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HomeMy WebLinkAbout2020-07-20 41381 MINUTES OF THE ONE THOUSAND NINE HUNDRED FIRST REGULAR MEETING OF JULY 20, 2020 On July 20, 2020, the above meeting was held in the Auditorium of City Hall, 33000 Civic Center Drive, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Brandon McCullough led the meeting in the Pledge of Allegiance. Roll was called with the following result: Brandon McCullough, Rob Donovic (via phone), Jim Jolly, Scott Bahr, Cathy White, and President Kathleen McIntyre. Absent: Laura Toy. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Leo Neville, Assistant 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 by Bahr, supported by White, and unanimously adopted, it was: th #190-20 RESOLVED that the minutes of the 1,900 Regular Meeting of Council held July 6, 2020 are approved as presented. The President declared the resolution adopted. President McIntyre reminded everyone on the protocol for live meetings with the Covid-19 precautions in place. President McIntyre then asked audience members who had signs to lower them to the height of their head so as to not block view of others seated behind them. She then wished Legislative Director Judy Priebe a happy birthday which is coming up. 41382 Minutes of the July 20, 2020 Regular Meeting Vice President Bahr commented that he is happy for the return of the live meetings and President McIntyre echoed his sentiment and thanked the IT Department for their accommodation with the Zoom meetings. President McIntyre commended Director of Emergency Preparedness, Brian Kahn, for his hard work in keeping everyone safe during the pandemic. She then stated there is New Data on Item No. 10. During Audience Communication the following people spoke: Amanda Callahan, 31824 West Chicago Trusee Beckworth Roy Johnson Sean Melissa Cunningham Amanda Chrysler Heather Pastor Michael Robinson, 8865 Northline, Detroit Chauncon Akari (ph) Vice President Bahr noted that Councilmember Donovic had left participation in the meeting at 7:29 p.m. He then commented on the Audience Communication and the topics discussed in tonight’s meeting as well as prior ones. He then shared an experience he had with one of his former neighbors. At the request of Councilmember Jolly, supported by Councilmember White, the matter of drafting a resolution regarding racism and prejudice in the City of Livonia, be put on the next Regular Agenda of Council of August 5, 2020. A communication from the Department of Finance, dated June 19, 2020, re: forwarding various financial statements of the City of Livonia for the month ending April 30, 2020, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated June 26, 2020, re: forwarding various financial statements of the City of Livonia for the month 41383 Minutes of the July 20, 2020 Regular Meeting ending May 31, 2020, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated June 22, 2020, re: forwarding Quarterly Investment Report for the City of Livonia as of May 31, 2020, was received and placed on file for the information of the Council. On a motion by Jolly, supported by Bahr, it was: #191-20 RESOLVED, that having considered an application from Mary Beth Morris, 33110 Oregon, Livonia, Michigan 48150, dated June 9, 2020, requesting permission to close Woodring Street between Vermont and Oregon, on Saturday, August 8, 2020, from 2:00 p.m. to 10:00 p.m., for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, August 9, 2020, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #192-20 RESOLVED, that having considered a communication from Julie Blackmer, dated June 12, 2020, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to host cardio drumming exercise classes, with music and outdoor speaker system, on the church lot of St. Michael the Archangel’s School property, located at 11311 Hubbard Street, to be held on Monday and Thursday evenings from 7:00 p.m. to 8:00 p.m., the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 7:00 p.m. and 8:00 p.m. in connection with this event to be held on Monday and Thursday evenings for a period of one year. #193-20 RESOLVED, that having considered a communication from the Office of the Mayor, dated June 22, 2020, and in accordance with the provisions of the Brownfield Redevelopment Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as amended, the Council does hereby approve of and concur in the appointment of Melissa Karolak, 37057 Weymouth, Livonia, MI 48152, to the Livonia Brownfield Redevelopment Authority for a two-year period which will expire on November 24, 2022. #194-20 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated June 10, 2020, which bears the signature of the Director of Finance, is reviewed by the City Attorney and is approved for submission by the Mayor, to which is 41384 Minutes of the July 20, 2020 Regular Meeting attached an Intergovernmental Agreement between the County of Wayne and the City of Livonia in connection with utilizing grant funds in the amount of $154,329.00 to be used for improvements at Botsford Pool and Clements Circle Park, with the proposed City’s participation in an amount estimated at $35,671.00, the Council does hereby approve the proposed Intergovernmental Agreement between the County of Wayne and the City of Livonia and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby authorize an advance expenditure in an amount not to exceed $154,329.00, plus an additional $35,671.00 for the City’s proposed matching funds, for a total amount not to exceed $190,000.00 from funds already budgeted in Account No: 208- 720-987-000 ($150,000.00 Botsford Pool) and Account No: 208-721-976- 000 ($40,000.00 Clements Circle Park) for this purpose, with the provision that these funds be reimbursed at such time as the improvements are completed. #195-20 RESOLVED, that having considered a communication from the Director of Public Works, dated June 10, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding an additional appropriation and expenditure to provide payment to Granite Inliner, LLC (f/k/a Liqui-Force Services, Inc., 28529 Goddard Road, Suite 106, Romulus, Michigan 48174) (“Granite Inliner”) for required sewer system rehabilitation improvements and to amend the existing contract for preventive maintenance and emergency repairs of the sanitary sewer system with Granite Inliner, previously authorized in Council Resolution No. 407-17, adopted on December 18, 2017, the Council does hereby approve an amendment to said contract increasing the not-to-exceed amount to $1,000,000.00 to cover the cost of the preventive maintenance and emergency repairs outlined in said communication; FURTHER, the Council hereby appropriates and authorizes an expenditure in the amount of $650,000.00, increasing the not to exceed contract amount from $350,000.00 to $1,000,000.00 for Fiscal Year 2020, payable to Granite Inliner, for performing all work required in connection with the pipe rehabilitation and emergency sewer lining in the southeast quarter of Section 16 (Coventry Gardens) as described in the referenced communication; FURTHER, the amount of $1,000,000.00 is hereby appropriated and authorized to be expended from the Unexpended Fund balance of the Water and Sewer Fund (592) for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04.140.D.1 of the Livonia Code of Ordinances, as amended, in light of the emergency outlined in said communication; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to 41385 Minutes of the July 20, 2020 Regular Meeting execute an amendment to the existing contract, approved as to form and substance by the Department of Law, with Granite Inliner, and to do all other things necessary or incidental to the full performance of this resolution. #196-20 RESOLVED, that having considered a communication from the City Planning Commission, dated June 24, 2020, which transmits its resolution #06-29-2020, adopted on June 23, 2020, with regard to Petition 2020-05-08-03 submitted by Soave Homes, to renovate the exterior façade of the building located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road (15195 Farmington Road) in the Northeast ¼ of Section 21, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2020-05-08-03 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan identified as Sheet No. SD.101 prepared by G.A.V. Associates, Inc. as received by the Planning Commission on May 20, 2020, is hereby approved, and shall be adhered to; 2. Barrier free parking shall be provided at the direction of the Inspection Department; 3. That any plans for the outdoor storage of refuse shall first be approved by the Planning and Inspection Departments, and shall be screened by means of an enclosure constructed of masonry walls with solid panel steel or fiberglass gates which shall be properly maintained and, when not in use, kept closed; 4. That the Exterior Elevations Plans identified as Sheet No. A.201 and Sheet No. A.202 prepared by G.A.V. Associates, Inc. as received by the Planning Commission on May 20, 2020, are hereby approved, and shall be adhered to; 5. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material, and color to other exterior materials on the building; 6. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 7. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 41386 Minutes of the July 20, 2020 Regular Meeting 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 9. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. A roll call vote was taken on the foregoing resolutions with the following result: AYES: McCullough, Jolly, Bahr, White and McIntyre NAYS: None The President declared the resolutions adopted. Vice President Bahr, as Chair of the Finance and Budget Committee, reported out on the meeting of June 24, 2020. a. Topic of Annual Audit Reports. (CR 367-02) This item will remain in Committee. A communication from Plante & Moran, dated May 14, 2020, was received and placed on file for the information of the Council. The Federal Awards Supplemental Information from Plante & Moran, dated May 14, 2020, was received and placed on file for the information of the Council. The Financial Report with Supplemental Information from Plante & Moran, dated November 30, 2019, was received and placed on file for the information of the Council. The Audit Presentation from Plante & Moran, dated November 30, 2018, was received and placed on file for the information of the Council. 41387 Minutes of the July 20, 2020 Regular Meeting This item will remain in Committee. b. Various subjects regarding City vehicles for report and recommendation. (CR 106-97, CR 35-97, CR 100-96, CR 20-96, CR 19-96, CR 18-96, CR 17-96, and CR 914-95 were incorporated into this resolution.) (Ref: CR 574-98, CR 64-01, and CR 56-09) This item will remain in Committee. On a motion by Jolly, supported by White, it was (7c-7m), c. Fleet replacement Program for Fire and Rescue apparatus. (CR 282- 02) #197-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 282-02, regarding the Fleet Replacement Program for Fire and Rescue apparatus, the Council does hereby determine to take no further action with regard to this matter. d. Renewal of the City’s Liability and Property Insurance Coverage (CR 504-06 and CR 572-06) #198-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution Nos: 504-06 and 572- 06, regarding the renewal of the City’s Liability and Property Insurance Coverage, the Council does hereby determine to take no further action with regard to this matter. e. Subject of creating various financial proposals/alternatives to aid struggling properties for report and recommendation. (CR 598-06 and CR 613-07) #199-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution Nos: 598-06 and 613-07, regarding the subject of creating various financial proposals/alternatives to aid struggling properties, the Council does hereby determine to take no further action with regard to this matter. f. Subject of a Plan Administrator for the City’s 401(a) Defined Contribution Retirement Plan. (CR 457-07) #200-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 457-07, regarding the 41388 Minutes of the July 20, 2020 Regular Meeting subject of a Plan Administrator for the City’s 401(a) Defined Contribution Retirement Plan, the Council does hereby determine to take no further action with regard to this matter. g. Subject of how the new Health Care Bill will affect the City of Livonia.(CR 92-10) #201-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 92-10, regarding the subject of how the new Health Care Bill will affect the City of Livonia, the Council does hereby determine to take no further action with regard to this matter. h. Subject of Plymouth Road Development Authority (CR 72-18 and CR 339-10) #202-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution Nos: 72-18 and 339-10, regarding the subject of the Plymouth Road Development Authority, the Council does hereby determine to take no further action with regard to this matter. i. Subject of the Plymouth Road Development Authority (PRDA) 2011 Annual report. (CR 170-12) #203-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 170-12, regarding the subject of the Plymouth Road Development Authority (PRDA) 2011 Annual Report, the Council does hereby determine to take no further action with regard to this matter. j. Subject of a review of the previous ten years roads millage for report and recommendation. (CR 163-12) #204-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 163-12, regarding the subject of a review of the previous ten years roads millage, the Council does hereby determine to take no further action with regard to this matter. k. Subject of the proposed policy regarding the appropriate level and use of the General Fund balance for report and recommendation. (CR 71- 13) 41389 Minutes of the July 20, 2020 Regular Meeting #205-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 71-13, regarding the subject of the proposed policy regarding the appropriate level and use of the General Fund balance, the Council does hereby determine to take no further action with regard to this matter. l. Subject of practices concerning water billing including waiver interest and penalties. (CR 10-13) #206-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 150-13, regarding the subject of practices concerning water billing, including waiver interest and penalties, the Council does hereby determine to take no further action with regard to this matter. m. Subject of internal audits and/or periodical review of Departments and/or activities deemed of high risk for further decision. (CR 151-13) #207-20 RESOLVED, that having considered the report and recommendation of the Finance and Budget Committee, dated June 24, 2020, submitted pursuant to Council Resolution No: 151-13, regarding the subject of internal audits and/or periodical reviews of Departments and/or activities deemed of high risk, the Council does hereby determine to take no further action with regard to this matter. A roll call vote was taken on the foregoing resolutions (7c-7m) with the following result: AYES: McCullough, Jolly, Bahr, White and McIntyre NAYS: None The President declared the resolutions adopted. Jolly gave first reading to the following Ordinance: AN ORDINANCE ADDING SECTION 225 AND AMENDING SECTION 230 OF CHAPTER 04 (STREETS AND SIDEWALKS) TO TITLE 12 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. 41390 Minutes of the July 20, 2020 Regular Meeting The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 3 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3._____ THERETO. (Petition 2020-02-01-02) 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 Jolly, supported by White, and unanimously adopted, it was: #208-20 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated June 12, 2020, approved for submission by the Mayor, to which is attached recommended quarterly budget adjustments required for the first and second quarters of the Fiscal Year 2020 budget, the Council does hereby direct that this item be placed on the agenda for the next regular meeting of August 5, 2020. On a motion by White, supported by Jolly, and unanimously adopted, it was: #209-20 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated June 25, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting an expenditure from budgeted funds to enable payment in the amount of $257,970.80 to D’Angelo Brothers, Inc., 30750 Eight Mile Road, Farmington Hills, Michigan 48336 for equipment, materials and labor necessary to perform the emergency water main replacement on Surrey Road between Schoolcraft Road and the south property line of the DPW Yard (Invoices #6580 and #6581); the Council does hereby authorize an expenditure in an amount not to exceed 41391 Minutes of the July 20, 2020 Regular Meeting $257,970.80 from the Water and Sewer Fund, Account No. 592-158-000 (construction in progress) 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.1 of the Livonia Code of Ordinances, as amended. On a motion by Bahr, supported by White, and unanimously adopted, it was: #210-20 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. Lisa, a resident on Shrewsbury, indicated she wished to state that they have not been given a lot of opportunity to speak in the Planning Meetings about Item Number 9 and doesn’t feel their concerns are being heard by City Council and further discussion was held. Michael Hankert (ph) also spoke about his concerns on Item Number 9. On a motion by McCullough and Jolly, and unanimously adopted, it was: #211-20 RESOLVED, on a motion by Councilmember McCullough, supported by Councilmember Jolly, the Council does hereby suspend the rules to allow a resident to participate in Audience Communication for an additional three minutes. The following people spoke during Audience Communication: Alexandria Margaret Fleury (ph) John Hillers Rise (ph) Jody White Unnamed resident On a motion by McCullough and Jolly, and unanimously adopted, it was: #211-20 RESOLVED, on a motion by Councilmember McCullough, supported by Councilmember Jolly, the Council does hereby suspend the rules to allow a resident to participate in Audience Communication for an additional three minutes. 41392 Minutes of the July 20, 2020 Regular Meeting Trusee Beckworth spoke for an additional three minutes during Audience Communication at the end of the meeting. On a motion by Bahr, supported by McCullough, and unanimously adopted, this 1,901st Regular Meeting of the Council of the City of Livonia was adjourned at 8:48 p.m. on July 20, 2020. _____________________ Susan M. Nash, City Clerk