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HomeMy WebLinkAboutInterlocal Agreements - 2020.11.19 - 34109 January 28, 2021 Michigan Department of State Office of the Great Seal Richard H. Austin Building, 1st Floor 430 W. Allegan Lansing, MI 48918 Dear Office of the Great Seal: On November 19, 2020 the Board of Commissioners for Oakland County entered into an agreement per MR #20606 – Board of Commissioners – Approval of Reimbursement Application for Disbursement of Funds from the Oakland Together Local Government Partnership Grant Program – City of Southfield. As required by Urban Cooperation Act 7 of 1967 - MCL 124.510(4), a copy of the signed agreement with the County of Oakland and the City of Southfield, and the authorizing Board of Commissioners Resolution are enclosed for filing by your office. Send confirmation of receipt of this agreement to: Mr. Joseph Rozell, Director of Elections Oakland County Clerk/Register of Deeds County Service Center, Building #14 East 1200 N. Telegraph Rd. Pontiac, MI 48341 (Please include our Miscellaneous Resolution number on the confirmation of receipt letter for filing purposes.) Contact our office at (248) 858-0564 if you have any questions regarding this matter. Sincerely, COUNTY OF OAKLAND Joseph J. Rozell, CERA Director of Elections Cc: Pat Davis, Corporation Counsel, Oakland County Donna Dyer, Corporation Counsel, Oakland County Sherikia Hawkins, Clerk, City of Southfield Hilarie Chambers, Chief Deputy Executive, Oakland County Enclosures Approved August 31, 2020 REGULAR MEETING OF THE COUNCIL CITY OF SOUTHFIELD June 22, 2020 INDEX RESOLUTION TOPIC PAGE(S) 2020.129 APPROVE Joint Resolution – Provost Maria Vaz Day .......................... 1-2 2020.130 APPROVE the Minutes for the Committee-of-the-Whole Meeting of June 1, 2020 .............................................................................................2 2020.131 APPROVE Facility Maintenance Budget Transfer Request .......................3 2020.132 APPROVE Purchase of Replacement Bottles for the Fire Department’s Self Contained Breathing Apparatus System ........................3 2020.133 APPROVE Formation of Southfield Wildlife Advisory Commission ............................................................................................. 3-5 2020.134 APPROVE Receipt of Bids for Elevator/Escalator Maintenance Services ..................................................................................5 2020.135 APPROVE Renewal of Lobbyist Contract with Governmental Consultant Services, Inc. ................................................. 5-6 2020.136 APPROVE Receipt of Bids on Water Main Installation and Repairs Parts for the ....................................................................................6 2020.137 APPROVE Purchase Compactor for Public Works & Code Enforcement Departments ....................................................................... 6-7 2020.138 APPROVE Authorization to Apply for Oakland County’s 2020 Local Road Improvement Program .....................................................7 REGULAR MEETING 2 JUNE 22, 2020 RESOLUTION TOPIC PAGE(S) 2020.139 APPROVE 2019-2020 Community Development Block Grant CARES Act (CDBG-CV) Public Hearing ..................................... 7-9 2020.140 APPROVE PSLU20-0003, Special Use Request of NTK Investments, LLC, to covert an existing industrial building to a Medical Marihuana Grower and Processor, property located at 21680 W. Eight Mile Road .................................................... 9-10 2020.141 APPROVE PSLU20-0006, Special Use Request of SOVA Group Properties 1, LLC to convert an existing industrial building to a 12,575gsf Medical Marihuana Grower and Processor, property located at 21260 W. Eight Mile Road .................................. 10-12 2020.142 APPROVE PZR20-0003, Rezoning Request of Southfield Non-Profit Housing to rezone a total of 1.836 acres of land spread over four properties from R-1 Single Family Residential to RT Attached Single Family ............................................................. 12-13 2020.143 INTRODUCE Ordinance No. 1721, PZR20-0003, Rezoning Request of Southfield Non-Profit Housing ................................................13 2020.144 APPROVE PZTA20-0001, Council-initiated Zoning Ordinance Text Amendment ................................................................................. 13-17 2020.145 INTRODUCE Ordinance No. 1722, PZTA20-0001, Council- Initiated Zoning Ordinance Text Amendment ...........................................17 ***** COMMUNICATIONS Portion ..................................................................17 ***** COUNCIL Portion .....................................................................................18 ***** MAYOR Portion ........................................................................................18 ***** ADMINSTRATION Portion .....................................................................18 2020.146 APPROVE Agreement for CARES Act Distribution ................................18 ***** ATTORNEY Portion .................................................................................19 2020.147 APPROVE Fireworks Ordinance Amendment ..........................................19 REGULAR MEETING 3 JUNE 22, 2020 RESOLUTION TOPIC PAGE(S) 2020.148 INTRODUCE and ENACT Ordinance No. 1723, Fireworks Ordinance Amendment ..............................................................................19 2020.149 APPROVE Ordinance Amendment to Permits and Bonds and Streets and Sidewalks ..............................................................19 2020.150 INTRODUCE Ordinance No. 1724, Ordinance Amendment To Permits and Bonds and Streets and Sidewalks .....................................20 ***** CLERK Portion ..........................................................................................20 ***** TREASURER Portion ...............................................................................20 2020.151 ENACT Ordinance No. 1719, PZR19-0007, Maple Tree Apartments, LLC, rezone 4.09 acres of property from R-1 Single Family Residential and RMM Multiple Family (Medium Rise) to RT attached Single Family ...........................................................20 2020.152 ENACT Ordinance No. 1720, PZRODD19-0005, Cite Centre Real Estate Group to amend existing City Centre II Overlay Development District Development Agreement to expand hours ....... 20-21 Approved August 31, 2020 REGULAR MEETING OF THE COUNCIL CITY OF SOUTHFIELD MINUTES June 22, 2020 The meeting of the Council convened at 6:00 p.m. via teleconference with Council President Lloyd Crews in the Chair. PRESENT: Council Members: Nancy Banks, Daniel Brightwell, Lloyd Crews, Jason Hoskins, Michael Ari Mandelbaum, Tawnya Morris and Linnie Taylor. ALSO PRESENT: Mayor Kenson Siver, City Clerk Sherikia Hawkins, City Administrator Frederick Zorn and City Attorney Dawn King. There being a quorum, Council was in session. The meeting began with Councilman Daniel Brightwell stating the Pledge of Allegiance. Mayor Siver presented a Joint Resolution declaring “Provost Maria Vaz Day, June 30, 2020” in the City of Southfield. Dr. Vaz serves as Vice President for Academic Affairs and Provost for Lawrence Technological University. Dr. Vaz is retiring on June 30, 2020 after 35 years of outstanding service to LTU, its students, staff and alumni. 2020.129 Motion by Brightwell; seconded by Taylor. WHEREAS: Provost Maria Vaz, Ph.D., Vice President for Academic Affairs, has served Lawrence Technological University and its students since joining the faculty in 1983 after completing her doctorate in physics at Kent State University; and, WHEREAS: During her 35-year tenure with LTU, Dr. Vaz has proven herself to be a most resourceful and adaptable leader, having served as associate provost, dean of graduate programs, interim dean of the College of Arts & Sciences, and interim dean of the College of Engineering; and, WHEREAS: As interim dean of the College of Arts & Sciences, Dr. Vaz guided the development of several new programs including the Master of Educational Technology, Bachelor of Science in Media Communications, and Bachelor of Science in Chemical Biology, helping to launch Lawrence Tech into the bio- and life-sciences fields; and, REGULAR MEETING 2 JUNE 22, 2020 WHEREAS: Dr. Vaz led the LTU team for the North Central Association’s accreditation review effort in 2001, and was a leader of the University’s efforts to enhance the teaching of science in primary, middle and high schools. Dr. Vaz’s efforts led to the formal establishment of LTU’s Master of Science Education degree and the development of the University’s first doctorate program. Since that time, Lawrence Tech has added two additional doctoral programs and awarded its first doctoral degrees in May 2006; and, WHEREAS: Both Dr. Vaz and her husband, Nuno, hold a doctorate in physics, and are blessed with three children; and, WHEREAS: On Tuesday, June 30, 2020, Lawrence Technological University and the entire Southfield community will reflect on the successful career of Dr. Maria Vaz and wish her a long, happy and healthy retirement. NOW, THEREFORE, BE IT RESOLVED: We, the Mayor and Council of the City of Southfield, County of Oakland, State of Michigan, do hereby declare Provost Maria Vaz Day June 30, 2020, in the City of Southfield, Michigan. BE IT FURTHER RESOLVED: That we, the Mayor and Council of the City of Southfield, pay tribute to Dr. Maria Vaz, Lawrence Technological University Vice President for Academic Affairs and Provost, and thank her for her longstanding dedication and service to the faculty, students and alumni of LTU and wish her and her husband, Nuno, the best in retirement. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the approval of the Committee-of-the-Whole Meeting Minutes of June 1, 2020. 2020.130 Motion by Morris; seconded by Taylor. RESOLVED: That Council does hereby approve the Committee-of-the-Whole Meeting Minutes of June 1, 2020 (as amended). A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. REGULAR MEETING 3 JUNE 22, 2020 Next on the agenda was the Consent Agenda. Consent Item A. Facility Maintenance Budget Transfer Request. 2020.131 Motion by Mandelbaum; seconded by Brightwell. BE IT RESOLVED: That Council does hereby authorize a budget transfer of $54,676 from the general fund Contractual/Professional account 101-950-9500- 38180 to the Facility Maintenance Building Improvements Account 631-212-2122- 49760 to fund the construction of employee/customer infection prevention barriers. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Consent Item B. Authorization to Purchase Replacement Bottles for the Fire Departments Self Contained Breathing Apparatus System. 2020.132 Motion by Mandelbaum; seconded by Brightwell. RESOLVED: The Council does hereby approve the purchase of twenty (20), 60 - minute Self Contained Breathing Apparatus (SCBA) Cylinders in the total amount of $29,560.60 from Southeast Equipment Company, Inc. of West Branch MI. Funds are provided for this purpose in the 2019-20 Fire Department Budget (account 101-400- 4005-27750). A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Consent Item C. Formation of Southfield Wildlife Advisory Commission. 2020.133 Motion by Mandelbaum; seconded by Brightwell. WHEREAS: Appropriate wildlife management is necessary to ensure the safety, health and welfare of the residents and visitors to the City of Southfield and of the wild animals within the City of Southfield, and WHEREAS: Wildlife management requires a multidisciplinary and inter- governmental approach involving residents. REGULAR MEETING 4 JUNE 22, 2020 BE IT RESOLVED: That the Southfield City Council does hereby establish the Southfield Wildlife Commission. BE IT FURTHER RESOLVED: That the commission shall consist of seven members who are residents of the City of Southfield and shall be appointed by council. BE IT FURTHER RESOLVED: Members of the commission shall serve without compensation and may be removed for cause by the appointing authority. Any vacancy in office shall be filled by the city council for the remainder of the unexpired term. BE IT FURTHER RESOLVED: That the terms of office of members of the commission shall be three (3) years, except that initial members of the commission shall be appointed for staggered terms with two (2) members appointed for one (1) year terms, two (2) members appointed for two (2) year terms, and three (3) members appointed for three (3) year terms, and BE IT FURTHER RESOLVED: The commission shall elect a chairperson and secretary at its first meeting every year, which shall be held in January. At least five (5) members of the commission shall constitute a quorum for the transaction of business. The commission may adopt by-laws to outline the proper conduct and order of their meetings and the duties of the officers, and BE IT FURTHER RESOLVED: The commission shall hold such regular meetings as it deems necessary and advisable; however, it shall generally hold at least one (1) meeting each month, and BE IT FURTHER RESOLVED: The commission shall report its findings and recommendations to Council in a written report at least yearly in June of each year, and NOW, BE IT FINALLY RESOLVED: That The commission shall be responsible for developing and proposing to Council a wildlife program within the city to ensure the safety, health and welfare of the residents and visitors to the City of Southfield and of the wild animals within the City of Southfield, and at a minimum shall: a) Actively seek out and receive input from residents and others with concerns regarding wildlife in the City of Southfield. b) Work collaboratively with individuals of all points of view regarding wildlife in the City of Southfield. c) Work collaboratively with wildlife commissions or similar organizations in nearby communities regarding wildlife in or near the City of Southfield. d) Work collaboratively with the Michigan Department of Natural Resources and other county, state and federal entities responsible for wildlife management regarding wildlife in or near the City of Southfield. REGULAR MEETING 5 JUNE 22, 2020 A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Consent Item D. Receipt of Bids for Elevator/Escalator Maintenance Services. 2020.134 Motion by Mandelbaum; seconded by Morris. BE IT RESOLVED: That Council does hereby authorize the Mayor and City Clerk to execute a three-year contract with ThyssenKrupp of Livonia for elevator/escalator maintenance services with the option to extend the contract for an additional two-year period after review and approval as to form by the City Attorney’s Office. Expenditures are not expected to exceed $60,000 annually for a total amount of $180,000 for the 3-year contract period. Funds in the amount of $60,000 have been requested in the 2020-21 budget, Facilities Maintenance Fund, Repairs and Maintenance (account number 631-212-2122-39300) and will be requested in future budgets as Council may approve. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum and Morris. NAYS: None. ABSENT: None. Motion passed (Councilwoman Taylor abstained). Consent Item E. Approval to Renew Lobbyist Contract with Governmental Consultant Services, Inc. 2020.135 Motion by Mandelbaum; seconded by Brightwell. BE IT RESOLVED: That the Mayor and City Clerk are hereby authorized to sign a three (3) year contract for lobbyist services with Governmental Consultant Services, Inc. of Lansing, Michigan, effective July 1, 2020 through June 30, 2021; and BE IT FURTHER RESOLVED: That all fees, terms and conditions of the contract shall be held firm for year one of the three (3) year contract period. Total annual expenditures will be $44,304, which is consistent with the Year III fee schedule in GCSI’s previous contract that expired June 30, 2017. The total annual expenditures for year two and three of the contract period, reflecting a 2.5% increase each year, will be $45,411.60 and $46,546.89, respectively. REGULAR MEETING 6 JUNE 22, 2020 A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Consent Item F. Receipt of Bids on Water Main Installation and Repair Parts for the Water and Sewer Department. 2020.136 Motion by Mandelbaum; seconded by Brightwell. RESOLVED: That Council does hereby approve the purchase of water main installation and repair parts from Core & Main of Canton, Michigan for the period of July 1, 2020 through June 30, 2021 with the option to renew for two, one-year terms additional period. Total expenditures will not exceed $275,736.40. Funds are provided for this purpose in the 2020-21 Water and Sewer budget (Account No. 592-750-7503-27750) and will be requested in future budget. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Consent Item G. Authorization to Purchase Compactor for Public Works & Code Enforcement Departments. 2020.137 Motion by Mandelbaum; seconded by Brightwell. RESOLVED: That Council does hereby approve the purchase and installation of the compactor from Shred-Pac, Inc of Hopkins, MI for their total bid amount of $98,387. Contingency fees of 10% will bring the expenditure total to a not to exceed amount of $108,225.70. Funds for the compactor will be provided in the following Public Works and Code Enforcement FY19-20 accounts: Motor Pool Account 661-460-4602-49770, $8,322.57; Water Account 592-750-7501-49760 $29,128.99, Local Streets & Highway Account 203-452-4522-49770 $8,322.57; Major Streets & Highway Account 202-451-4512-49770 $37,451.57, Code Enforcement Account 101-240-2401-49770 $25,000. REGULAR MEETING 7 JUNE 22, 2020 A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Consent Item H. Authorization to Apply for Oakland County’s 2020 Local Road Improvement Program. 2020.138 Motion by Mandelbaum; seconded by Brightwell. WHEREAS: The City of Southfield maintains the roads, bridges and other structures under its jurisdiction, and Civic Center Drive is a City-owned street; and WHEREAS: The Oakland County Board of Commissioners is accepting applications for projects to be included in the 2020 Local Road Improvement Pilot Program; and WHEREAS: The road project will be an economic benefit to several businesses in the City Centre district. NOW, THEREFORE, BE IT RESOLVED: That City of Southfield staff is authorized to submit an application requesting $192,764 from the 2020 Local Road Improvement Program funds for the Civic Center Drive Road Rehabilitation project; and BE IT FURTHER RESOLVED: The required matching funds were previously authorized to be provided from the Road Bond Construction Fund at the December 16, 2019 Council Meeting. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the Public Hearing for the 2019-2020 Community Development Block Grant CARES Act (CDBG-CV) Public Hearing. The City of Southfield will receive a special allocation of CDBG-CV funds to be used to prevent, prepare for, and respond to the coronavirus (COVID-19). This allocation was authorized by the Coronavirus Aid, Relief and Economic Security Act (CARES Act). The initial amount of the CARES Act grant is $256,818. REGULAR MEETING 8 JUNE 22, 2020 Pursuant to Community Development Block Grant – CARES Act (CDBG-CV) Federal regulations, the City of Southfield will be required to conduct a public hearing on substantial amendments to the following: The 5-day public comment period for Southfield citizens has been provided. The next requirement of the citizen participation process is to conduct a public hearing and adopt the Citizen Participation Plan, the Five Year Consolidated Plan (FY2016-2020) and the Annual Action Plan (FY2019-2020) which will be submitted to the U.S. Department of Housing and Urban Development (HUD). The U.S. Department of Housing and Urban Development has informed us that Southfield will receive a special allocation from the CARES Act of $256,818. The CDBG regulations allow for up to 20% ($51,364) of the grant to be used for administrative cost. The CDBG-CV regulations suspend the 15% cap for eligible public services. The Public Hearing was declared open. Pamela Gerald, P.O. 155, Southfield, Michigan, stated that she would like to see additional funds for HAVEN. There is a lot of domestic violence as it relates to COVID and individuals being quarantined. Ms. Gerald stated that there is still a rise in domestic violence and would like to see additional funds be given to HAVEN. With no further comment, the Public Hearing was declared closed. Council discussed urgent needs and eviction protection. 2020.139 Motion by Mandelbaum; seconded by Morris. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Southfield adopts the Citizen Participation Plan, the Five Year Consolidated Plan, and the Annual Action Plan for 2019-2020 as follows: The official application to the Department of Housing and Urban development contains: • Executive Summary of the Five Year Consolidated Plan (FY 2016/2020). • A summary of projected use of funds. • A description of each project recommended for funding. • Certifications regarding compliance with all Federal laws governing the Community Development Block Grant Program. • Authorize the City Administrator to submit a CDBG-CV application to the U.S. Department of Housing and Urban Development and sign the grant agreements which are in accordance with resolutions approved by City Council. • Designate the Mayor and City Clerk to enter into contracts with CDBG sub recipients in accordance with resolutions approved by City Council, and • Authorize the City Administrator or their designee to enter into contracts, in excess of $10,000.00. REGULAR MEETING 9 JUNE 22, 2020 2019-2020 CDBG-CV Funding Plan Administration $ 38,522.00 (15%) Business Support 51,364.00 (20%) Personal Protection Equipment 89,887.00 (35%) Public Services 77,045.00 (30%) Total 2019-2020 CDBG-CV Funding $ 256,818.00 (100%) A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the Public Hearing for PSLU20-0003, the Special Use Request of NTK Investments LLC, on behalf of the Owner, Stanley Targosz, to convert an existing industrial building to a Medical Marihuana Grower and Processor in accordance with Southfield Ordinance and the Michigan Medical Marihuana Facilities Licensing Act (MMFLA) on property located at 21680 W Eight Mile and Sidwell Parcel 2434-354-007, on the north side of W Eight Mile Road between Evergreen and Lahser Roads, City of Southfield, Oakland County, State of Michigan. The Public Hearing was declared open. Pamela Gerald, P.O. Box 155, Southfield, Michigan, questioned the community benefit. When medical marihuana was voted in 2018 the people thought this would be sold in pharmacy’s or doctors offices and did not realize there would be facilities. Ms. Gerald also questioned how the business will prevent the smell. With no further comment, the Public Hearing was declared closed. Discussions ensued, as part of the safety regulations there will not be any advertising. There will be carbon filters that will filter the smell which is required. 2020.140 Motion by Mandelbaum; seconded by Brightwell. RESOLVED: That PSLU20-0003, the Special Use Request of NTK Investments LLC, on behalf of the Owner, Stanley Targosz, to convert an existing industrial building to a Medical Marihuana Grower and Processor in accordance with Southfield Ordinance and the Michigan Medical Marihuana Facilities Licensing Act (MMFLA) on property located at 21680 W Eight Mile and Sidwell Parcel 2434-354-007, on the north side of W Eight Mile Road between Evergreen and Lahser Roads, City of Southfield, Oakland County, State of Michigan , be approved for the following reasons and conditions; 1. Subject to approval of PASP20-0006, Administrative Site Plan Review, by the City Planner along with any Conditions deemed necessary. REGULAR MEETING 10 JUNE 22, 2020 2. The submitted special use, with any conditions recommended by the Planning Department and the Planning Commission, will be of such size and character that it will be in harmony with the appropriate and orderly development of the I-1 Industrial District. 3. The location, size, intensity and periods of operation of the proposed use is designed to eliminate any possible nuisance likely to emanate there from which might be adverse to occupants of any nearby permitted uses. 4. The proposed use is in accord with the spirit and purpose of this Chapter and is not inconsistent with, or contrary to, the objectives sought to be accomplished by this Chapter and principles of sound planning. 5. The proposed use is of such character and vehicular traffic generated will not have an adverse effect, or be detrimental, to the surrounding land uses or adjacent thoroughfares. 6. The proposed use is of such character and intensity and arranged on the site so as to eliminate any adverse effects resulting from noise, dust, dirt, glare, odor, or fumes. 7. The proposed use will not be adverse to the promotion of the health, safety and welfare of the community. 8. The proposed use is designed and operated so as to provide security and safety to employees and the general public. 9. Meet the Southfield Police Department’s Security Measures Checklist for Medical Marihuana Facilities. Planning Department received the Special Use Request on January 29, 2020. The Planning Commission held a Public Hearing on this matter on May 27, 2020 and made a favorable recommendation. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the Public Hearing for PSLU20-0006, the Special Use Request of SOVA Group Properties 1, LLC to convert an existing industrial building to a 12,575gsf Medical Marihuana Grower and Processor in accordance with Southfield Ordinance and the Michigan Medical Marihuana Facilities Licensing Act (MMFLA) on property located at 21260 W Eight Mile, Sidwell Parcel 2434-376-017, on the north side of W Eight Mile Road between Evergreen and Lahser Roads, City of Southfield, Oakland County, State of Michigan. The Public Hearing was declared open. Pamela Gerald, P.O. Box 155, Southfield, Michigan, questioned the community benefits. There are children that need school supply and that need attention. Everything seems to be given to the Public Art Fund and Veterans Fund. Ms. Gerald would like Council to start asking more questions. REGULAR MEETING 11 JUNE 22, 2020 With no further comment, the Public Hearing was declared closed. 2020.141 Motion by Mandelbaum; seconded by Taylor. RESOLVED: That PSLU20-0006, the Special Use Request of SOVA Group Properties 1, LLC to convert an existing industrial building to a 12,575gsf Medical Marihuana Grower and Processor in accordance with Southfield Ordinance and the Michigan Medical Marihuana Facilities Licensing Act (MMFLA) on property located at 21260 W Eight Mile, Sidwell Parcel 2434-376-017, on the north side of W Eight Mile Road between Evergreen and Lahser Roads, City of Southfield, Oakland County, State of Michigan, be approved for the following reasons and conditions; 1. Subject to Approval of PASP20-0008, Administrative Site Plan, by the City Planner subject to any Site Plan Conditions deemed necessary. 2. The submitted special use, with any conditions recommended by the Planning Department and the Planning Commission, will be of such size and character that it will be in harmony with the appropriate and orderly development of the I-1 Industrial District. 3. The location, size, intensity and periods of operation of the proposed use is designed to eliminate any possible nuisance likely to emanate there from which might be adverse to occupants of any nearby permitted uses. 4. The proposed use is in accord with the spirit and purpose of this Chapter and is not inconsistent with, or contrary to, the objectives sought to be accomplished by this Chapter and principles of sound planning. 5. The proposed use is of such character and vehicular traffic generated will not have an adverse effect, or be detrimental, to the surrounding land uses or adjacent thoroughfares. 6. The proposed use is of such character and intensity and arranged on the site so as to eliminate any adverse effects resulting from noise, dust, dirt, glare, odor, or fumes. 7. The proposed use will not be adverse to the promotion of the health, safety and welfare of the community. 8. The proposed use is designed and operated so as to provide security and safety to employees and the general public. 9. Meet the Southfield Police Department’s Security Measures Checklist for Medical Marihuana Facilities. Planning Department received the Special Use Request on February 28, 2020. The Planning Commission held a Public Hearing on this matter on May 27, 2020 and made a favorable recommendation. REGULAR MEETING 12 JUNE 22, 2020 A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the Public Hearing for PZR20-0003, the rezoning request of Southfield Non-Profit Housing on behalf of the Owner, City of Southfield and Southfield Neighborhood revitalization, to rezoning a total of 1.836 acres of land spread over four properties from R-1 Single Family Residential to RT Attached Single Family, located at 20433 Westland – Sidwell Parcel 2434-476- 002, 20435 Westland – 2434-476-001, 20436 Westland – 2434-428-012 and Sidwell Parcel 2434- 476-003, on the north and south sides of Westland between Evergreen and Prescott, Section 34, City of Southfield, Oakland County, State of Michigan. The Public Hearing was declared open. Pamela Gerald, P.O. Box 155, Southfield, Michigan, questioned why do the homes need to be attached. This property is zoned R-1 so homes can be built. Ms. Gerald questioned the grading issues that Pebble Creek went through with their basements cracking within six months. Ms. Gerald hopes that the City has done their due diligence. With no further comment, the Public Hearing was declared closed. Discussions ensued, currently this is for the rezoning. A site plan will come back before Council with more information. 2020.142 Motion by Brightwell; seconded by Taylor. RESOLVED: That PZR20-0003, the rezoning request of Southfield Non-Profit Housing on behalf of the Owner, City of Southfield and Southfield Neighborhood revitalization, to rezoning a total of 1.836 acres of land spread over four properties from R-1 Single Family Residential to RT Attached Single Family, located at 20433 Westland – Sidwell Parcel 2434-476-002, 20435 Westland – 2434-476-001, 20436 Westland – 2434-428-012 and Sidwell Parcel 2434-476-003, on the north and south sides of Westland between Evergreen and Prescott, Section 34, City of Southfield, Oakland County, State of Michigan, be approved based on the following: 1. The Southfield Comprehensive Master Plan indicates Single Family Residential for this property. 2. The change in zoning would be compatible with and similar to the existing adjacent zonings and land uses to the north and west. 3. The proposal is in accordance with the standards for rezoning of property. Planning Department received the Rezoning Request on March 13, 2020. The Planning Commission held a Public Hearing on this matter on May 27, 2020 and made a favorable recommendation. REGULAR MEETING 13 JUNE 22, 2020 A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. 2020.143 Motion by Brightwell; seconded by Taylor. RESOLVED: That Ordinance No. 1721, PZR20-0003, Southfield Non-Profit Housing, rezone 1.836 acres of land spread over four properties from R-1 Single Family Residential to RT Attached Single Family, is hereby introduced. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the Public Hearing for PZTA20-0001 is a Council-initiated Zoning Ordinance Text Amendment to amend Title V, Zoning and Planning, Chapter 45, Zoning, of the Code of the City of Southfield by amending Section 5.179 of Article 19 Light Industrial Districts to allow any Medical Marihuana Facility previously approved by City Council prior to October 13, 2019 be allowed to apply for a Special Land Use and Site Plan under Article 19, the Medical Marihuana Facilities and Licensing Act (MMFLA), Article 4 Section 5.22-7 Medical Marihuana Facilities, and other amendments that may become necessary as needed for the City of Southfield. This text amendment specifically addresses adding paragraph (2) that shall read as follows: “(2) Any Medical Marihuana Facility that received previous approval by the City Council under the Michigan Medical Marihuana Act (MMMA) of 2008, as amended, and this Section prior to October 13, 2019 will be able to apply for Special Use Review and Site Plan Review for a Grow Facility and Processing Facility under the Medical Marihuana Facilities and Licensing Act (MMFLA), Act 281 of 2016, this Section, and Article 4 Section 5.22-7 Medical Marihuana Facilities.” There was a favorable recommendation of the draft dated 6-1-20, for the following reasons: 1. The proposed text amendment will Amend Title V, Zoning and Planning, Chapter 45, Zoning, of the Code of the City of Southfield by amending Article 4 Section 5.22-7 Medical Marihuana Facilities, to allow any Medical Marihuana Facility previously approved by City Council prior to October 13, 2019 be allowed to apply for a Special Land Use and Site Plan, and other amendments as needed. REGULAR MEETING 14 JUNE 22, 2020 2. This text amendment specifically addresses allowing any Medical Marihuana Facility previously approved by City Council prior to October 13, 2019 be allowed to apply for a Special Land Use and Site Plan under Article 19, the Medical Marihuana Facilities and Licensing Act (MMFLA), Article 4 Section 5.22-7 Medical Marihuana Facilities, and other revisions as may become necessary for the City of Southfield as they relate to sexually oriented businesses. The Public Hearing was declared open. Pamela Gerald, P.O. Box 155, Southfield, Michigan, stated her questions and concerns of why the City is changing something that was already voted on. With no further comment, the Public Hearing was declared closed. 2020.144 Motion by Mandelbaum; seconded by Brightwell. RESOLVED: That an ordinance to amend Title V, Zoning and Planning, Chapter 45, Zoning, of the Code of the City of Southfield, be approved as follows: The proposed text amendment will Amend Title V, Zoning and Planning, Chapter 45, Zoning, of the Code of the City of Southfield as follows: 5.179 Uses Permitted Subject to Special Approval and Licensing (Amended – Ordinance 1637 – 4/5/15) The following uses may be permitted upon the review and approval of the City Council after a recommendation from the Planning Commission. The use or uses shall only be approved when the following conditions have been satisfied and all licensing provisions in Chapter 86 have been met. This section promotes and protects the public health, safety and welfare and mitigates potential deleterious impacts to surrounding properties and persons and conforms with the policies and requirements of the Michigan Medical Marihuana Act, P.A. 2008, Initiated Law 1 (MMMA), MCL 333.26421, et seq. (hereinafter “MMMA”), as amended. A use which purports to have engaged in the medical use of marihuana either prior to enactment of said Act, or after enactment of said Act but without being legally registered by the Department, shall be deemed to not be a legally established use, and therefore not entitled to legal non-conforming status under the provisions of City Ordinance and/or State Law. The fundamental intent of this section is to facilitate a private and confidential qualified patient and primary caregiver relationship whereby the cultivation, distribution and use of marihuana is strictly for medical purposes. Accordingly, this section permits authorization for activity in compliance with the MMMA. Nothing in this section shall be construed as allowing a person or persons to engage in conduct that endangers others or causes a public nuisance, or to allow use, cultivation, growth, possession or control of marihuana not in strict accordance with the express authorizations of the MMMA and this section; and, nothing in this section shall be construed to undermine or provide immunity from federal law as it may be enforced by the federal or state government relative to the cultivation, distribution, or use of marihuana. REGULAR MEETING 15 JUNE 22, 2020 (1) Uses (a) A Medical Marihuana Facility shall be subject to the following conditions: (1) Any parcel within 500 feet of a residentially zoned district or “drug-free school zone”; any parcel within 500 feet of a parcel that contains a house, adult regulated use, school, church, child care facility or park; and any parcel within 1,500 feet to any Pawn Shops or Alternative Financial Services establishment, shall not qualify for a Medical Marihuana Facility. (2) A State of Michigan registry identification card and a valid license issued pursuant to Chapter 86 of the Southfield City Code is required for all Medical Marihuana Facilities operated by a primary caregiver. If the primary caregiver is not the owner of the premises, then consent must be obtained in writing from the property owner to ensure the owner’s knowledge of the use. (3) Licenses issued pursuant to Chapter 86, in addition to any state issued license, permit or certification shall be conspicuously posted on the premises. (4) Usable marihuana on site, when not actively distributed, shall be kept or stored within an indoor enclosed locked facility accessible only to caregivers and/or qualifying patients, as permitted under Article II, Definitions. (5) Marihuana, if cultivated on site, shall be kept within an indoor enclosed locked facility as defined in Article II, Definitions, of this Chapter. (6) Consumption of marihuana on the premises is prohibited. (7) There shall be no outdoor, open use or display of marihuana upon the licensed premises. (8) A Medical Marihuana Facility shall distribute marihuana for medical use only as authorized and in the manner permitted by the Michigan Medical Marihuana Act P.A. 2008, as amended. (9) No more than five qualified patients per primary caregiver. The amount of usable marihuana stored at the Medical Marihuana Facility for each patient shall be limited to: 2.5 ounces of usable marihuana (excludes seeds, stalks, and roots) and 12 marihuana plants kept in an indoor enclosed locked facility as defined under the Michigan Medical Marihuana Act P.A. 2008, as amended and as noted by the licensing requirements of Chapter 86. (10) The Medical Marihuana Facility shall be subject to periodic and unannounced inspections to ensure compliance with all applicable laws and regulations, including, but not limited to State law and City Ordinances. REGULAR MEETING 16 JUNE 22, 2020 (11) Hours of operations permitted: Monday-Friday: 9:00 A.M. - 9:00 P.M.; Saturday: 9:00 A.M. - 6:00 P.M.; Sunday: 10:00 A.M. - 6:00 P.M. (12) Minimum Distance from one medical marihuana facility to another shall be 250 feet. (13) Drive-thru facilities shall be prohibited. (14) Security and Lighting: A security and lighting plan shall be submitted for review and approval by the City Planning and Building Departments. (15) A conspicuous sign(s) shall be posted stating that “No loitering is permitted” on such property. (16) Entry into the premises by persons under the age of eighteen (18) is prohibited unless they are a qualifying patient and accompanied by a parent or legal guardian. (17) The location from which a primary caregiver manufacturers, stores and distributes medical marihuana to a qualifying patient shall not be used by another primary caregiver for any purpose whatsoever. (18) Electrical, plumbing and all other inspections required by city ordinance, must be obtained and all necessary permits must be obtained confirming that all lights, plumbing, equipment and all other means proposed to be used to facilitate the growth or cultivation of marihuana plants is in conformance with all applicable codes; prior to the commencement of operation as a Medical Marihuana Facility. (19) Caregiver activity shall not be advertised as, or permitted to operate as a “Medical Marihuana Provisioning Center”, “Safety Compliance facility”, “Dispensary,” “Compassion Club”, “clinic” or “hospital”. A qualified caregiver and any other person authorized under the MMMA to assist patients, if any, shall distribute medical marihuana only on a confidential, one to one basis, with no other caregivers being present at the approved facility, provided, however, that a qualified patient’s immediate family members or guardian may be present. (20) Nothing is this Section shall permit or be construed or interpreted to permit a medical marihuana dispensary, provisioning center, safety compliance facility, or compassion club, and those or similar activities or uses are expressly prohibited hereunder. REGULAR MEETING 17 JUNE 22, 2020 (b) Medical Marihuana Grower, Processor and Secure Transporter (see Article 4 Section 5.22-7 for requirements) (Amended – Ordinance 1709 – 10/3/19) 1. ANY MEDICAL MARIHUANA FACILITY THAT RECEIVED PREVIOUS APPROVAL BY THE CITY COUNCIL UNDER THE MICHIGAN MEDICAL MARIHUANA ACT (MMMA) OF 2008, AS AMENDED, AND THIS SECTION PRIOR TO OCTOBER 13, 2019 WILL BE ABLE TO APPLY FOR SPECIAL USE REVIEW AND SITE PLAN REVIEW FOR A GROW FACILITY AND PROCESSING FACILITY UNDER THE MEDICAL MARIHUANA FACILITIES AND LICENSING ACT (MMFLA), ACT 281 OF 2016, THIS SECTION, AND ARTICLE 4 SECTION 5.22-7 MEDICAL MARIHUANA FACILITIES. The proposed amendment will promote enforcement and is necessary to ensure the health, safety and welfare of the community. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. 2020.145 Motion by Mandelbaum; seconded by Brightwell. RESOLVED: That Ordinance No. 1722, PZTA20-0001, Council-initiated Zoning Ordinance Text Amendment to allow any Medical Marihuana Facility previously approved by City Council prior to October 13, 2019 be allowed to apply for a Special Land Use and Site Plan under Article 19, the Medical Marihuana Facilities and Licensing Act (MMFLA), Article 4 Section 5.22-7 Medical Marihuana Facilities, is hereby introduced. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the Communications Portion of the agenda, which two individuals addressed Council. REGULAR MEETING 18 JUNE 22, 2020 Next was the Council Portion of the agenda. Council discussed future council meetings, protest for Black Lives Matter and also the Black Live Matter banners that are being place on Evergreen Road. Council also asked residents to stay safe and please wear masks when out in public. Next was the Mayor Portion of the agenda. Mayor Siver thanked Rhonda Terry from Human Services for the Juneteenth Food Distribution, 160 families were served. Mayor Siver thanked Emergency Management for coordinating the event. Mayor Siver also spoke regarding the Firework Ordinance which permits the use of fireworks the day before, the day of and the day after the holiday. Next was the Administration Portion of the agenda. A. Agreement for Cares Act Distribution 2020.146 Motion by Mandelbaum; seconded by Morris. WHEREAS: Oakland County has presented the City of Southfield with an interlocal agreement for Coronavirus Aid, Relief and Economic Security (CARES) Act Distribution; and WHEREAS: The proposed agreement will allow the City to submit for reimbursement for eligible expenditures for costs associated or incurred in response to the COVID pandemic made prior to December 31, 2020. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Southfield does hereby authorize the Mayor and City Clerk to sign the interlocal agreement for Coronavirus Aid, Relief and Economic Security (CARES) Act Distribution document on behalf of the City after review and approval as to form by the City Attorney’s Office. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. REGULAR MEETING 19 JUNE 22, 2020 Next was the City Attorney Portion of the agenda. A. Discussion of Ordinance Amendments – Fireworks 2020.147 Motion by Morris; seconded by Brightwell RESOLVED: That the proposed ordinance amendment amending Section 9.604b Ignition, Discharge or Use of Consumer Fireworks on Public Property, School Property, Church Property or the Property of Another Person, of Title IX, Police Regulations, of the City Code be approved. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. 2020.148 Motion by Morris; seconded by Brightwell. RESOLVED: That Ordinance No. 1723. Fireworks Ordinance Amendment is hereby introduced and enacted as an emergency ordinance. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. B. Discussion of Ordinance Amendments – Permits and Bonds and Streets and Sidewalks 2020.149 Motion by Banks; seconded by Taylor. RESOLVED: That the proposed ordinance amendment amending Section 4.1 Definitions and Section 4.3 Permits and Bonds of Title IV, Streets and Sidewalks, Chapter 33, Streets Regulations, of the City Code be approved. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. REGULAR MEETING 20 JUNE 22, 2020 2020.150 Motion by Banks; seconded by Taylor RESOLVED: That Ordinance No. 1724, Permits and Bonds and Streets and Sidewalks Ordinance Amendment is hereby introduced. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. City Clerk Hawkins stated that Governor Whitmer has extended remote meetings until the end of July. City Treasurer Lowenberg wanted to inform the residents that the City is mailing out property tax bills beginning of July. Next was the enactment of Ordinance No. 1719, PZR19-0007, Maple Tree Apartments, LLC, rezone 3.25 acres of property from R-1 Single Family Residential and RMM Multiple Family (Medium Rise) to RT attached Single Family. 2020.151 Motion by Mandelbaum; seconded by Morris. RESOLVED: The City Council hereby enacts Ordinance No. 1719, PZR19-0007. A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. Next was the enactment of Ordinance No. 1720, PZRODD19-0005, Cite Centre Real Estate Group to amend existing City Centre II Overlay Development District Development Agreement to expand hours. 2020.152 Motion by Mandelbaum; seconded by Hoskins. RESOLVED: The City Council hereby enacts Ordinance No. 1720, PZRODD19- 0005. REGULAR MEETING 21 JUNE 22, 2020 A roll call vote was taken. AYES: Banks, Brightwell, Crews, Hoskins, Mandelbaum, Morris and Taylor. NAYS: None. ABSENT: None. Motion passed unanimously. There being no further business, the Regular Meeting adjourned at 8:13 p.m., until the next Regular Meeting (conducted as a Committee-of-the-Whole Meeting) scheduled for Monday, July 13, 2020, at 6:00 p.m., via teleconference. ___________________________________ _______________________________ Lloyd Crews, Council President Sherikia L. Hawkins, City Clerk nd