HomeMy WebLinkAboutMINUTES 2020-06-22 (CR 165-20 - CR 179 -20)MINUTES OF THE ONE THOUSAND EIGHT HUNDRED ANDNINETY-NINTH
REGULAR MEETING OF JUNE 22, 2020OnJune 22, 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. Vice
President Scott Bahr led the meeting in the Invocation.Roll was called with the following result:Scott Bahr, Cathy White, Brandon McCullough, Rob Donovic, Jim Jolly, Laura Toy, 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; Brandie Isaacson, Director of Housing; Casey O’Neil, Director of Information
Systems and Dave Varga, Director of Administrative Services.On a motion by Jolly, supported byBahr,and unanimously adopted, it was:#165-20RESOLVED, that the minutes of the 1,898th Regular
Meeting of Council held June 8, 2020 areapproved as presented.The President declared the resolution adopted.Councilmember Jolly wished his son, JD, a Happy 5th Birthday.Councilmember
McCullough wished his daughter, Harper, a Happy 6th Birthday.Councilmember Toy congratulated President McIntyre’s son, David Culliton, for being appointed to the Livonia Arts Commission.President
McIntyre announced there will be two X-items heard at the end of tonight’s Regular Agenda.During Audience Communication John Hillers asked if there was a process to find out how much
the City has paid out in settlements for lawsuits brought against the Livonia Police Department and/or specific officers.President McIntyre replied to Hillers that Audience Communication
is not a forum for members of the Administration to answer questions.Hillary Smith stated she is one of the co-founders of Livonia Citizens Caring About Black Lives and asked why police
reports don’t list race on the tickets.President McIntyre replied that Audience Communication is not the forum within which members of the Administration answers questions. Smith
then stated she will be submitting an item for an upcoming Study Session for discussion about racial biases within the City.Amanda C spoke on the definitions of “sundown town” and “white
silence” in affiliation with Livonia.Alexandria Hughes asked about police training given to officers concerning people of color and spoke about her brother’s experiences with the police.Anna
Cragel discussed the issue of silence.Jon commented about the racial demographics from the Police Department not being released.Sara Overwater stated she would like to see more conversation
and dialogue from and with City Council.Christine Douglas, 37778 Ladywood, thanked the Councilmembers who responded to her emails and stated her whole subdivision is under construction
and she expressed her concern about a letter she received on the same day that most of the trees were removed and the lack of notification and communication that she experienced during
this project and the timing of same.President McIntyre replied to her comment and directed her to City Engineer Zilincik.Zilincik stated that City Hall closed on March 18th and is still
closed today and that the Engineering Department along with other Department Heads have been going in on a daily basis, despite Covid-19, since the shutdown to try and answer the phones
and make sure emergency permits were issued for sewer or other things of that nature. He said a letter was sent out to all residents on May 28th when they received the contractor’s
schedule for the 2020 Concrete Road Program. There was also a prior letter sent out on May 5th as far as tree removals that would occur and any concerns or comments could then be conveyed
to them and they could address those concerns and resolve them. And with that program, a new tree gets planted the following year in that location. These were determined by the consultant,
through the Forestry Division, the trees were looked at by an expert and then identified to be removed and letters sent to residents in that location, they were given a couple weeks
to review that letter, and then notification out for the tree removal. President McIntyre and Councilmember Toy thanked Douglas for joining the meeting and expressing her concerns.President
Toy requested the timeline of the reopening of City Hall and President McIntyre replied that Dave Varga would be joining the meeting later to give an update on that.Councilmember McCullough
also commented on the concerns of Douglas and then replied to the prior comments made during Audience Communication and that their voices were heard and that Council’s doors are always
open.Vice President Bahr commended Douglas on the graciousness of her call. He then addressed the earlier comments made during Audience Communication and directed the callers regarding
police training to the Livonia Police Department’s page on the City’s website. He then indicated there is an upcoming forum at Clarenceville High School on Wednesday for questions and
discussion. Bahr then spoke about the service of his fellow Councilmembers and himself that aids them in their positions on Council and they would welcome opening the conversation but
that some of the comments of late do not require their immediate response or defense.President Toy voiced her concern with the changes in election laws concerning voter registration,
absentee voting, and the costs involved with elections, and requested a Committee of the Whole meeting be held to discuss this issue and further discussion was held by Council.On a motion
by Toy, supported by Jolly, and unanimously adopted, it was:
#166-20RESOLVED, that upon the motion by Councilmember Laura Toy, seconded by Councilmember Jim Jolly, at the Regular Meeting held June 22, 2020, the Council does hereby refer the subject
matter of potential issues, difficulties, obstacles and expenses associated with the new election laws to the Committee of the Whole for its report and recommendation.
President McIntyre gave an update on the opening of City buildings and information supplied by Department Heads.A communication from the Department of Finance, dated June 4, 2020, re:
forwarding various financial statements of the City of Livonia for the month ending March 31, 2020, was received and placed on file for the information of the Council.On a motion by
Toy, supported byWhite, it was:
#167-20RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 22, 2020, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Play Environments Design, 563 College Avenue, Holland, MI 49423, for the playground removal
and replacement at Greenwood Park, for a total amount not to exceed $102,088.74, the same having been deemed the best design available for a sum not exceeding $200,000.00; FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed $102,088.74 from funds already budgeted in Account No. 101-709-974-000 for this purpose; and the Mayor and City Clerk
are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, with the aforesaid bidder and to do
all other things necessary or incidental to the full performance of this resolution.
#168-20RESOLVED, that whereas, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized
to make grants to units of local government to help finance community development programs; and
WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities,
principally for persons of low and moderate income; and
WHEREAS, to obtain its Fiscal Year 2020-2021 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the
City of Livonia must submit a Statement of Community Development Objectives and Projected Use of Funds, satisfactory assurances that the Program will be conducted and administered in
accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of its Final Statement
of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community
development and housing activities; the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate
income persons, and other important program requirements; (B) held a public hearing to obtain the views of citizens on community development and housing needs; and (C) provided citizens
an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year
2020-2021 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. FURTHER, the Director of Housing, Mayor,
and City Clerk shall have the authority to execute the sub-recipient contracts.
#169-20RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated May 26, 2020, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, and which references proposed Hold Harmless Contracts between the City of Livonia and First Step; Fair Housing Center of Metropolitan Detroit;
Wayne Metropolitan Community Action Agency; Cruz Clinic; Hegira Programs, Inc.; Stonebrook Counseling Associates, PLLC and City of Livonia Department of Community Resources for the period
July 1, 2020 through June 30, 2021, in connection with CDBG-funded victim assistance, fair housing initiative and mental health counseling programs, the Council does hereby authorize
the Mayor, City Clerk and Housing Director, for and on behalf of the City of Livonia, to execute Hold Harmless Contracts that are acceptable to the Law Department as to form and content,
as well as, to do all other things necessary or incidental to the full performance of this resolution.
#170-20RESOLVED, that having considered a communication from the Department of Law, dated April 30, 2020, approved for submission by the Mayor, in connection with proposed amendments
to Sections 2.10 of Article II, 4.12 of Article IV, 5.15 of Article V, and 16.02 of Article XVI, to make policy choices regarding the districts where medical marijuana facilities may
be located, the Council does hereby refer this matter to the City Planning Commission for the holding of a public hearing in accordance with provisions of Law and City Ordinance.A roll
call vote was taken on the foregoing resolutions with the following result:
AYES:Bahr, White, McCullough, Donovic, Jolly, Bahr and McIntyre
NAYS:None
The President declared the resolutions adopted.
Councilmember Toy gave First Reading to the following Ordinance:AN ORDINANCE VACATING THE USE OF
PORTIONS OF STREET, ALLEY AND PUBLIC
GROUND. (Petition 2020-02-03-01)
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.
Vice President Bahr gave First Reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF
PORTIONS OF STREET, ALLEY AND PUBLIC
GROUND. (Petition 2020-02-03-02)
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.
Jolly took from the table, for second reading and adoption, the following Ordinance:
AN ORDINANCE ADDING CHAPTER 37 (UNSOLICITED
WRITTEN MATERIALS) TO TITLE 8 OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:AYES: Bahr, White, McCullough, Donovic, Jolly, Toy and McIntyreNAYS: None
The President declared the foregoing Ordinance duly adopted, and would become effective on publication.On a motion by Jolly, supported by White, and unanimously adopted,
it was:#171-20RESOLVED, that having considered a communication from the City Treasurer dated June 5, 2020, regarding the replacement of sidewalks in the City of Livonia on the following
parcels in the following amounts:
Parcels of property and assessments, as outlined in the Treasurer’s letter, dated June 5, 2020, are included herein by reference;which work was done pursuant to Council Resolution Nos.
59-20, 23-19 and 101-18 and in accordance with the provisions of Section 12.04.340 of the Livonia Code of Ordinances, Title 12, Chapter 4, and the City Treasurer having thereafter sent
a statement of charges by first class mail to the owners of property to be assessed wherein notice of the meeting by the City Council of this date was given and at least 30 days having
expired since the giving of such notice with such charges remaining unpaid, the Council does hereby, pursuant to the provisions of Section 3.08.150 of the Livonia Code of Ordinances,
Title 3, Chapter 8, adopt this resolution wherein a special assessment is placed upon such property for said charges; FURTHER, the Council does hereby authorize installment payments
in the number of three (3) installments at 6% interest where assessments exceed $400 and the property owner has requested such installments; FURTHER, the Council does hereby request
that the City Treasurer shall give notice of the amounts herein determined to the persons chargeable therewith, such notice to be sent by first class mail to the last known address of
such persons as shown on the most current assessment roll of the City, and where payments herein authorized are not made within the specified time this fact shall be reported by the
City Treasurer to the City Assessor who shall charge such amount together with a penalty of 10% of such amounts against the persons or real property chargeable therewith on the next
general tax roll; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution.
On a motion by Toy, supported by Donovic, and unanimously adopted, it was:
#172-20WHEREAS, the City Clerk has received an application for Industrial Facilities Exemption Certificate from Kris Morris, Oakland Industries, LLC, for a facility which will be primarily
used as an office and warehouse location for Oakland Automation and Autotac, subsidiaries of Oakland Industries, LLC, located at 13017 Newburgh Road, Livonia, MI 48150. (Industrial Development
Overlay District #110);
WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the
local governmental unit in which the proposed equipment is to be located, i.e., the City of Livonia, and advised each of them that the said Application has been received; and
WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia, after granting this certificate, will not exceed 5% of an amount equal
to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and
WHEREAS, the City Council has afforded Oakland Industries, LLC, , the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this application
and said hearing having in fact been conducted at 7:00 p.m., Wednesday, June 1, 2020, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS:
1. That the City Council, on the basis of the information received from the applicant, Oakland Industries, LLC, finds and determines: (a) that the granting of this Industrial Facilities
Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies
an ad valorem property tax in the local governmental unit in which the equipment is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No.
198, P.A. 1974, as amended.
2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from Oakland Industries, LLC, for a facility which will be primarily used as
an office and warehouse location for Oakland Automation and Autotac, subsidiaries of Oakland Industries, LLC, located within the City of Livonia Industrial Overlay District No. 110,
for ten (10) years.
3. That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify
the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Administration
to negotiate such Letter of Agreement and authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement
as part of the documentation required to process applications for Industrial Facilities Exemption Certificates.
On a motion by McCullough, supported by Toy, and unanimously adopted, it was:#173-20WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special
Assessment District No. 437, more particularly described in Council Resolution No. 108-20, adopted on March 23, 2020, as required by the provisions of the City Charter and Title 3, Chapter
8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor
to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of installing 72-watt LED lights on Colonial post top poles in Capri Court
Site Condominiums located West of Farmington Road, South of Eight Mile Road, in the N.E. ¼ of Section 4, in said Special Assessment District No. 437; and the Council having conducted
a first public hearing on February 26, 2020 and a second public hearing on June 1, 2020, with regard to this matter;WHEREAS, the City Council has heard and carefully considered all objections
made to said assessments;NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity for the installation of 72-watt LED lights on Colonial post top poles,
and that the assessments set forth in said Special Assessment District No. 437 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans
of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 437 based on the installation of 72-watt LED lights on Colonial post top poles is hereby approved
and confirmed in all respects; pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on
the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose;
and further, a sum not to exceed $13,446.00 is hereby authorized to be expended from the cash payment posted by or collected from the developer of Capri Court Site Condominiums in order
to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project.
On a motion by McCullough, supported by White, and unanimously adopted, it was:#174-20WHEREAS, pursuant to due and proper notice published and mailed to all property owners in Special
Assessment District No. 438, more particularly described in Council Resolution No. 109-20, adopted on March 23, 2020, as required by the provisions of the City Charter and Title 3, Chapter
8 of the Livonia Code of Ordinances, as amended, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor
to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of installing 72-watt LED lights on Colonial post top poles in Dover Court
Site Condominiums located South of Ann Arbor Trail, Between Wayne Road and Norwich, in the S.W. ¼ of Section 33, in said Special Assessment District No. 438; and the Council having conducted
a first public hearing on February 26, 2020 and a second public hearing on June 1, 2020, with regard to this matter;WHEREAS, the City Council has heard and carefully considered all objections
made to said assessments;NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity for the installation of 72-watt LED lights on Colonial post top poles,
and that the assessments set forth in said Special Assessment District No. 438 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans
of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 438 based on the installation of 72-watt LED lights on Colonial post top poles is hereby approved
and confirmed in all respects; pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on
the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the
Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose;
and further, a sum not to exceed $12,382.00 is hereby authorized to be expended from the cash payment posted by or collected from the developer of Dover Court Site Condominiums in order
to defray the Detroit Edison contribution-in-aid costs connected with this street lighting installation project. On a motion by Toy, supported by Jolly, and unanimously adopted, it was:#175-20RESOLVED,
that having considered an application from Collin Buerkle, dated June 9, 2020, requesting permission to close Roycroft, between Woodring and Loveland, on Saturday, July 4, 2020, from
3:00 p.m. to 10:00 p.m., for the purpose of conducting a block party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval
of the Police Department.
Councilmember Jolly spoke about the Collin Buerkle and the value he has added to the Livonia community and to himself personally with his knowledge of the judicial system.
Mr. Buerkle thanked Council and Councilmember Jolly for his kind words.
On a motion by Toy, supported by McCullough, and unanimously adopted, it was:
#176-20RESOLVED, 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 Bahr, supported by Jolly, it was:RESOLVED, that having considered a communication from the City Engineer, dated June 12, 2020, approved by the Director of Public
Works, and approved for submission by the Mayor, wherein it is requested that Council amend the 2020 Concrete Road Program (Contract 20-C) to remove Gary Lane and use the funds thereby
saved for an alternative road segment, to be selected by the City Engineer and the Director of Public Works, the Council does hereby concur in said recommendation and authorizes the
City Engineer and Director of Public Works to select an alternative road segment for inclusion in the 2020 Concrete Road Program (Contract 20-C).
City Engineer Todd Zilincik spoke on this item and indicated that a petition was received by his department with nineteen signatures out of the twenty-seven residents or 70 percent on
Gary Lane who were against the reconstruction of the road.
The following residents spoke on this item:
Rose Carpenter, 18974 Gary Lane
Mr. Maxwell, 18854 Gary Lane
Mr. Young
Christine Slesak, 18777 Gary Lane
David Ciavaglia, 12997 Gary Lane
Giovanni Naccavato, 18965 Gary Lane
Amy Ciavaglia, 12997 Gary Lane
KimberlaJasinkiewicz, 18822 Gary Lane
An audience member
Following discussion by Council, the foregoing resolution was withdrawn and a substitute motion by Bahr, supported by Donovic, was made:
#177-20RESOLVED, that having considered a communication from the City Engineer, dated June 12, 2020, approved by the Director of Public Works, and approved for submission by the Mayor,
wherein it is requested that Council amend the 2020 Concrete Road Program (Contract 20-C) to remove Gary Lane and use the funds thereby saved for an alternative road segment, to be selected
by the City Engineer and the Director of Public Works, the Council does hereby reject the recommendation of the City Engineer and the request to remove Gary Lane from the 2020 Concrete
Road Program (Contract 20-C) and use the funds from this project for an alternative road segment is hereby denied.
A roll call vote was taken on the substitute motion with the following result:
AYES: Bahr, White, McCullough, Donovic, Jolly and Toy
NAYS: McIntyre
The President declared the substitute resolution adopted.
On a motion by Jolly, supported by Toy, and unanimously adopted, it was:
#178-20RESOLVED, that upon the motion by Councilmember Jim Jolly, seconded by Council Vice President, Scott Bahr, at the Regular Meeting held June 22, 2020, the Council does hereby refer
the subject matter of proposed ordinance changes and further clarification of the rules and regulations regarding mailboxes in the public right of way to the Law Department for its report
and recommendation.
On a motion by Bahr, supported by Donovic, it was:
#179-20RESOLVED, that having considered a communication from the Human Resources Director, dated June 15, 2020, which is approved for submission by the Mayor, the Council does hereby,
by a two-thirds roll call vote in accordance with Section 7(1) of the Open Meetings Act, direct that a Closed Committee of the Whole Meeting be held for the purpose of discussing negotiations
and attorney/client privileged communications in connection with Collective Bargaining Agreements.
John Hillers commented on this item stating this should not be done in private and there should be more transparency in what is being done with taxpayer money.
Following discussion by Council, a roll call vote was taken on the foregoing resolution with the following result:
AYES: Bahr, White, McCullough, Donovic, Jolly, Toy and McIntyre
NAYS: None
The President declared the resolution adopted.
Councilmember Toy announced that Judy Nagy, former City Assessor, passed
away.There was no Audience Communication at the end of the meeting.
On a motion byWhite, supported byBahr,and unanimously adopted, this 1,899th Regular Meeting of the Council of the City of Livonia was adjourned at9:33p.m. on June 22, 2020.
_____________________Susan M. Nash, City Clerk