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City Council Regular Meeting

Regular Meeting

Lathrup Village, MI · January 25, 2021

AgendaMinutes

Minutes

CITY OF LATHRUP VILLAGE CITY COUNCIL MEETING MINUTES JANUARY 25, 2021 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF LATHRUP VILLAGE HELD ON MONDAY, JANUARY 25, 2021 HELD REMOTELY VIA-ZOOM. The meeting was called to order at 7:02 p.m. by Mayor Garrett and Roll Call was taken. Present: Mayor Mykale Garrett and Mayor Pro Tem Bruce Kantor Council members Ian Ferguson and Saleem Siddiqi Excused: Council member Donna Stallings Present: City Administrator, Dr. Sheryl L. Mitchell Theriot, Assist. City Administrator/Treasurer, Pamela Bratschi, City Attorney, Scott Baker, Police Chief, Scott McKee, Director, Community and Economic Development, Susie Stec, Government Operations, Kelda London and City Clerk, Yvette Talley Also Present: Jill Bahm, Giffels Webster and Daniel Sugg, Chair – DDA Board This meeting was held remotely. All City Council Members stated they are located in Lathrup Village, Michigan, Oakland County. Mayor Pro Tem Kantor stated he is in Harbor Springs, Michigan, Emmet County. MAYOR INVITED ALL PRESENT TO JOIN IN THE PLEDGE OF ALLEGIANCE CO-21-07 MOTION TO EXCUSE COUNCIL MEMBER STALLINGS Motion by Council member Ferguson, seconded by Mayor Pro Tem Kantor to excuse Council member Donna Stallings from this meeting. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. CO-21-08 Approval of Agenda Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to approve the Agenda. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. CO-21-09 Presentation Dr. Nat Pernick, The Voter’s Challenge – He created this challenge to encourage more people to vote. Donated $500 to The Children’s Garden. The City of Lathrup Village came in 4th place in the 2020 Voting Challenge with a turnout of 80.45%. 1 CITY OF LATHRUP VILLAGE CITY CONCIL MEETING MINUTES JANUARY 25, 2021 CO-21-10 CITY COUNCIL CONVENE AS ZONING BOARD OF APPEALS Motion by Mayor Pro Tem Kantor, seconded by Council member Siddiqi to convene as Zoning Board of Appeals. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. CO-21-11 MOTION TO RECONVENE AS CITY COUNCIL Motion by Board member Kantor, seconded by Board member Siddiqi to reconvene as City Council. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. Please review Zoning Board of Appeals meeting minutes of June 22, 2020. CONSENT AGENDA CO-21-12 Approval of Minutes – Council Meeting December 21, 2020 Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to approve the minutes for December 21, 2020 Study Session Meeting. Ayes: Ferguson, Garret, Kantor, Siddiqi No: None Motion carried. CO-21-13 Approval of Minutes – January 4, 2021 –Special City Council Meeting Motion Mayor Pro Tem Kantor, seconded by Council member Ferguson to approve the minutes for January 4, 2020 Special City Council Meeting. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. CO-21-14 Approval of Minutes – December 21, 2020 Study Session Meeting Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to approve the minutes for December 21, 2020 Study Session meeting with corrections. 2 CITY OF LATHRUP VILLAGE CITY CONCIL MEETING MINUTES JANUARY 25, 2021 Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. CO-21-15 APPROVAL OF THE MONTHLY DISBURSEMENT REPORTS FOR THE MONTH OF DECEMBER 2020 Motion by Mayor Pro Tem Kantor seconded by Council member Ferguson to approve the Monthly Disbursements for the month of November 2020: October Disbursements w/Salary Included FUND 101 GENERAL FUND $ 331,161.01 FUND 202 MAJOR ROADS $ 14,290.14 FUND 203 LOCAL ROADS $ 40,592.14 FUND 258 CAPITAL FUND $ 560.00 FUND 494 DOWNTOWN DEV AUTH $ 15,967.77 FUND 592 WATER & SEW. $ 210,113.89 $ 612,684.95 Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. CO-21-16 CONSIDERATION OF A MOTION TO ACCEPT DEPARTMENTAL REPORTS Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to approve the Departmental Report. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. CO-21-17 PUBLIC COMMENT FOR ITEMS ON THE AGENDA None CO-21-18 PUBLIC HEARINGS – SPECIAL ASSESSMENT Dr. Sheryl Mitchell Theriot gave an overview and answered specific questions. The Special Assessment is for expenses that have been incurred and remain unpaid and are otherwise subject to being specially assessed to various owners and parcel for general purposes for example, weed mowing, delinquent water and sewage disposal charges, nuisance abatement and refuse clearing. 3 CITY OF LATHRUP VILLAGE CITY CONCIL MEETING MINUTES JANUARY 25, 2021 Mayor Garrett opened the public hearing. There were no comments. Mayor Garrett closed the public hearing. CO-21-19 ACTION REQUESTS - FOR CONSIDERATION/APPROVAL A. Consideration of Special Assessment Resolution#2-Roll No. 2020-01 Dr. Mitchell gave an overview and answered specific questions. Motion by Mayor Pro Tem Kantor, seconded by Council member Siddiqi to adopt Resolution #2 for Special Assessments – Roll No. 2020-01. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. B. Consideration To Approve the FY 2020-21 Budget Amendments Dr. Sheryl Mitchell Theriot gave an overview and answered specific questions. Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to approve the Budget Amendments as submitted by the City Administrator for the fiscal Year 2020-2021 Budget. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. C. Consideration of the Approve the Policy Relative to the Review and Granting of Poverty Exemptions by the City of Lathrup Village Board of Review Dr. Mitchell Theriot gave an overview and answered specific questions. Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to Adopt the Policy and Resolution Relative to the Review and Granting of Poverty Exemptions by the City of Lathrup Village Board of Review. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. D. Consideration of Approval of the Independent Contractor Agreement for Special Event Services Dr. Mitchell Theriot gave an overview and answered specific questions. 4 CITY OF LATHRUP VILLAGE CITY CONCIL MEETING MINUTES JANUARY 25, 2021 Motion by Mayor Pro Tem Kantor, seconded by Council member Siddiqi to approve the Independent Contractor Agreement for Special Services. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. E. Consideration to Approve the Ordinance To Amend the Lathrup Village Zoning Ordinance Parking as a Special Use-R1 District Jill Bahm gave an overview and answered specific questions. November 30, 2020 there was a joint meeting with City Council, Planning Commission and the Downtown Development Authority (DDA) to discuss this matter. Also Planning Commission held a public hearing on December 15, 2020- there were no comments from the public at either meeting. Motion by Council member Ferguson, seconded by Mayor Pro Tem Kantor to approve the Ordinance Amending the Lathrup Village Zoning Ordinance relative to the R1 District amending: Section 3.1.2 of the Zoning Code to allow parking as a special land use; and Section 4 of the Zoning Code by adding Section 4.16 to add standards for parking. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. F. Staff Reorganization Dr. Mitchell Theriot gave an overview and answered specific questions. Daniel Sugg – Chair, DDA Board – was present for questions. Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to Approve the Staff Reorganization as presented, creating the job titles of Director-Community & Economic Development; DDA & Special Projects Manager; and Director – Parks & Recreation and authorize the budget amendments to reflect the new salaries, fringe benefit costs and cost-sharing with the DDA, effective February 1, 2021. Ayes: Garrett, Ferguson, Kantor, Siddiqi No: None Motion carried. G. Consideration to Approve the Downtown Development Cost Share Agreement – 2021-2026 5 CITY OF LATHRUP VILLAGE CITY CONCIL MEETING MINUTES JANUARY 25, 2021 Susie Stec gave an overview and answered specific questions. Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to approve the attached Lathrup Village – Downtown Development Authority Cost Sharing Agreement for 2021-2026 and authorize the Mayor and City Administrator to sign on behalf of the City of Lathrup Village. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. H. Consideration of Approving the Bylaw Amendments to the Lathrup Village Downtown Development Authority (Changing the Number of DDA Members from 10 to 9) Susie Stec gave an overview and answered specific questions. Motion by Mayor Pro Tem Kantor, seconded by Council member Siddiqi to Approve the amendments to the Downtown Development Authority Bylaws. The City Clerk is requested to certify the approval and refer the Bylaw Amendments to the Directors of the Lathrup Village Downtown Authority for their adoption. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. I. Consideration of Approving Appointments – Downtown Development Authority (2 or 3 seats) Susie Stec gave an overview and answered specific questions. Motion by Council member Ferguson, seconded by Council member Siddiqi to Appoint to the Downtown Development Authority: Mark Watts for term ending February 1, 2023 Pamela Shermeyer for term ending February 1, 2025 And eliminate the alternate position and reduce the size of the DDA Board to Nine (9) Members. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. J. Consideration of Approving Appointment – Board of Review (3 seats) 6 CITY OF LATHRUP VILLAGE CITY CONCIL MEETING MINUTES JANUARY 25, 2021 Dr. Sheryl Mitchell Theriot gave an overview and answered specific questions. Motion by Mayor Pro Tem Kantor, seconded by Council member Siddiqi to Appoint to the Board of Review: Rhonda Wilson for term ending December 31, 2022 Regina Jones for term ending December 31, 2023 Leonard Alford III for term ending December 31, 2024 Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. K. Acknowledgement of Receipt of Black History Month City Council acknowledge receipt of the proclamation for the Month of February as Black History Month. CO-21-20 CITY ADMINISTRATOR REPORT Dr. Mitchell Theriot reported – February 1st Study Session meeting will be a Zoom meeting. There will be a Joint meeting with the Planning Commission February 8th at 6:00 p.m. regarding the Primary Caregiver Facility ordinance. The Administrative office are closed daily 12:30 p.m.- 1:30 p.m. for lunch. There were over 500 applications received for the Administrative Assistant position and she will be taking a look at them. Holiday lights remain on for the Presidential COVID-19 memorial - in memory of lives lost during the pandemic, the ceremony was January 19th. Oakland County Water Resource Commissioner - Jim Nash will meet with the Council and staff via Zoom February 12th at 9:00 a.m. to discuss the new initiatives and updates to the sanitary drains. Officer Michael Tackett has been promoted to Sergeant. Police and Command Officers’ contracts have been completed. Opening in the city will be a drive-thru COVID-19 testing clinic south of city hall. Reported that the brick wall that collapsed has been completed. Thanked all of the residents who participated/donated in Lighthouse of Oakland County. Spring classes are being held virtually and in person- check the website for more information on registration. Two street projects 11-mile service drive-applied for funding, we may not have enough points to be awarded but we will apply next year or they may have to redistribute funds. Oakland County Road Commission - Southfield Road between 11- and 12-mile Road - there is no federal funding to totally reconfigure so what they are suggesting is moving forward with the paving programming which will cost approximately $5 million. Oakland County Road Commission, City and the DDA are required to do a 10% match of about $500,000 each. (this will do the base repair and 3-4 inches of asphalt) Looking to improve the drainage and ditches along Southfield Road and the road will remain 5 lanes. Funding will be available and project completed by 2024.(the restructure will last about 15 years) CO-21-21 CITY ATTORNEY Scott Baker stated the City has been served with 3 separate lawsuits from JMC Properties, LLC. The matter has been turned over to the insurance carrier and assigned counsel because they are seeking monetary damages from the city. 7 CITY OF LATHRUP VILLAGE CITY CONCIL MEETING MINUTES JANUARY 25, 2021 CO-21-22 REPORTS OF BOARDS COMMISSIONS AND COMMITTEES Susie Stec reported that Oakland County has provided the Restaurant weatherization program has $30,00 funds for eligible restaurants be used for PPE, supplies, computers etc. Applications are due February 4, 2021. Upcoming is fireside Friday – every Friday in February from 11:00 a.m. -1:00 p.m. at the pavilion bring (BYOB) bring your own blanket and lunch. For more information check the city’s website. There will be a webinar - financial planning February more information will be posted on website. Recovery planning workshop through the National Mainstreet Center and the last session Wednesday, January 27 with more information on how to help businesses recover from COVID-19. Jill Bahm reported on the Planning Commission Annual report- five site plan reviewed by the Planning Commission in 2020, there were public hearings for PUD, special land use and rezoning applications and the comprehensive plan which will come before City Council March 2021. CO-21-23 UNFINISHED/NEW BUSINESS None C0-21-24 PUBLIC COMMENTS None CO-21-25 MAYOR AND CITY COUNCIL COMMENTS Mayor Pro Tem Kantor stated reminder to do the self- identification for the water line material. For more information go to the city’s website – www.lathrupvillage.org. Mayor Garrett reminded residents of their responsibility to remove the snow from their sidewalks. CO-21-26 ADJOURNMENT Motion by Mayor Pro Tem Kantor, seconded by Council member Ferguson to adjourn this meeting. Ayes: Ferguson, Garrett, Kantor, Siddiqi No: None Motion carried. The meeting was adjourned at 8:07 p.m. Transcribed by Yvette Talley ________________________________ _______________________________ Mykale Garrett, Mayor Transcribed by Yvette Talley City Clerk 8

Agenda

CITY COUNCIL ADMINISTRATION Hon. Kelly Garrett Dr. Sheryl L. Mitchell Mayor City Administrator Hon. Bruce Kantor Pamela Bratschi Mayor Pro Tem City Treasurer Hon. Saleem Siddiqi Council Member CITY COUNCIL Scott McKee Chief of Police Hon. Ian Ferguson CITY OF LATHRUP VILLAGE Yvette Talley Council Member 27400 Southfield Road, Lathrup Village, Michigan 48076 City Clerk Hon. Donna Stallings REGULAR MEETING-REMOTE Susie Stec Council Member AGENDA Comm. & Econ. Dev. DDA Director CITY ATTORNEY Scott Baker, Esq. MONDAY, JANUARY 25, 2021 Christopher Clough Baker & Elowsky Council Chambers Parks & Recreation City Attorney 7:00 p.m. ZOOM REMOTE MEETING INFORMATION Webinar ID: 981 8678 2069 Password: 693938 Online: https://zoom.us/j/98186782069?pwd=N0NUSjhkZUdxNm4xYm5OQzBqYVdYdz09 Telephone: 646.558.8656 or 312.626.6799 Public Comment Form: https://www.surveymonkey.com/r/LV_01_25_2021_CouncilMeeting In accordance with Emergency Orders issued by the Michigan Department of Health and Human Services, Oakland County, local officials, and State of Michigan legislation, which allows for electronic meetings of public bodies, notice is hereby given that the City of Lathrup’s City Council will be meeting electronically using www.Zoom.US for videoconference and public access. AGENDA ITEMS 1. Call to Order by Mayor Garrett (in accordance with PA 254 of 2020, the members should identify their physical location by stating the county, city, township, or village and state from which he or she is attending the meeting remotely). 2. Roll Call 3. Pledge of Allegiance 4. Approval of Agenda 5. Presentation – Dr. Nat Pernick, The Voter’s Challenge – The Children’s Garden 6. Call to Order – Zoning Board of Appeals A. Public Hearing – 27215 Southfield Road, Lathrup Village, MI 48076 (Appeal No. 712-21) The Zoning Board of Appeals for the City of Lathrup Village will hold a Public Hearing on an appeal filed by Rami Yusubov, property owner at 27215 Southfield Road, Lathrup Village, Michigan 48076 to obtain a variance from the Section 5.5 of the City of Lathrup Village zoning ordinance as follows: 1. Chapter 5.5 Protective or Barrier Walls Required - requires a masonry or stone barrier wall between the applicant’s property and the adjacent R1 lot. The applicant is proposing to leave the existing trees and is seeking a variance from the barrier wall requirement of Section 5.5. Approval of the Zoning Board of Appeals is required. B. Motion To Postpone Zoning Board of Appeals Public Hearing & Meeting until February 22, 2021 at 7:00pm C. Adjourn Zoning Board of Appeals and Reconvene Council Meeting All items listed under “Consent Agenda” are considered to be routine and non-controversial by the City Council and will be approved by one motion. There will be no separate discussion. If a discussion is desired, that item(s) will be removed from the consent agenda and discussed separately immediately after consent agenda approval in its normal sequence on the regular agenda. 7. Consent Agenda A. Approval of Minutes –Study Session – December 21, 2020 B. Approval of Minutes –Council Meeting – December 21, 2020 C. Approval of Minutes – Special Meeting – January 4, 2021 8. Consider / Approval of Monthly Disbursement Reports for the Month of December 2020 and Quarterly Investment Report – Period Ending December 31, 2020: Motion to Approve Disbursements for The Month of December 2020. This Reflects Expenditures from The General Fund, Which Includes: Police and Fire Services; Recreation Dept; Major Roads; Local Roads, Water & Sewer Services, and for The Downtown Development Authority. 9. Consider / Acceptance of the Department Reports 10. Public Comment For Items on the Agenda (Speakers are limited to 3 minutes) 11. Public Hearings – Special Assessment Public Hearings 12. Action Requests – For Consideration/Approval: A. Adopt Special Assessment Resolution #2 – Roll No. 2020-01 B. FY 2020-21 Budget Amendments C. Resolution – Adopted Policy Relative to the Review and Granting of Poverty Exemptions by the City of Lathrup Village Board of Review D. Independent Contractor Agreement for Special Event Services E. Ordinance Amending the Lathrup Village Zoning Ordinance (Parking as a Special Use – R1 District) F. Staff Reorganization G. Lathrup Village Downtown Development Cost Share Agreement – 2021-2026 H. Resolution – Approving the Bylaw Amendments to the Lathrup Village Downtown Development Authority (Changing the Number of DDA Members from 10 to 9) I. Appointment – Downtown Development Authority (2 or 3 seats) J. Appointment - Board of Review (3 seats) K. Resolution – Honoring Black History Month 13. City Administrator Report 14. City Attorney Report 15. Reports of Boards, Commissions and Committees a. DDA Annual Report 2020 b. Planning Commission Annual Report 2020 16. Unfinished / New Business 17. Public Comment (Speakers are limited to 2 minutes) 18. Mayor and Council Comments 19. Adjourn

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