HomeMy WebLinkAbout2020-06-08
REV 6-15-20
41344
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETY-EIGHTH
REGULAR MEETING OF JUNE 8, 2020
On June 8, 2020, the above meeting was held via Zoom remote meeting
technology and was called to order by President Kathleen McIntyre at 7:00 p.m.
Councilmember Laura Toy led the meeting in the Invocation.
Roll was called with the following result: Laura Toy, Scott Bahr, Cathy White,
Brandon McCullough, Rob Donovic, Jim Jolly, and President Kathleen McIntyre.
Absent: None.
Elected and appointed officials present: Mark Taormina, Director of Planning
and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City
Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs;
Casey O’Neil, Director of Information Systems; and Dave Varga, Director of
Administrative Services.
On a motion Bahr, supported by Donovic, and unanimously
adopted, it was:
th
#155-20 RESOLVED, that the minutes of the 1,897 Regular
Meeting of Council held May 27, 2020 are approved as presented.
The President declared the resolution adopted.
Councilmember Donovic stated he would like to acknowledge all the small
businesses in the City of Livonia with today being the first day that dine-in
facilities are allowed to open under the Governor’s Executive Order. Livonia is
very fortunate to have numerous restaurants through the City and she wished
them all luck and looks forward to dining in some of Livonia’s establishments and
hopes Livonia residents can go out to their favorite restaurants this week and
enjoy some good food.
Councilmember Toy stated she was elated today at the news that the hair salons
th
would be opening on the 15 of June and wished the hairdressers good luck as
they get back to work.
41345
Minutes of the June 8, 2020 Regular Meeting
Councilmember McCullough recognized the 2,000 plus demonstrators that came
out yesterday to show their support for solidarity and thanked them for keeping
the day peaceful while sharing their message. He then mentioned that
Councilmember Donovic paired up with Mr. Dan McIver to do an incredible thing
for the 2020 graduates and asked Councilmember Donovic to speak about the
event.
Councilmember Donovic stated with Covid affecting our country and the 2020
Livonia graduation is different than past graduating classes he decided to partner
up with a local business, Dan McIver, and they ended up creating banners that
have the four different school logos on the banners and it says, “Congrats Class
of 2020”. These banners are going to be hung up by the DPW Department in
the next week or so at the corner of Farmington and Five Mile. There will be
approximately 30-32 banners that will be stretching along Five Mile and
Farmington in all directions and invited residents to come out and look at the
display. He thanked McIver, who also has a graduate this year, and thanked the
designers and the Mayor’s office and all the Council colleagues that played a role
in this and congratulated the Class of 2020 on their graduation and wished them
luck.
President McIntyre stated that she has a personal announcement that she would
like to make. She said yesterday she made two posts on her personal Facebook
page. The first was the heartbreak and the outrage that she and all decent
people felt over the death of George Floyd and our sheer belief that we must
always do better in ensuring liberty and justice for all people and all groups of
people. And she confirms her unwavering support for First Amendment Rights,
including people to protest. Early yesterday evening after having observed the
protest which Councilmember McCullough already indicated, were large, the
messages were made clear and the protests were extremely peaceful and went
exactly the way the organizers had told the City and Police Department they
would. But she did post two pictures of the crowd and made the note that the
crowd and the marchers had been peaceful and the pictures she posted were
intended to reflect the peaceful nature of them. She also remarked that the
people who carried signs that were critical of the police, and there weren’t a lot
of those signs but those signs were there, could protest knowing that the Livonia
Police Department was there to protect the protestors and ensure their safety.
And indeed, when some of the protestors moved into Five Mile Road, the police
made sure that vehicles did not enter the lane and helped and encouraged the
protestors to get back to the sidewalk. And she also made mention of the fact
that not only did the protestors know that the Livonia Police Department would
keep them all safe, they work to keep our entire community safe. She stands by
her support for First Amendment Rights, yesterday’s peaceful protestors and
certainly respect their cause and she also stands by the exception men and
women of the Livonia Police Department. She stated she will continue to pray
that love will always overcome hate and spite.
41346
Minutes of the June 8, 2020 Regular Meeting
President McIntyre then stated there is New Data on Agenda Items 5 and 6 and
there will be one X-item at the end of the Regular Agenda.
President McIntyre reminded everyone that thirty minutes are set aside for
Audience Communication at the beginning of the meeting for comments, each
person having three minutes to speak, and they will adhere to those rules and
that Councilmember White, as Parliamentarian, will monitor that. She indicated
that if everyone wishing to speak does not have a chance to speak at the
beginning of the meeting, there is another chance at the end of the meeting for
same and that comments are limited to items not on tonight’s agenda.
During Audience Communication the following residents spoke:
Amanda commented on Facebook posts and comments made.
John Hiller addressed comments made on Facebook and where to find statistics
on the Police Department.
A caller identified as “KO” addressed comments on Facebook.
Katie Rogiewicz addressed her appearance at a Council meeting regarding racist
text messages from officers and comments made on Facebook.
John addressed comments on Facebook and LPD statistics and diversity in
Livonia.
James Hooper addressed the issue of City Council Meetings being open to public
comment without the requirement of stating their name and address. He then
thanked Council for their appreciation of the Livonia Police Department and
spoke against the hurtful comments made.
Shannon addressed comments made on Facebook and campaign pages being
blocked.
Hillary Smith, one of the organizers of the protest, spoke that she was proud of
the support shown by Livonia residents and nonresidents and disappointed by
comments made on Facebook.
Andrew commented on the non-responsiveness of Council to the questions
presented.
Kristina Opalawski commented on the issue of racism and supporting police.
Wendy Heinz addressed Facebook comments made and the lack of response
from the Council.
41347
Minutes of the June 8, 2020 Regular Meeting
John addressed the allocation of funds from Livonia’s budget to the Police
Department.
A communication from the Department of Finance, dated May 1, 2020, re:
forwarding various financial statements of the City of Livonia for the month ending
January 31, 2020, was received and placed on file for the information of the
Council.
A communication from the Department of Finance, dated May 14, 2020,
re: forwarding various financial statements of the City of Livonia for the month
ending February 29, 2020, was received and placed on file for the information of
the Council.
A communication from the Department of Finance, dated May 19, 2020,
re: forwarding Retirement System Annual Report – Fiscal Year 2019, was
received and placed on file for the information of the Council.
On a motion by Jolly, supported by White, it was:
#156-20 RESOLVED, that having considered a communication from
Davide Piccirilli, dated April 28, 2020, wherein it is requested that Council
Resolution No. 44-20, adopted on February 24, 2020, be amended to
change the date of the requested noise ordinance waiver, due to the
COVID-19 pandemic, to host a graduation party from Friday, June 19,
2020 to Friday, July 31, 2020, the Council does hereby amend and revise
Council Resolution No. 44-20, so as to read as follows:
#44-20 RESOLVED, that having considered a communication
from Davide Piccirilli, dated January 23, 2020, which request
permission to waive Section 8.32.070 (Noise Control) of the Livonia
Code of Ordinances, as amended, in order to host a graduation
party, with music to end at midnight, at his home located at 18891
Aspen Drive, scheduled for Friday, July 31, 2020, the Council does
hereby determine to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances until midnight in connection with this
event to be held on Friday, July 31, 2020.
#157-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 13, 2020, which bears
41348
Minutes of the June 8, 2020 Regular Meeting
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, the Council
does hereby accept the quote of Nagle Paving Company, 36780 Amrhein,
Livonia, Michigan 48150, for performing all work required in connection
with the Senior Center Parking Lot Improvement Project, as part of the
City’s long-term program to fix safety issues in existing parking lots
utilizing the unit pricing established in Contract 20-A, pursuant to Council
Resolution No. 101-20, adopted on March 23, 2020, with Nagle Paving
Company, in an amount not to exceed $50,000.00, based on the
Engineering Division’s estimate of units involved, and subject to a final
payment based upon the actual units completed in accordance with the
unit prices accepted herein; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $50,000.00 from
funds already budgeted in Account No. 401-000-971-000 for this purpose;
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended; and the
City Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary but this authorization does not entitle the
City Engineer to authorize any increase in the not to exceed amount or to
contract with other parties, and the Mayor and City Clerk are hereby
authorized to execute a contract, subject to approval as to form and
substance by the Department of Law, for and on behalf of the City of
Livonia with Nagle Paving Company, and to do all other things necessary
or incidental to the full performance of this resolution.
#158-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 13, 2020, submitted
pursuant to Council Resolution No. 365-16, which bears the signature of
the Director of Finance, is approved by the Director of Public Works,
approved as to form by the City Attorney, and is approved for submission
by the Mayor, to which is attached a proposed amendment to the
Engineering contract between the City of Livonia and OHM Advisors,
34000 Plymouth Road, Livonia, Michigan 48150 for the 2020/2021
Schoolcraft Road 48” Water Transmission Main Project (Middlebelt Road
to Beech Daly Road), the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the attached
contract amendment between the City of Livonia and OHM Advisors,
34000 Plymouth Road, Livonia, Michigan 48150, to provide construction
engineering services for the 2020/2021 Schoolcraft Road 48” Water
Transmission Main Project (Middlebelt Road to Beech Daly Road) in an
amount not to exceed $200,000.00, said amount being based on the
preliminary construction cost estimates and subject to adjustment based
on the actual bids; FURTHER, the aforesaid proposal is accepted without
competitive bidding through the Qualification Based Selection Process
(QBS), and such action is taken in accordance with Section
41349
Minutes of the June 8, 2020 Regular Meeting
3.04.140.D.2.b of the Livonia Code of Ordinances, as amended;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $200,000.00 from funds budgeted in Account No.
101-339-441 for this purpose, said funds provided by the Great Lakes
Water Authority (GLWA) for the permit fees for this project; and the City
Engineer is hereby authorized to approve minor adjustments in the work
as it becomes necessary but this authorization does not entitle the City
Engineer to authorize any increase in the not to exceed amount or to
contract with other parties.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Toy, Bahr, White, McCullough, Donovic, Jolly and McIntyre
NAYS: None
The President declared the resolutions adopted.
Councilmember Toy, as Chair of the Public Safety, Health and Environment Committee,
reported out on the informational meeting of Wednesday, May 20, 2020 on the subject
matter of COVID-19 (Coronavirus) (CR 79-20)
This item will remain in Committee.
A communication received from Carolyn and Jim Curlew, dated May 30,
2020, re: Petition 2020-01-01-01, was received and placed on file for the
information of the Council.
A communication received from Michelle Jaster, dated June 1, 2020, re:
Petition 2020-01-01-01, was received and placed on file for the information of the
Council.
A communication received from Tom Tercala, dated June 4, 2020, re:
Petition 2020-01-01-01, was received and placed on file for the information of the
Council.
41350
Minutes of the June 8, 2020 Regular Meeting
An email communication from Mark Taormina, Director of Planning and
Economic Development, dated June 5, 2020, forwarding an email
communication from Wendy Berryman, dated June 5, 2020, re: question about
Six Mile and Farmington Road zoning, was received and placed on file for the
information of the Council.
Communications from Suherl Baki, Jihan Baki, Edward Brezinsky, Marina
Brezinsky, Marlon Brezinsky, J.R. Patrick, re: in support of Petition 2020-01-01-
01, were received and placed on file for the information of the Council.
A communication from Sara Kasprowicz, Secretary II, forwarding
information on a resident call from Neil Cervenan, re: requesting his name be
added to the list of residents in opposition of Petition 2020-01-01-01, was
received and placed on file for the information of the Council.
An email communication from Councilmember Brandon McCullough,
dated June 8, 2020, re: forwarding an email communication from Susan Gannon,
containing additional residents in opposition of Petition 2020-01-01-01, was
received and placed on file for the information of the Council.
On a motion by Jolly, supported by White, it was:
#159-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, which transmits its
resolution 04-16-2020, adopted on April 14, 2020, with regard to Petition
2020-01-01-01, submitted by Pastor 4G, L.L.C., to rezone the eastern 150
feet of the property located on the west side of Farmington Road between
Oakdale Avenue and Six Mile Road (16975-16991 Farmington Road) in
the Northeast ¼ of Section 16, from OS, Office Services to C-2, General
Business, and the Council having conducted a public hearing with regard
to this matter on Monday, May 18, 2020, the Council does hereby approve
the recommendation of the Planning Commission and Petition 2020-01-
01-01 is hereby denied for the following reasons:
41351
Minutes of the June 8, 2020 Regular Meeting
1. That the petitioner has failed to affirmatively show that the
proposed change of zoning and the intended use of the property
as a fast-food restaurant would be compatible to and in harmony
with the surrounding uses in the area, particularly with respect to
the adjacent residential neighborhood;
2. That the proposed zoning and intended use of the property, and its
relation to streets giving access to it, particularly with respect to
vehicular turning movements and routes of traffic flow, would be
hazardous and inconvenient to the intersection and the
neighborhood and would unduly conflict with the normal traffic flow
and circulation patterns in the area;
3. That the proposed zoning and use is contrary to the purposes,
goals, and objectives of the Zoning Ordinance, which seek to
insure compatibility and appropriateness of uses so as to enhance
property values and to create and promote a more favorable
environment for neighborhood use and enjoyment;
4. That the petitioner has failed to sufficiently demonstrate that the
site has the capacity to accommodate the proposed use; and
5. That the proposal fails to conclusively deal with all the concerns
deemed necessary for the safety and welfare of the City and its
residents.
Several residents spoke on this item.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Toy, White, McCullough, Jolly and McIntyre
NAYS: Bahr and Donovic
The President declared the resolution adopted.
On a motion by Toy, supported by Donovic, and unanimously adopted, it
was:
#160-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, which transmits its
resolution 04-16-2020, adopted on April 14, 2020, with regard to Petition
2020-01-01-01, submitted by Pastor 4G, L.L.C., to rezone the eastern 150
feet of the property located on the west side of Farmington Road between
41352
Minutes of the June 8, 2020 Regular Meeting
Oakdale Avenue and Six Mile Road (16975-16991 Farmington Road) in
the Northeast ¼ of Section 16, from OS, Office Services to C-2, General
Business, and the Council having conducted a public hearing with regard
to this matter on Monday, May 18, 2020, the Council does hereby refer to
the Traffic Commission, for its report and recommendation, the matter of
motorists allegedly cutting through the adjacent neighborhood’s streets,
and resolves further that a copy of this resolution be sent to Ronald P.
Agacinski, P.E., Staff Engineer, Engineering Division for the County of
Wayne, respectfully requesting that he consider any measures by which
traffic safety in and around the intersection of Six Mile and Farmington
Roads may be enhanced.
A communication from Mark Taormina, Director of Planning and
Economic Development, dated June 4, 2020, re: Determination of Valid Protest
Petition 2020-02-01-02, was received and placed on file for the information of the
Council.
On a motion by Donovic, supported by Bahr, it was:
#161-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated April 15, 2020, which transmits its
resolution 04-17-2020, adopted on April 14, 2020, with regard to Petition
2020-02-01-02, submitted by Belaggio Homes, to rezone the northern
300.62 feet of the property located on the north side of Seven Mile Road
between Merriman Road and Osmus Avenue (31670 Seven Mile Road)
in the Southeast ¼ of Section 3, from R-U-F, Rural Urban Farm –
Minimum ½ Acre to R-1, One Family Residential – 60’ x 120’ Lots, and
the Council having conducted a public hearing with regard to this matter
on Monday, May 18, 2020, the Council does hereby approve Petition
2020-02-01-02 for preparation of the ordinance for submission to Council;
and the City Planner is hereby instructed to cause the necessary map for
publication to be prepared indicating the zoning change herein approved
and to furnish the same to the Department of Law and, upon receipt of
such map, the Department of Law is requested to prepare an ordinance
amending Ordinance 543, as amended, in accordance with this resolution.
(President McIntyre passed the gavel to Vice President Bahr at 8:56 p.m.)
Several residents spoke on this item.
(President McIntyre resumed the gavel at 9:05 p.m.)
41353
Minutes of the June 8, 2020 Regular Meeting
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Toy, Bahr, White, McCullough, Donovic, Jolly and McIntyre
NAYS: None
The President declared the resolution adopted.
Jolly gave First Reading to the following Ordinance:
AN ORDINANCE ADDING CHAPTER 37 (UNSOLICITED
WRITTEN MATERIALS) TO TITLE 8 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
On a motion by Toy, supported by McCullough, and unanimously adopted,
it was:
#162-20 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated May 12, 2020, submitted
pursuant to Council Resolution Nos. 97-20 and 98-20, adopted on March
23, 2020, which bears the signature of the Director of Finance, is approved
as to form by the City Attorney and is approved for submission by the
Mayor, the Council does hereby accept the quote of Motorola Solutions,
Inc., 500 W. Monroe Street, Chicago, Illinois 60661 for performing all work
required in connection with the programming and installation of three (3)
operator console positions in the Emergency Operations Center (EOC),
the de-installation of three (3) operator console positions in the Main
Dispatch Center (MDC) and the programming and installation of four (4)
operator console positions and related equipment in the Main Dispatch
Center (MDC); for a total amount not to exceed $80,486.00; FURTHER,
the council does hereby authorize an expenditure in an amount not to
exceed $80,486.00 from funds already budgeted in Account No. 261-000-
987-000 (Public Safety Communications) for this purpose; FURTHER, the
Council does hereby determine to authorize the said purchase without
competitive bidding inasmuch as the same is based upon the low State of
Michigan Contract Pricing pursuant to MiDEAL Contract #190000001544,
41354
Minutes of the June 8, 2020 Regular Meeting
and such action is taken in accordance with the provisions set forth in
Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended.
On a motion by Toy, supported by Bahr, and unanimously adopted,
it was:
#163-20 RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution 574-82
so as to permit consideration of items that do not appear on the
Agenda.
On a motion by White, supported by Toy, and unanimously adopted, it
was:
#164-20 RESOLVED, that having considered a communication from
the Department of Law, dated June 2, 2020, approved for submission by
the Mayor, the Council does hereby authorize the Department of Law to
resolve the claims brought on behalf of the Estate of Rita H. Hughes, et
al; Wayne County Circuit Court Case No.: 16-013486-NI; for the amount
of $232,500.00, and the Department of Law is hereby authorized to do all
things necessary or incidental to the full performance of this resolution.
There was no Audience Communication at the end of the meeting.
On a motion by White, supported by Bahr, and unanimously adopted, this
1,898th Regular Meeting of the Council of the City of Livonia was adjourned at
9:14 p.m. on June 8, 2020.
_____________________
Susan M. Nash, City Clerk