts; And, 2. Authorize the City Manager to extend the bid term annually upon the same terms and conditions and with the mutual consent of the respective suppliers. H. RESOLVED, to split the award of the bid for pruning of street trees between the following contractors: 1. Wonsey Tree Service, Inc., P.O. Box 1142, Alma, MI 48801, Sections 5 and 32 at unit pricing bid; and, 2. Owen Tree Service, Inc., 225 N. Lake George Road, Attica, MI 48412, Section 26 at unit pricing bid. I. RESOLVED, to: 1. Approve the renewal of software licenses with UKG Kronos Systems, LLC, d/b/a Kronos SaaShr, Inc., 3040 Route 22 West, Suite 200, Branchburg, NJ 08876, for the UKG Ready Time, UKG Ready Leave and UKG Ready Accruals Manager applications for the period of December Regular City Council Meeting Tuesday, November 19, 2024 Page 6 1, 2024 to November 30, 2025 at competitive pricing available through OMNIA Contract No. 18221 at a cumulative cost of $35,797.68; 2 Approve the renewal of software licenses with UKG Kronos Systems, LLC, d/b/a Kronos SaaShr, Inc., 3040 Route 22 West, Suite 200, Branchburg, NJ 08876, for the UKG Ready HR and UKG Ready Recruiting applications for the period of December 1, 2024 to November 30, 2025 at competitive pricing available through OMNIA Contract No. 18221 at a cumulative cost of $28,913.50; 3. Approve the renewal of software licenses with Kronos, Inc. for the UKG Telestaff Cloud applications for the period November 11, 2024 to November 10, 2025 at competitive pricing available through OMNIA Contract No. 18221 at a cost of $32,103.60; and, 4. Authorize the City Manager to sign all required documentation on behalf of the City. J. RESOLVED, to purchase the following from Stryker Sales, LLC, 21343 Network Place, Chicago, IL 60673, at competitive pricing available through Sourcewell cooperative purchasing contract no. 041823-STY: 1. Four (4) LifePak CR2 AEDs and accessories at a net cumulative cost of $8,052.96; 2. One (1) Lucas 3, v3.1 Chest Compression System and accessories at a net cumulative cost of $16,418.75; 3. Two (2) Power-PRO™ XT powered ambulance cots at a net cumulative cost of $55,805.04; and, 4. Authorize a 2024/25 budget amendment to the Capital Projects fund for the purchase of the Lucas Chest Compression System, partially offset by AFG grant proceeds. K. RESOLVED, to: 1. Purchase one (1) pair of Rotary model MCHM219 portable column lifts, inclusive of one (1) long fork lift kit and installation, from Vehicle Service Group, LLC, 2700 Lanier Drive, Madison, IN 47250, at competitive pricing available through General Services Administration (GSA) cooperative purchasing contract no. GS-07F-294AA at a cost of $24,742.58; and, 2. Authorize a budget amendment in the amount of $24,742.58 to the 2024/25 Capital Projects Fund budget to carry forward unspent funding from the prior fiscal year. L. RESOLVED, to adopt the resolution accepting the terms and conditions of a Land Acquisition Project Agreement between the Michigan Department of Natural Resources and the city of Sterling Heights in connection with the expansion of Rotary Park along the Clinton River and authorize the City Manager to sign all required documents on behalf of the City. M. RESOLVED, to schedule a special meeting of the City Council for a strategic planning session at the Sterling Heights Community Center, 40250 Dodge Regular City Council Meeting Tuesday, November 19, 2024 Page 7 Park Road, on Tuesday, January 28, 2025 at 1:00 p.m., and direct the City Clerk to post the appropriate notices in accordance with Michigan’s Open Meetings Act. Yes: All. The motion carried (7/0). Mayor Taylor addressed Mr. Sieja’s question about the resolution accepting the terms and conditions of a Land Acquisition Project Agreement in connection with the expansion of Rotary Park along the Clinton River, and he stated seventy percent of the cost will come from the State of Michigan, and thirty percent from the City of Sterling Heights. The amount of the grant from the State is $195,600, and the City’s match is $83,900. 8. CONSIDERATION A. Mayor Taylor stated this is to consider a request by ZapZone Utica Ltd. To transfer ownership of a Class C liquor license, with Sunday sales permit (AM and PM) and entertainment permit, and transfer location from 48840 Romeo Plank Road, Macomb, Michigan to 43680 Van Dyke, Sterling Heights, Michigan. He invited the petitioner to come up to the podium. Kelly Allen, appearing tonight on behalf of ZapZone Utica, explained that her client is unable to be present this evening because he is in Florida at a trade show purchasing new toys for the ZapZone. She thanked the Clerk’s Office for the help she received from them, and she believes everything is in order. She explained this has been at this location for quite some time, and they have added a bar and restaurant area, making it full-service in order to have special events and private parties, as well as having a place for the adults who do not want to ride the bumper Regular City Council Meeting Tuesday, November 19, 2024 Page 8 cars. They have a lot of safety measures in place, and they have provided all of that information to the Liquor Control Commission (LCC). She stated they are seeking the approval of City Council this evening. Mayor Taylor opened the floor for comments from the audience. • Jerry Sieja – expressed his opposition to this request and does not feel this is a good location. Moved by Radtke, seconded by Taylor, RESOLVED, that the request to transfer ownership of the 2024 Class C liquor license, with Sunday sales permit (AM and PM) and entertainment permit, from K & C Creative, LLC to ZapZone Utica Ltd., and transfer location from 48840 Romeo Plank Road, Macomb, Michigan to 43680 Van Dyke, Sterling Heights, Michigan, be considered for approval. Councilman Radtke stated he is happy to see that ZapZone continues to invest in their business. They are seeing development from what they are doing in the district. He questioned whether some of the improvements ZapZone has made are a result of the City working to improve that entire corridor. Ms. Allen replied to inquiry that she is not sure. Councilman Radtke stated when he spoke with the owners as they were unveiling a mural on the side of the building, they said they were investing int the business because they feel there is new life in the area. Ms. Allen is sure that is part of the thinking on the part of the owners. They have had this improvement in the works for some time, and they have been making other improvements as well to make this a bigger and better establishment. Councilman Radtke reiterated that he is happy to see a business investing in the corridor, so he is happy to support this. Regular City Council Meeting Tuesday, November 19, 2024 Page 9 Mayor Pro-Tem Sierawski questioned whether they have already been selling beer and wine. Ms. Allen replied to inquiry that they had no alcohol, so this is the first time. Mayor Pro-Tem Sierawski questioned the safeguards they will have to assure that children will be kept safe. Ms. Allen explained that they have implemented a wristband system. During busy times, they will have someone at the door at all times, and those who are of age will receive a bright yellow wristband that indicates they have been verified that they are over the age of twenty-one. During slow times, they will issue these wristbands in the bar/restaurant area. They have implemented an acknowledgement form to be signed by all employees, indicating if they violate any of the LCC’s rules, they will be fired. The form also describes that this is a family establishment, and children are the foremost priority. There are a lot of families and a lot of kids who come to this establishment, and this is their eighth ZapZone, so they are very aware of this. They have signage everywhere that this is a family establishment and there is zero tolerance for minors having alcohol. They have similar policies in place for intoxicated persons; however, she does not see that as being an issue because people come to these places to do their activities and leave. They will have employees manned at special events. She also clarified that not the entire premises is licensed. She pointed out there is a Ninja area for kids, so that area will not have any alcohol. There is a diagram included showing the areas licensed and the areas not licensed. The only licensed area will be the bar, Regular City Council Meeting Tuesday, November 19, 2024 Page 10 bar area, restaurant area, and the axe-throwing area. She added they have a whole protocol for the axe-throwing area. Liquor Control Commission has adopted protocols for alcohol in axe-throwing areas, and those will be followed. She explained there is no alcohol allowed in the actual axe-throwing area, so there is no drinking and throwing. Mayor Pro-Tem Sierawski questioned whether their other ZapZone locations already have liquor licenses. Ms. Allen replied to inquiry that the other ZapZone locations do not have liquor licenses. There is one in Delta Township, near Lansing, and one in Pittsfield Township that have liquor licenses. Councilwoman Schmidt questioned whether there are any issues with the temple across the street being in too close a proximity to an establishment with a liquor license. Mr. Kaszubski stated that is a good question, but he does not recall there being an issue with it. Ms. Allen explained if there is a church or school within five hundred feet from the applicant’s establishment the way the Commission measures it, which is not determined “as the crow flies,” but it is measured at right angles from the corners of the establishment. If they do not get notice, then it is not prohibited under the Liquor Code. The temple referred to by Councilwoman Schmidt would be outside of five hundred feet. Regular City Council Meeting Tuesday, November 19, 2024 Page 11 Councilwoman Schmidt recalled a different ZapZone was recently on Channel 2 news on a Saturday a couple of months ago, and they were talking about all of the improvements they were making. The improvements sound very similar to the improvements being proposed for this location. Yes: All. The motion carried (7/0). B. Mayor Taylor stated this is to consider a Second Amendment to the Development Agreement for the Verandas Planned Unit Development situated on the north side of 14 Mile Road, west of Maple Lane; PPCM-1161. He invited Assistant City Planner Shawn Keenan to give a presentation. Assistant City Planner Shawn Keenan explained that Maple Lane Holdings LLC is requesting a Second Amendment to the Development Agreement for the Verandas PUD, which would adjust the time period in which the equitable adjustment to the sewer charge to be paid for the watering of the eighteen-hole golf course fairways, greens, roughs, tees and other grassy areas after it has been reconfigured. He explained the development was approved in 2016, and the original agreement contained the equitable adjustment for the period of two years, from January 1, 2019 to December 31, 2021. This Development Agreement was first amended in 2020, revising the time period for the discount of the two- year period beginning on January 1, 2025 to December 31, 2026. This time period fits in with the developer’s new construction timeline, which was pushed back due to delays caused by the Covid-19 pandemic and market conditions. The applicant is requesting a second amendment to the two-year time period in which the water Regular City Council Meeting Tuesday, November 19, 2024 Page 12 rate discount would be applied from April 1, 2028 to October 31, 2028, and April 1, 2029 to October 31, 2029, provided that construction begins no later than November 1, 2027. He clarified this amendment is for Paragraph 18(b), and there is nothing else in the Development Agreement that would be changed by this amendment, and it is strictly related to the adjustment of the water rates. He offered to answer any questions. He added that the Office of Planning does not see any drawbacks to the request, and Mr. Dominic Moceri is also here this evening to answer any questions. Mayor Taylor opened the floor for comments from the audience. • Jerry Sieja – commented that he is “one-hundred-twenty percent behind this amendment and agreement”; commended the Moceri Corporation for their developments throughout Oakland and Macomb Counties, citing the good work they do; stated he is looking forward to this project as well, and is confident they will do a great job; thanked them for keeping the golf course open, and this will be a nice asset for Sterling Heights. Moved by Ziarko, seconded by Schmidt, RESOLVED, to approve the Second Amendment to the Development Agreement between the city of Sterling Heights and Maple Lane Holdings, LLC for the Verandas Planned Unit Development; Case No. PPCM-1161, and authorize the Mayor and City Clerk to sign the Second Amendment on behalf of the City. Councilwoman Ziarko agreed with Mr. Sieja that the Moceri family has been great partners in this community for many years, and their reputation speaks for itself. She added that, in light of the circumstances with Covid and the market condition, along with the fact they were able to keep the golf course open and accommodate leagues, especially after Sunnybrook closed. She does not have any objection to the request. Regular City Council Meeting Tuesday, November 19, 2024 Page 13 Councilman Radtke questioned the cost of this amendment. He pointed out it does not say in the agenda packet how much money the developer will be saving. Dominic Moceri, of Maple Lane Holding Company, explained that it will cost the city nothing. He clarified they are paying for the water and watering the grass, but he questioned why they would pay a sewer charge if the water is not going down the sewer. There is no cost to the City because there is no service rendered. He emphasized they are not asking for favors or discounts, but they are only asking not to be charged for a service that is not rendered. He pointed out they have something similar for the residents of Sterling Heights in a modified form. Councilman Radtke commented that in Mr. Moceri’s opinion, there is no cost to the City. He does not disagree with what Mr. Moceri is saying, but residents do pay a sewer fee. He can understand the argument, but he stressed there is a value for Mr. Moceri; otherwise, he would not be requesting this. Mr. Moceri reiterated the City has a modified program for residents for irrigation in specific months when they are not paying a sewer charge. He pointed out this is just a different formula. Councilman Radtke understands, but reiterated there is a monetary value, or it would not be requested. Mr. Moceri emphasized the monetary value is that they are clearly requesting they not pay for services that are not provided. Councilman Radtke questioned the cost if they were to provide it. Mr. Moceri stated he does not have that answer. Regular City Council Meeting Tuesday, November 19, 2024 Page 14 Mr. Keenan replied to inquiry that he would not know that amount because it would depend upon how much water would be used during the duration of the reconstruction of the golf course, how much water they would need, and he believed some of the ponds would be used for irrigation. Mr. Moceri explained the water used to fill the ponds comes from the Red Run Drain. The golf course would be continually watered from the Red Run Drain, but the ponds they will be providing for the irrigation will be using supplemental water. The water will not be connected to the irrigation system they will be paying for from the City, but it will go to the ponds and pumped out of those ponds. He explained they dug eight wells on the site but are unable to use them because of the high sulfur and natural gas component due to the landfill situated directly to the east. If they used that water and had a lighter next to it, it would result in a flame. They would prefer not to buy expensive water from the City, and they understand the concern, but they do not have the ability to use well water, and they can only pump a limited amount of water out of the Red Run Drain. This is to accentuate the ponds during the growing season only for the golf course. He does not have amount that Councilman Radtke requested because they do not know the precipitation, but he estimated it will cost between $300,000 and $500,000 for the expenditure of the water alone, and he suspected that would be nearly double with the sewer rates, but he reiterated that amount is unknown because of precipitation. Regular City Council Meeting Tuesday, November 19, 2024 Page 15 Councilman Radtke stated he is concerned because there is no monetary number in their packet, and he felt when City Council is asked to make this type of modification, there should be a value placed on it. He stressed there is obviously a value to Mr. Moceri; otherwise, he would not be requesting this. He clarified that this is no offense to Mr. Moceri, and he appreciated the business he does in Sterling Heights, but this PUD was negotiated prior to his being elected to City Council. He finds some of the requirements in the agreement are very disconcerting, including the fact that it is exempt from the City’s current Tree Replacement and Preservation Plan for landmark trees. He pointed out that the City asked the residents to pass a ballot issue to plant more trees and preserve green space, yet this is allowing a developer to exempt themselves from that requirement. He pointed out a lot has changed since 2016 when this PUD was approved, and he commented it is not fair that residents are held to a different standard than a developer. He stated that, while Mr. Moceri does excellent work, he will be voting no on this request because he felt this PUD needs to be renegotiated to include their tree program in it. He recalled working at Maple Lane Golf Course when he was in seventh grade, and he had to ride his bike in the street because there was no sidewalk on either side of Maple Lane Golf Course, yet there is still no sidewalk on either side. The City added a sidewalk on the east side of Maple Lane. He questioned when Mr. Moceri plans to add the sidewalk to link their neighborhoods so residents can walk along this stretch of Sterling Heights. Regular City Council Meeting Tuesday, November 19, 2024 Page 16 Mr. Moceri explained that the PUD offers community benefits in regard to the open space, recreation, and other activities planned for the community, as well as the variations and options of housing choices. Mr. Moceri emphasized he has a use by right to put in very linear streets, bring it before the Planning Commission, and to develop 995 homes without any variances. He pointed out the community benefits of this PUD include sidewalks that will be put in at the proper time when the community is built. To put the sidewalks in early, they would all have to be torn out because they would not line up with the curb cuts, the floodplain, and other issues. He addressed Councilman Radtke’s concern about the trees, pointing out that their development, The Vineyards, was the first development that followed the Tree Preservation Plan. He claimed it is the “poster child” of green space, trees, and the tree ordinance. He stated that, in regard to the trees at Maple Lane, ninety percent of the trees are Siberian Elms, which are past their useful life, and they are not allowed to be planted in the City anymore. He emphasized that, of the trees being removed, ninety percent of them are trees they cannot plant. He questioned why they should be preserving trees that they cannot plant because they are illegal. He clarified they have an extensive landscape plan that goes along with the PUD, and it includes street trees, perimeter trees, green areas, etc. He stressed that no one stands more for landscaping and trees than their organization. The goal is to preserve native trees that have a useful life; however, the majority of trees lining the fairways are Siberian Elms and they do not last. Mr. Moceri suggested the Council refer to Regular City Council Meeting Tuesday, November 19, 2024 Page 17 Pages 10 and 11 of the PUD booklets, and they will be able to see what can be developed by right on that property. He clarified they already have a PUD that has been approved, and they are here tonight for one item on the agenda and that is to extend the time period that they can get a differential rate for water and not pay for the sewer charge. Councilman Radtke clarified he is not impugning the developer, but he was not on Council when this agreement was signed. He has issues with the agreement as signed, and this is considered a renegotiation because they are amending the contract. He added they can amend it any way they see fit, so a discussion of the contract in general is on the agenda. Councilman Radtke assured this is not a personal issue with Mr. Moceri, but he commented if the City is going to give them hundreds of thousands of dollars in water rates, they should be required to follow the City’s tree replacement plan. Mayor Taylor did not feel there is a way to estimate the cost that the developer would have to pay for the sewer rates, because it depends on the amount of rain they would get. He explained it is hard for him to think of this as money that the City is giving to the developer when the City is providing them with no service. He emphasized that Mr. Moceri is only king not to pay for a service he is not receiving. He stated he is going to support this request, it is a good project, and it makes sense to him. He could not imagine anyone would think it is fair to pay for a service they are not receiving, so it is not fair for the City to charge sewer rates when they are not providing that service. Regular City Council Meeting Tuesday, November 19, 2024 Page 18 Yes: All but Councilman Radtke. The motion carried (6/1). C. Mayor Taylor stated this is to consider an appointment to the City of Sterling Heights Board of Ordinance Appeals II – Alternate. Moved by Schmidt, seconded by Radtke, RESOLVED, to appoint Julie Hoff- Windhorst to the Board of Ordinance Appeals II - Alternate to a term ending June 30, 2026, subject to the appointee meeting the qualifications set forth in Charter §4.03 and taking the oath of office within two weeks. Yes: All. The motion carried (7/0). 9. COMMUNICATIONS FROM CITIZENS Mayor Taylor opened the floor for public comments. • Yvonne Kniaz – talked about the temporary sign ordinance, which she assumed refers to political, real estate, and event signs; also felt the maximum square footage allowed for these signs should be adhered to; talked about trees being planted under power lines and felt those locations should be avoided because they end up having to trim huge sections of the tree to keep them away from the power lines; questioned the species of trees planted in the detention pond near 18 Mile and Hayes. • Giulio Russo – stated he has had a number of businesses in Sterling Heights over the years and felt that businesses work together with the City as partners and there should be mutual respect; expressed concern that is not happening; opposed to the City taking large trees down in their neighborhood. • Jerry Sieja – questioned what is going on with the Lakeside Mall property; commented that the former Sears building was sold in 2022; questioned how much the City of Sterling Heights and the State of Michigan has spent on this project; complained about the new Veteran’s memorial, pointing out the Sterling Heights logo is front and center, and he felt the American flag and the names of the servicemen much larger; felt this is disrespectful to the veterans; noted that Mr. Moceri donated ten acres in the area of Adams Road and Silverbell for a beautiful veteran’s memorial; emphasized that no city name and no city council members’ names should be on these memorials, but the emphasis needs to be on the veterans. 10. REPORTS FROM CITY ADMINISTRATION AND CITY COUNCIL Regular City Council Meeting Tuesday, November 19, 2024 Page 19 Mr. Bahorski stated he took a lot of notes this evening, and he assured they will be getting back to answer as many of the citizens’ questions as they can. 11. UNFINISHED BUSINESS There was no unfinished business. 12. NEW BUSINESS There was no new business. 13. CLOSED SESSION PERMITTED UNDER ACT 267 OF 1976 Mr. Kaszubski stated are two items for Closed Session this evening. Moved by Ziarko, seconded by Schmidt, RESOLVED, to recess into Closed Session. Roll Call Vote: Yes: Yanez, Ziarko, Koski, Radtke, Schmidt, Sierawski, Taylor. No: None. The motion carried (7/0). The meeting recessed into Closed Session at 7:55 p.m. and returned from Closed Session at 8:26 p.m. Moved by Sierawski, seconded by Schmidt, RESOLVED, to authorize the City Attorney to pursue all available remedies to abate the nuisance conditions and code and ordinance violations existing at 40321 Brentwood. Yes: All. The motion carried (7/0). 14. ADJOURN Moved by Ziarko, seconded by Schmidt, RESOLVED, to adjourn the meeting. Yes: All. The motion carried (7/0). The meeting adjourned at 8:28 p.m. MELANIE D. RYSKA, City Clerk