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HomeMy WebLinkAbout2020-06-08 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 8, 2020 Meeting was called to order at 9:25 p.m. by President Kathleen McIntyre via Zoom remote technology. Present: Scott Bahr, Cathy White, Brandon McCullough, Rob Donovic, Jim Jolly, Laura Toy, and Kathleen McIntyre. Absent: None. Vice President Scott Bahr led the meeting in the Invocation. 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; Brandie Isaacson, Director of Housing; and Ted Davis, Superintendent of Parks and Recreation. Councilmember Laura Toy stated that she received an email stating that the Wayne County Commission meeting will be held Tuesday to discuss leasing two acres of Hines th Park. The meeting will be held at 11:00 a.m. on Tuesday, June 9. There was no Audience Communication at the beginning of the meeting. NEW BUSINESS 1. AWARD OF BID: Department of Parks & Recreation, re: for the Greenwood Park Playground Replacement, from budgeted funds. Ted Davis, Superintendent of Parks and Recreation, presented this request to Council. He stated they are asking for one playground replacement this year, they had initially bid for two playgrounds to be replaced, but one is all they’re asking for now which is for Greenwood Park. They are asking that Council award the bid to Play Environments Designs, for $102,088.74. He said the criteria for replacing this equipment is very simple in that structurally it is not sound. It was installed in 1997, and it is the first one in a while that they’ve seen that’s not structurally sound and does need to be replaced. Councilmember Jolly commended Davis and his staff for doing a great job updating the parks and keeping on top of these things and requested that he look for the most interactive, crazy playsets to make our parks more attractive and more appealing for the residents. Davis replied that Clements Circle Park is a great example and Jolly should look at that playground, as well as Castle Gardens, both of which are new playgrounds that are really vertical, it looks imposing, and would attract older youth as well. Councilmember McCullough offered an approving resolution for the Consent Agenda, stating that he looked over the plan and he thinks it’s pretty cool, there’s 2 a fire truck in there, and other equipment, and asked for the timetable of when it should be complete. Davis stated they are hoping during this summer but typically playground companies at this point focus on school districts and get as many schools done in the summer but obviously with Covid-19 Capital Budgets have been affected and he thinks because of that we will be moved to the top of the line, and he would expect it should be completed within the next couple of months. Councilmember Donovic stated he lives in Clements Circle and he has thought many times to take on the new playground equipment but that the neighborhood loves it and it does attract a lot of kids there all the time, old and young alike. He then asked Davis if there is a wish list of future parks to update. Davis replied it’s hard to tell now how much the budget will be impacted for future years, but that there’s always a wish list and their updated five-year Capital Plan lays out their wish list moving forward and helps them plan for grant opportunities. He said the Plan included 36 sites and 7.5 million dollars, which would pretty much be every park in the system. President McIntyre asked Davis for an update on the opening of playgrounds and outdoor pools. Davis replied right now outdoor playgrounds are open throughout the City, the Dog Park is open, there will be field rentals and pavilion rentals starting thnd June 15, starting June 22 summer classes will begin, they’ll be moving most of the fitness classes outdoors to start because that is allowed per Executive Order. They also anticipate their outdoor pools opening very soon around that date, Botsford and Clements Circle. The playground program is allowed to operate and they are looking at a late June start for that and they are looking for Camp Swoosh th to begin July 6 and obviously that will be very dependent on future Executive Orders that the Governor’s office releases. DIRECTION: APPROVING CONSENT 2. REQUEST FOR APPROVAL OF THE 2020-21 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG); ANNUAL ACTION PLAN DRAFT AND BUDGET; AND REQUEST TO APPROVE 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: Livonia Housing Commission, re: in connection with the operation of a domestic violence victim assistance program; for the purpose of providing fair housing; and for the mental health counseling program provided for through the Community Development Block Grant (CDBG) programs for the 2020-2021 program year. (CR 46-20) Brandie Isaacson, Director of Housing, presented this request to Council. She stated that she had come before City Council back in February to request approval for the Proposed Community Development Block Grant Budget and then the 3 estimated amount of funding the City will receive from the Department of Housing and Urban Development. She stated they have received their allotment which will be $333,446.00 for the grant year of 2020/2021, in addition to program funds they will be receiving from rent from their Affordable Housing Program, as well as program income from repayment of loan and possibly the sale of one of their houses that is upcoming. The program will consist of a major home improvement program for Livonia residents who otherwise may not be able to seek funding for home improvements. They are able to come to the Housing Department and will be offered a low or zero interest loan as well as some grants. In that funding is we also participate with the Livonia Public Schools Trades Program, they’re currently working on Auburndale, so once the schools go back, the Trades Program, juniors and seniors will work on the current house they have. They will also be purchasing a lot for a possible new build in the future. She stated she is asking Council’s approval so they can move forward and submit their application for the 2020/2021 Grant Year. Councilmember Toy stated these programs are invaluable to the City and thanked Isaacson for the great work she has done over the years. She then offered an approving resolution for the Consent Agenda. President McIntyre asked Isaacson to update Council on the number of people that were tested at their three Senior Housing facilities. Isaacson stated there are 364 units combined between McNamara Towers I and II, Silver Village, and Newburgh Village. They had approximately 65% participation rate with the testing and they sent out personal protection equipment to all those residents. She said the testing was really important, they wanted to get that done, but it was equally important providing the masks and sanitizer and information on how to prevent the spread of the Corona virus. She stated so far they have offered the testing to over 700 Livonia residents in our senior communities and passed out personal protection equipment to all of those participants. DIRECTION: APPROVING CONSENT 3. PROPOSED AMENDMENT TO ZONING ORDINANCE NO. 543, AS AMENDED: Department of Law, re: to amend Section 2.10 of Article II to make policy choices regarding the districts where medical marijuana facilities may be located. Paul Bernier, City Attorney, presented this request to Council. He stated he has to give an historical approach on this. What they are asking the Council to do is to refer this to the Planning Commission for a possible change in the Zoning law. By way of explanation and history, as the Council is aware, back many years ago marijuana was easy to figure out because it was illegal. Then the voters approved medical marijuana which changed the law and allowed for medical marijuana. Then there was the licensing act and now we have recreational marijuana. As a result the City has a variety of different laws that we’re dealing with and trying to 4 figure them all out at one time. When medical marijuana came into play, it allowed for a medical provider, a medical marijuana provider to have up to five patients and if that person were a medical marijuana user himself, himself could have twelve plants so he could have 72 plants. In the case of TerBeek v Wyoming, it was taken to the Supreme Court and the Supreme Court basically told the municipality that we could not use our Zoning laws where medical marijuana caregivers could operate. So, consequently the caregivers, if it were a legitimate medical marijuana caregiver operation and the person had his card and the patients had their five cards, they could grow up to 72 plants in their residential house. Very recently we had a surprise decision by the Michigan Supreme Court basically changing their minds, allowing us as a City to have a Zoning Ordinance as it pertains to medical marijuana. And I want to draw the distinction between medical marijuana and recreational marijuana. Because if a person under recreational marijuana can have their 12 plants and there’s nothing that any city can do about it nor are we trying to do anything about it. So what we’re trying to do is dealing with the medical marijuana where somebody has up to 72 plants in a residence. We’ve had, in talking to the Police Chief and the Fire Chief, we’ve had several fires in houses that have burned to the ground. I’m not talking about whether we’re for or against medical marijuana, but in a residential neighborhood with improper wiring and improper equipment, it’s causing some serious problems. It’s causing problems to the neighbors who have to live next door to it and our First Responders are put in danger. With the last one that we had it was where they were cooking down into wax which is highly flammable and the house went up. Every time our Fire Department goes into one of those houses, we’re putting them at risk. So what we’re proposing under the new decision, we can’t eliminate the medical marijuana under the caregivers, but we can have the zoning. So the thought that we had was let’s move it to somewhere where it’s safe at least, get it out of the residences, the R-1 through R-5, and the R-U-F, and include it in the M-1 and M- 2 zone and look at that. So we’ve proposed an ordinance that we would like the Planning Commission to take a look at to make proposals to Council on what is the wise place to have medical marijuana facilities, and these are the grow operations. Councilmember Donovic asked Bernier if this ordinance would become law, would this eliminate residential medical marijuana grow operations so that a homeowner could no longer grow in their personal residence, they’d have to in an M-1 or M-2, or whatever the Planning and City Council come to a conclusion. Bernier replied this is where it gets confusing, it could eliminate the medical marijuana grow operations, but it doesn’t eliminate the personal use on the recreational. So, for instance, if I wanted to grow 12 plants in my basement for my own personal use, I could still do that, it’s preventing the growing of the medical marijuana in a residential neighborhood. Councilmember White clarified the action that Bernier was requesting on this item. 5 Bernier replied it’s a zoning matter so it would have to go to the Planning Commission for their consideration and making it an official recommendation to the Council. Their recommendation may be totally different than what we’ve recommended, but it will give everybody a chance to have an intelligent discussion on the issue. Councilmember White offered an approving resolution for the Consent Agenda. Councilmember Toy asked if the Inspection Department would be the department to confirm compliance in the M-1, M-2 district, make sure it’s functioning correctly. Bernier replied that currently there are businesses in Livonia that are medical marijuana grows, we know they’re there because when they have submitted plans to the Planning Commission it’s listed right on there, medical marijuana grow facility. And we have determined that they are within the law and they’re locked up and secured the proper way, they have their cards, we have no issue with it. What we’re checking is to make sure that they have proper electrical, proper ventilation, all the permits that they need so it’s not a danger to the community. Because what we have right now is completely unregulated. You may remember the one house up on Carl, a beautiful house that they absolutely destroyed and destroyed the neighborhood because they turned it into a grow operation. We had another house up on Middlebelt between Six and Seven Mile, burnt to the ground. Another house on Merriman and Curtis, they were cooking wax, burnt to the ground because there is no supervision of that. So the bottom line is it gives us a little better opportunity to make sure that it’s being done properly. DIRECTION: REFER TO PLANNING COMMISSION CONSENT AUDIENCE COMMUNICATION During Audience Communication Julie McEvoy commented that she and her husband have lived in Livonia since 1972, raised four children in the City, and all of their children and their parents have been at one time or another, been stopped by police. It happens. And the police have always been thoughtful, if they receive tickets they explain why they’re being stopped. We always raised our children to be respectful of police. If you’re stopped, you’re respectful of the police officer. If people raise their children that way, that’s how they will be treated by the police. She stated she takes great offense to hear the leadership in the City to be called racist. People bring subjective opinions to what they see on Facebook. The written word is not always indicative of the spirit by which the person wrote their words. We know you. We know people who preceded you. We’ve known all of the mayors of Livonia since we’ve lived here and she just wants to say on behalf of her family, and there are many other people in Livonia who agree with her on this, that they respect everything you do. You work hard. You’re not getting rich doing these jobs and they very much appreciate everything you do. Thank you for the way you’ve handled the last few weekends and what’s gone on in between. She thinks you 6 all do a wonderful job, are respectful of the community, you love the community, and it’s apparent, so thank you. President McIntyre thanked her for her kind words. During Audience Communication Angela stated she was born in Northern Michigan but has lived in Metro Detroit for eleven years and has been a Livonia resident for seven years. She said the last two weeks haven been eye opening for her. She always identified herself as not racist, she didn’t see skin color and she thought of everyone as equal and needs to be treated equally. As a healthcare professional she has always been aware of the socioeconomic determinant of health to minorities, specifically black Americans in our country. But regrettably, she, like other white Americans right now never realized or considered her contributions to that problem. She has come to realize in the past few weeks this is because she has not been affected by it and that is because the system was built this way. The system policies, procedures and practices were built for people like her and people like the members of the City Council and 90% of Livonia residents. She has made a conscious decision to take time to listen, learn, and do a little introspection. Listen to our black community members, their experiences dealing with racism, prejudices, and inequality. She has stopped defending, denying, deflecting, and avoiding and what happened is she was forced to see some uncomfortable truth. The first was acknowledging the extent of her privilege. The second is that her white ancestors were violent and oppressive towards African Americans and that our communities have been built on racist policies, practices, and procedures. And it has been extremely painful to her to come to this realization. She felt guilt, anger, and sadness. She was overwhelmed with how little she knew about black history in our country and how little she knew about current policies, practices and procedures in place that continue to oppress black Americans. How little she knew about things such as sundown towns, redlining or the extent to which African Americans are profiled by law enforcement, whether that be subconscious or unconscious bias. What has happened in our past from our ancestors and predecessors is not our fault personally but we’re at a turning point in history and the decisions that we make today are our responsibility. We will be remembered for them. This is not us versus police, this is us versus systemic oppression, racism, and inequality. I leave you with this thought: We can choose to face uncomfortable truths and admit that systemic racism exists, not only nationally, but here in Livonia. Admit our contribution to the problem, whether intentional or unintentional, and then work together towards dismissing racist policies and move towards investing in a system, community that is diverse and one that values every single person no matter their skin color or we can choose to remain silent and do nothing. Because at this point ignorant and unaware is no longer an excuse, it is a choice. You have the ability to end 400 years of racism and oppression and with the world and community watching, we’re at a defining point in our country’s history. I just implore you to ask yourself what role are you going to choose. Thank you. President McIntyre thanked Angela for her comments. 7 As there were no further questions or comments, President McIntyre adjourned the Study Session at 9:55 p.m. on Monday, June 8, 2020. th For the 1,899 Regular Meeting of June 22, 2020 DATED: June 10, 2020 SUSAN M. NASH, CITY CLERK