HomeMy WebLinkAbout2020-09-09 41426
MINUTES OF THE ONE THOUSAND NINE HUNDRED FOURTH
REGULAR MEETING OF SEPTEMBER 9, 2020
On September 9, 2020, the above meeting was called to order via remote
Zoom technology 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; Lynda Scheel, Treasurer; Judy Priebe,
Director of Legislative Affairs; Sara Kasprowicz, Secretary II; Casey O'Neil,
Director of Information Systems; Doug Moore, Assistant Director of Public
Works; Jacob Rushlow, Superintendent of Public Service, and Dave Varga,
Director of Administrative Services.
On a motion by Toy, supported by White, and unanimously
adopted, it was-
#248-20 RESOLVED that the minutes of the 1,903rd Regular
Meeting of Council held August 17, 2020 are approved as
presented.
Councilmember Jolly wished his wife Katie a Happy Birthday and Happy
Anniversary.
Councilmember McCullough wished good luck to all the students and teachers
that started back to the virtual school world. He stated he participated in the
head shave to benefit Children's Cancer Research through St. Baldrick who to
date over the last ten years have raised over $800,000.00 and they're looking at
potentially hitting the million mark this next year.
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Regular Meeting Minutes of September 9, 2020
Councilmember Jolly announced the retirement of Karen Worley, Program
Supervisor in the Engineering Department, and Susan Bastian, Program
Supervisor in Community Resources, and wished them both well on their
retirement.
Councilmember Donovic talked about the banners that were created to highlight
the class of 2020 and he thanked Dan McIver for his generosity for the 32
banners that were displayed at the Five Mile and Farmington area and thanked
the DPW who put them up. He stated the banners were sold to raise money for
Friends of Greenmead, Clarenceville Education Foundation and the Livonia Kids
and Family. There are only fifteen banners left for sale and asked anyone
interested in purchasing one to contact him.
Vice President Bahr wished his youngest son a Happy 10th birthday.
On a motion by Jolly, supported by Bahr, and unanimously adopted,
it was-
#249-20 RESOLVED, that upon the motion by Councilmember Jim
Jolly, seconded by Council Vice President Scott Bahr, at the Regular
Meeting held September 9, 2020, the Council does hereby refer the
subject matter of a Master Plan for Greenmead Historical Park to the
Economic Development, Strategic Planning and Technology Committee
for its report and recommendation.
President McIntyre announced two (2) Public Hearings to be held on September
28, 2020 at 7:00 p.m. via Zoom remote technology on the following matters:
Petition 2020-07-01-03 submitted by Leo Soave Building Company, Inc.,
pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543,
as amended, requesting to rezone the property at 37855 Lyndon Avenue
(former Webster Elementary School site), located on the south side of
Lyndon Avenue between Newburgh and Hix Road, in the Southeast 1/4 of
Section 19, from PL (Public Land) to R-1, (One Family Residential — 60' x
120' Lots).
Petition 2020-07-06-01 submitted by the City Planning Commission,
pursuant to Council Resolution 170-20 and Section 23.01(a) of the
Livonia Zoning Ordinance No. 543, as amended, proposing to amend
Sections 2.10 of Article II, 4.12 of Article IV, 5.15 of Article V, and 16.02
of Article XVI, to define "caregiver grow facility" and regulate the zoning
districts where medical marijuana facilities can operate.
And one (1) Public Hearing being held via Zoom remote technology on October
7, 2020 at 7:00 p.m. on the following matter:
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Regular Meeting Minutes of September 9, 2020
The City of Livonia will hold a Public Hearing on Wednesday, October 7,
2020 at 7:00 P.M., via zoom, for the purpose of hearing written and oral
comment from the public concerning the proposed annual budget for the
fiscal year 2020 -2021. All interested citizens, groups, senior citizens and
organizations representing the interests of senior citizens are encouraged
to attend and submit comments.
She then stated there will be one X-item that will be heard at the end of
the Regular Agenda and New Data on Item No. 8 and Item No. X-1.
Councilmember Toy introduced Madison Day,who will serve an internship
with her this semester.
Clerk Susan Nash gave an update on the upcoming General Election
being held on November 3, 2020. She stated the first round of absentee
ballots are going out at the end of September. There are approximately
over 30,000 ballots going out at this time, which may increase to 40,000
by the time of the mailing. The actual printed ballots have not arrived at
the Clerk's Office but are expected to arrive soon. She stated her office
is looking for election workers and invited anyone interested to apply. She
also said they are looking for Safety Captains who will be working in the
building wiping down counters, pens, stations, take temperatures of
workers, reminding workers to wear a mask. The voter does not have to
wear a mask if they choose not to, but we can offer them one. So we can
offer a mask but we cannot require a mask of a voter and we'll also be
asking people to keep the six foot distance. She then announced for the
month of October the Clerk's Office will be open until 7:00 p.m. on
Tuesdays and Thursdays to help residents that work during the day so
they can come in and take care of election business only during that time.
She stated ballots can be returned at the drop box outside of City Hall or
you can walk it inside City Hall to the drop box there.
Councilmember Toy reminded everyone that tax dues are bill and they
can be paid inside City Hall as well as in the drop box or by mail.
Councilmember Cathy White, as Parliamentarian of Council, reviewed the
rules of order for Audience Communication.
During Audience Communication several citizens discussed racism and
protest problems at Planned Parenthood.
Councilmember Jolly requested that the subject matter of proposed rules
and regulations regarding times, places, and manner restrictions for
protests in the City of Livonia be referred to the Administration for its report
and recommendation.
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Regular Meeting Minutes of September 9, 2020
On a motion by Jolly, supported by McCullough, it was-
#250-20 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
July 28, 2020, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, regarding additional appropriation
and expenditure to execute a contract between the City of Livonia and WT
Group for ADA facility audits and developing transition plans to improve
accessibility in the City's parks system, the Council does hereby, for and
on behalf of the City of Livonia, accept a $43,277.00 grant from Healthy
Livonia; FURTHER, the Council does hereby appropriate and authorize
an additional expenditure in an amount not to exceed the $43,277.00
grant amount, to cover the cost of ADA Facility Audits, from the
Unexpended Fund Balance of the Community Recreation Fund (208) for
this purpose, with the provision that the fund be reimbursed from the
Healthy Livonia Grant Funds upon completion of the project; and the
Mayor and City Clerk are hereby authorized, for and on behalf of the City
of Livonia to execute a contract between the City of Livonia and WT
Group, 2675 Pratum Ave., Hoffman Estates, IL 60192, for performing all
work required in connection with completing ADA Facility Audits and
developing transition plans to improve accessibility in the City's Parks
System; FURTHER, the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to execute said contract, 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.
#251-20 RESOLVED, that having considered the report and
recommendation of the Director of Public Service, dated July 31, 20207
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the purchase
of one (1) 2021 Ford Transit Connect Van, at a cost of $21,297.00, from
Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867; and the
upfitting of said vehicle by Versalift Midwest, 51761 Danview Technology
Ct., Shelby Township, MI 48315, at a cost of$3,352.00, for a total amount
not to exceed $24,649.00, to replace a 2008 Ford Escape currently used
by the City Clerk's Office which is no longer safe to drive and as to which
the cost to repair exceeds the value of the vehicle, the same to be
expended from funds already budgeted in Capital Improvement Account
No: 401-000-985-010; 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 bid price under MI-Deal
Contract No. 071 B7700180 and Macomb County Contract #21-18 for the
new vehicle purchase; and through MI-Deal Contract No. 071137700166
for the upfitting of said vehicle; and such action is taken in accordance
with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code
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Regular Meeting Minutes of September 9, 2020
of Ordinances, as amended; FURTHER, the Council does hereby
authorize the disposal of the replaced vehicle at public auction hosted by
the Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new vehicle.
#252-20 RESOLVED, that having considered a communication from
the Director of Public Works, dated August 5, 2020, which bears the
signatures of the Director of Finance and the Superintendent of Public
Service, and is approved for submission by the Mayor, regarding
additional appropriation and expenditure in order to provide as-needed
environmental engineering services related to the City's landfill, previously
authorized in Council Resolution No. 257-19, adopted on July 22, 2019,
the Council does hereby appropriate and authorize an expenditure in the
amount of$30,000.00, increasing the not to exceed contract amount from
$20,000.00 to $50,000.00 annually, payable to NTH Consultants, LTD.,
41780 Six Mile Road, Northville, MI 48168, for providing as-needed
environmental engineering services related to the City's landfill;
FURTHER, the additional amount of $30,000.00 is hereby appropriated
and authorized to be expended from Account No. 205-527-818-041
(Contractual Services — Landfill Remediation) for this purpose;
FURTHER, the Mayor and City Clerk are hereby authorized for and on
behalf of the City of Livonia to execute a contract amendment with the
aforesaid company, 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.
#253-20 RESOLVED, that having considered a communication from
the Director of Public Works, dated August 5, 2020, which bears the
signatures of the Superintendent of Public Service and the Director of
Finance, and is approved for submission by the Mayor, to which is
attached a proposal to amend the Engineering contract between the City
of Livonia and OHM Advisors in connection with the America's Water
Infrastructure Act of 2018 (AWIA) Risk & Resilience Assessment and
Emergency Response Plan (ERP), the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
a contract amendment between the City of Livonia and OHM Advisors,
34000 Plymouth Road, Livonia, MI 48150, to provide professional
engineering services in connection with the preparation and submission
of an AWIA Risk & Resilience Assessment and ERP as required by the
Environmental Protection Agency in an amount not to exceed $56,500.00;
FURTHER, the aforesaid proposal is accepted without competitive
bidding through the Qualification Based Selection Process, and such
action is taken in accordance with Section 3.04.140.D.2.b of the Livonia
Code of Ordinances, as amended; FURTHER, the Council does hereby
authorize an appropriation and expenditure in an amount not to exceed
$56,500.00 from funds budgeted in the Unexpended Fund Balance of the
Water and Sewer Fund for this purpose.
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Regular Meeting Minutes of September 9, 2020
#254-20 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 3, 2020, which bears
the signature of the Director of Public Works, and is approved for
submission by the Mayor, the Council does hereby authorize the release
to Leo Soave Building Company, 37771 Seven Mile Road, Suite C,
Livonia, MI 48152, the proprietor of Livonia Manor II Site Condominium
Development, located at 31700 and 31750 Seven Mile Road in the
Southeast '/4 of Section 3, the financial assurances previously deposited
pursuant to Council Resolution 296-14, adopted on October 6, 2014,
specifically:
a) Entrance Markers/Landscaping $5,000.00 (all cash)
b) Monuments and Markers $ 700.00 (all cash)
FURTHER, all other financial assurances now on deposit with the City, if
any, with respect to this subdivision shall remain the same and
unchanged; and the action herein being taken is for the reasons indicated
in the aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance with the
rules and regulations and ordinances of the City of Livonia.
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.
The 2020 Assessment Data booklet from the City Assessor, dated June
17 2020, was received and placed on file for the information of the Council.
Vice President Bahr, as Chair of the Finance and Budget Committee, reported
out on the meeting of Monday, August 10, 2020.
a. Subject matter of Advance Budget Reviews Fiscal Year 2020-2021
Pre-Budget Meeting. (CR 161-12)
This item will remain in Committee.
b. Subject matter of Five-Year Budget Process. (CR 22-06)
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Regular Meeting Minutes of September 9, 2020
On a motion by Bahr, supported by Jolly, and unanimously adopted, it
was:
#255-20 RESOLVED, that having considered the report and
recommendation of the Finance and Budget Committee, dated August 10,
2020, submitted pursuant to Council Resolution No. 22-06, adopted on
January 18, 2006, regarding the subject matter of a five-year budget
process for the City of Livonia, the Council does hereby determine to take
no further action with regard to this matter.
A communication received from the Assessment Department,
dated July 20, 2020, regarding the revised surveys on subject properties
for the proposed lot split, Petition 2019-09-LS-18, was received and
placed on file for the information of the Council.
President McIntyre, as Chair of the Committee of the Whole, reported out on
the meeting of Wednesday, August 19, 2020.
Request from Robert Trenkle and Elizabeth Pizzo, 29568 Maclntyre and
Gina Nguyen, 29525 Robert, for a proposed lot split and combination of
the property located at the Northwest corner of Robert and Maclntyre
Avenues, (29568 Maclntyre, 29551 Robert and 29525 Robert) and to
waive the lot depth and area for proposed Parcel 1. (Petition 2019-09-LS-
18) (CR 402-19)
On a motion by Toy, supported by Jolly, it was-
#256-20 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 19, 2020,
submitted pursuant to Council Resolution 402-19, and a communication
from the Department of Assessment, dated July 20, 2020, which bears
the signatures of the Planning Director and City Engineer, and is approved
for submission by the Mayor, with regard to Petition 2019-09-LS-18
(revised), submitted by Robert Trenkle and Elizabeth Pizzo, 29568
Maclntyre and Gina Nguyen, 29525 Robert, requesting a proposed lot
split and combination of the property located at the northwest corner of
Robert and Maclntyre Avenues (29568 Maclntyre, 29551 Robert and
29525 Robert), in the Northeast'/4 of Section 35, and to waive the lot depth
and area for proposed Parcel 1, and in accordance with the provisions of
1967 PA 288, as amended, as well as Code of Ordinances Section
16.32.030 and Section 18.46 of Ordinance No. 543, both as amended, the
Council does hereby approve of the proposed lot split and combination of
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Regular Meeting Minutes of September 9, 2020
Tax Item Nos. 46-137-01-0305-000 (29551 Robert), 46-137-01-0306-000
(29525 Robert) and 46-137-01-0307-000 (29568 Macintyre), located at
the Northwest corner of Robert and Macintyre Avenues, in the Northeast
'/4 of Section 35, into two (2) parcels, the legal descriptions of which shall
read as follows:
PARCEL 1
The Northeasterly 91.50 feet of Lot 305 of BEL-AIRE GARDENS being a
sub'n of part of the South '/4 of the North '/2 of Section 35, T. 1 S., R. 9 E.,
City of Livonia, Wayne County, Michigan as recorded in Liber 75 of Plats,
page 48, Wayne County Records. Containing 6405 square feet or land,
more or less.
PARCEL 2
Part of Lot 306 of BEL-AIRE GARDENS being a sub'n of part of the South
'/2 of the North '/2 of Section 35, T. 1 S., R. 9 E., City of Livonia, Wayne
County, Michigan as recorded in Liber 75 of Plats, page 48, Wayne
County Records, described as:
BEGINNING at the Northerly corner of said Lot 306; thence S. 44 degrees,
52' 50" E. 101.52 feet along the Northeasterly line of said Lot 306 said line
also being the Southwesterly right of way line of Robert Drive (60 feet
wide) to the Easterly corner of said Lot 306; thence 119.69 feet along the
arc of a curve to the right having a radius of 285.00 feet a central angle of
24 degrees 03' 44" and a long chord bearing S. 59 degrees 40' 31" W.
118.81 feet along the Southerly line of said Lot 306 said line also being
the Northerly right of way line of Macintyre Avenue (60 feet wide) to the
Southwesterly corner of said Lot 306; thence N. 44 degrees 52' 50" W.
47.34 feet along the Southwesterly line of said Lot 306; thence N. 33
degrees 42' 21" W. 25.12 feet to a point on the northwesterly line of said
Lot 306; and thence N. 45 degrees 17' 16" E. 110.13 feet along said
Northwesterly line of Lot 306 to the POINT OF BEGINNING. Containing
10,414.5 square feet of land, more or less. Subject to any and all
easements or rights of way of record, if any.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference; FURTHER, in accordance with Section
16.32.030 of the Livonia Code of Ordinances, as amended, and Section
18.46 of Zoning Ordinance No. 543, as amended, the Council does
hereby waive the minimum lot depth and area requirement for proposed
Parcel 1 as set forth in Zoning Ordinance No. 543, as amended, with
respect to this property division; and the City Clerk is hereby requested to
cause a certified copy of this resolution to be recorded in the Office of the
Wayne County Register of Deeds.
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Regular Meeting Minutes of September 9, 2020
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.
An email communication from Sonny Wilkins, VP Municipal Relations,
Simple Recycling, dated August 19, 2020, re: requesting to rescind its release
of obligation request, was received and placed on file for the information of the
Council.
On a motion by Jolly, supported by Toy, it was-
#257-20 RESOLVED, that upon the motion by Councilmember Jim
Jolly, seconded by Councilmember Laura Toy, at the Regular Meeting
held September 9, 2020, the Council does hereby refer the City's 2020 —
2023 Simple Recycling Contract to the Committee of the Whole for
monitoring and periodic review.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Toy, Bahr, White, McCullough, Donovic and Jolly
NAYS: McIntyre
The President declared the resolution adopted.
On a motion by Jolly, supported by White, it was-
#258-20 WHEREAS, the Great Lakes Water Authority ("GLWA")
is a Michigan municipal authority and public body corporate organized
and existing pursuant to the provisions of Michigan Public Act No.233
of 1955, as amended, MCL 124.281, et seq. ("Act 233"), for the
purpose of establishing a regional sewage disposal system to operate,
control, and improve the sewage disposal system leased from the City
of Detroit; and
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Regular Meeting Minutes of September 9, 2020
WHEREAS, pursuant to Act 233, the City of Livonia is a constituent
municipality of the GLWA; and
WHEREAS, as authorized by Act 233, GLWA and the constituent
municipalities are required by state and federal law to adopt binding
rules and regulations (Exhibit A, attached hereto and Incorporated
herein by reference) as part of an Industrial Pretreatment Program
(IPP) in order to comply with all applicable state and federal laws,
including, without limitation, the requirements of the Federal Water
Pollution Control Act, 33 USC Section 1251, et. seq., the General
Pretreatment Regulations for Existing and New Sources of Pollution,
40 CFR 403, and the National Categorical Pretreatment Standards
contained in 40 CFR Sections 405-471; and
WHEREAS, these rules and regulations were adopted by GLWA as a
uniform code to: (1) regulate wastes and wastewaters discharged into
the collection system for all participating municipalities; (2) prevent the
introduction of pollutants into the wastewater systems which will
interfere with the operation of the system, contaminate the resulting
sludge, or pose a hazard to the health, safety or welfare of the people,
the communities or to employees of GLWA; (3) prevent the
introduction of pollutants into the wastewater system which will pass
inadequately treated through the system and into the receiving waters,
the atmosphere, and the environment, or will otherwise be
incompatible with the system; (4) provide for the recovery of costs from
users of the wastewater collection system sufficient to administer
regulatory activities and meet the costs of operation, maintenance,
improvement and replacement of the system; and
WHEREAS, after a 45-day public comment period and public hearing,
the Board of the GLWA approved the IPP Rules on November 13,
2019.
NOW THEREFORE BE IT RESOLVED that the governing body of City
of Livonia, in compliance with Act 233 and state and federal law,
hereby concur in the IPP rules and regulations attached hereto as
Exhibit A; including any subsequent amendments thereto, which
amendments, if any, shall not require the approval of this governing
body; and
BE IT FURTHER RESOLVED that the adoption and approval of the
rules and regulations contained in Exhibit A shall be contractually
binding on the parties, and no governing body of City of Livonia shall
be authorized or empowered to rescind or change the approval
granted in this resolution without 180 day prior written notice to the
GLWA.
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Regular Meeting Minutes of September 9, 2020
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.
On a motion by White, supported by Toy, it was-
#259-20 RESOLVED, that having considered a communication from
the Department of Law, dated August 25, 2020, approved for submission
by the Mayor, the Council does hereby authorize the Department of Law
to resolve the claims brought on behalf of Christopher Lee Murray-Bey;
US District Court Case No. 14-13743; for the amount of$260,000.00, and
the Department of Law is hereby authorized to do all things necessary or
incidental to the full performance of this resolution.
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.
On a motion by Toy, seconded by Jolly, and unanimously adopted,
it was-
#260-20 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 Jolly, supported by Toy, and unanimously adopted, it was-
#261-20 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 5 of Act 207 of the Public Acts of Michigan of 1921, as amended,
Michael A. Testa, 36894 Sunnydale Street, Livonia, Michigan 48154, is
hereby appointed to the Zoning Board of Appeals, effective upon the
resignation of Janice Centers, and to fill her unexpired term ending July
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Regular Meeting Minutes of September 9, 2020
12, 2023, with all the authority and duties as set forth in the said Zoning
Ordinance and Act 207, and further provided that he takes the Oath of
Office as required in Chapter X, Section 2 of the City Charter, to be
administered by the Office of the City Clerk.
On a motion by Bahr, supported by Donovic, and unanimously adopted, it
was:
#262-20 RESOLVED, that upon the motion by Council Vice President
Scott Bahr, seconded by Councilmember Rob Donovic, at the Regular
Meeting held September 9, 2020, regarding the reorganization of the City
Council Office, the Council does hereby refer this item to the
Administration and the Department of Law for preparation of proposed
ordinance amendment(s) in connection with the organizational
restructuring of the City Council Office.
During Audience Communication several residents discussed perceived racism
in the City of Livonia and the subject of creating a Police Oversight Board.
On a motion by McCullough, supported by Jolly, and unanimously
adopted, this 1,904th Regular Meeting of the Council of the City of Livonia was
adjourned at 9:12 p.m. on September 9, 2020.
Susan M. Nash, City Clerk