DETROIT CITY COUNCIL



DETROIT CITY COUNCIL

FORMAL SESSION

JULY 14, 2020

10:00 A.M.

NEW BUSINESS

OFFICE OF CONTRACTING AND PROCUREMENT

1. Benson, reso. autho. Contract No. 6002816 - 100% City Funding – To Provide and Deliver Janitorial Supplies for the City of Detroit’s Fire and Transportation Departments. – Contractor: Empire Equipment & Supply – Location: 6500 E Warren, Detroit, MI 48207 – Contract Period: Upon City Council Approval through June 30, 2023 – Total Contract Amount: $651,652.38. FIRE

LAW DEPARTMENT

2. Jones, Proposed ordinance to amend Chapter 46 of the 2019 Detroit City Code, Traffic and Vehicles, Article II, Enforcement,Division 4, Impoundment of vehicles, by amending Section 46- 2-61, Authority to create vehicle pounds; and hours of operation of same, and by renaming and amending Division 5, Towing, to add Subdivision A, Generally, consisting of Section 46-2-81, Purpose, scope, and enforcement, Section 46-2-82, Definitions,Section 46-2-83, Misdemeanor violation; aiding and abetting violation; continuing violation; penalties for conviction thereof, Section 46-2-84, Recovery of abandoned, stolen, or suspected stolen vehicles, Section 46-2-85, Towing vehicles from private property, Section 46-2-86, Administrative fees, Section 46-2-87, Inspection of storage lot by Department and other authorized City agents; requirements of tow company and storage lot,Section 46-2-88, Tow truck identification, and Section 46-2-89, Methods of payment; receipt required, by adding Subdivision B, Business License, consisting of Section 46-2-101, Required, Section 46-2-102, Application; information required, Section 46-2-103, Insurance required for issuance of a license, Section 46-2-104, Establishment, approval, publication, and payment of annual fee, Section 46-2-105, Inspection and certification of approval; land use; construction requirements; maintenance, health and sanitation requirements, and fire protection and safety, Section 46-2-106, Investigation by Office of Chief Financial Officer required to confirm no City tax or assessment arrearage, Section 46-2-107, Department to take action upon application, Section 46-2-108, Posting required; non-refundable, Section 46-2-109, Expiration date and renewal requirements, Section 46-2-110, Suspension, revocation, ordenial of a license, Section 46-2-111, Appeals process for suspension, revocation, or denial of license; and Section 46-2-112, Report required, by relocating and amending Police Authorized towing to Subdivision C, Police Authorized Towing, consisting of Section 46-2-121, Towrates for police authorized towing, Section 46-2-122, Standards for authorized towers, Section 46-2-123, Establishment, approval, and publication of towing ,storage, and administrative fees, Section 46- 2-124, One hook-up fee for successive tows, Section 46-2-125, When authorized, Section 46-2- 126, Requirements, Section 46-2-127, Payment, Section 46-2-128, Storage of vehicles generally, and Section 46-2-129, Release of stored vehicle, to provide for a well-managed vehicle towing system that requires Department involvement and authorization for tows from private property, allows for the collection of administrative fees for tows from private property, allows for inspection of impound yards, regulates tow truck identification, requires certain methods of payment be accepted, requires all tow businesses that operate within the City to have a business license, authorizes that the police authorized tow rates be set by City Council, provides for an administrative fee for police authorized tows, and requires disconnection of vehicle from tow-truck prior to removal upon payment of a service fee. INTRODUCE

3. Jones, reso. autho. Setting Public Hearing on the forgoing ordinance amendment.

4. McCalister, Proposed Ordinance to amend Chapter 43 of the 2019 Detroit City Code, Streets, Sidewalks, and Other Public Places, Article VIII, Encroachments and Obstructions, Division 1, Generally, by amending Section 43-8-2, Prohibited generally; presumptions concerning identity of violator; enforcement; exceptions, to provide for a permit for a temporary encroachment for merchants and retail establishments to be located in the right-of-way. INTRODUCE

5. McCalister, reso. autho. Setting Public Hearing on the forgoing ordinance amendment.

6. McCalister, Proposed Ordinance to amend Chapter 18 of the 2019 Detroit City Code, Fire Prevention and Protection, Article I, Detroit Fire Prevention and Protection Code, Division 4, Fireworks and Articles Pyrotechnic, by amending Section 18-1-62 through Section 18-1-64 to prescribe the hours of the day or night during which a person may ignite, discharge, or use consumer fireworks and to bring those provisions, and corresponding penalties, in concert with state law. INTRODUCE

7. McCalister, reso. autho. Setting Public Hearing on the forgoing ordinance amendment.

PRESIDENT’S REPORT ON STANDING COMMITTEE REFERRALS AND OTHER MATTERS:

BUDGET, FINANCE AND AUDIT STANDING COMMITTEE

THE FOLLOWING ITEM(S) ARE TO BE REFERRED TO THE BUDGET, FINANCE AND AUDIT STANDING COMMITTEE:

MAYOR’S OFFICE

8. Submitting report and reso. for Bond Proposal and authorizing Neighborhood Improvement bonds. (The attached plan summary labeled “Proposal N for Neighborhoods” represents an overview of the City’s plan to expend the bond funds authorized by this resolution, if passed by the Detroit electorate in the November 3rd, 2020 election.)

LEGISLATIVE POLICY DIVISION

9. Submitting report relative to Second Report on the Fiscal Review of DWSD. (Council President Brenda Jones and Council Member Jane Ayers requested that the Legislative Policy Division (LPD) prepare reviews of the fiscal operations of the Detroit Water and Sewerage Department (DWSD), and its financial relationship with Great Lakes Water Authority (GLWA). To report on such a complex request, this is the second report of several that we will prepare on the finances of DWSD.)

10. Submitting report relative to Detroit Water and Sewerage Department FY 2021 Revised Budget Analysis. (City Council will recall that during the FY 2021 budget process there was no budget hearing for the Detroit Water and Sewerage Department (DWSD), as well as for several other City departments, due to a shorter budget hearing schedule due to the COVID-19 pandemic and Governor Gretchen Whitmer’s Emergency Orders. However, given the import of the DWSD operations to the City of Detroit, the Legislative Policy Division (LPD) feels it is important for DWSD representatives to still address FY 2021 budget questions for Council’s information and necessary follow up.)

INTERNAL OPERATIONS STANDING COMMITTEE

THE FOLLOWING ITEM(S) ARE TO BE REFERRED TO THE INTERNAL OPERATIONS STANDING COMMITTEE:

LAW DEPARTMENT

11. Submitting reso. autho. Legal Representation and Indemnification in lawsuit of Jordan T. Briggs v City of Detroit, et al. Civil Action Case No: 19-013847 NO for P.O. Desmond Washington.

12. Submitting reso. autho. Legal Representation and Indemnification in lawsuit of Reform America & Mark Harrington v City of Detroit, et al.; Civil Action Case No.: 19-12728 for Commander Darin Szilagy.

OFFICE OF THE CHIEF FINANCIAL OFFICER/OFFICE OF DEVELOPMENT AND GRANTS

13. Submitting reso. autho. Request to Accept and Appropriate a cash donation from Bush Seyferth PLLC. (Bush Seyferth PLLC has awarded a cash donation to the City of Detroit Law Department to support Project Clean-Slate activities, in the amount of $3,000.00. There is no match requirement.)

NEIGHBORHOOD AND COMMUNITY SERVICES STANDING COMMITTEE

THE FOLLOWING ITEM(S) ARE TO BE REFERRED TO THE NEIGHBORHOOD AND COMMUNITY SERVICES STANDING COMMITTEE:

OFFICE OF THE CHIEF FINANCIAL OFFICER/OFFICE OF DEVELOPMENT AND GRANTS

14. Submitting reso. autho. Request to Accept an increase in appropriation for the sub-award of the Clean Diesel Funding Assistance Program. (Southwest Detroit Environmental Vision has awarded an increase in appropriation to the City of Detroit General Services Department for the sub-award of the Clean Diesel Funding Assistance Program, in the amount of $53,697.50, with a required cash match of $161,092.50. The total increase is $214,790.00. This funding will increase appropriation 20553, previously approved in the amount of $1,440,000.00, by council on September 25, 2018, to a total of $1,654,790.00.)

PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE

THE FOLLOWING ITEM(S) ARE TO BE REFERRED TO THE PLANNING AND ECONOMIC DEVELOPMENT STANDING COMMITTEE

DETROIT BROWNFIELD REDEVELOPMENT AUTHORITY

15. Submitting reso. autho. Scheduling a Public Hearing regarding the approval of the Brownfield Plan of the City of Detroit Brownfield Redevelopment Authority for the Royal Palm Detroit Redevelopment. (Downtown Hospitality Detroit, LLC is the project developer (the “Developer”) for the Plan. The project is a planned rehabilitation of the existing 13-story historic Park Avenue House located at 2305 Park Avenue which was designed by Louis Kamper and constructed in 1924. At approximately 103,367 square feet, the building will be converted from its former residential use into a 172-room hotel with a ground floor café and bar/restaurant. The hotel will be branded as part of the Tapestry Collection by Hilton and will reopen as the Royal Palm Detroit. The total investment is estimated to be $50 million. The Developer is requesting $2,569,492.00 in TIF reimbursement. There will be approximately 65 temporary construction jobs and 65 FTE jobs.)

HOUSING AND REVITALIZATION DEPARTMENT

16. Submitting reso. autho. Request for Public Hearing for the Establishment of a Neighborhood Enterprise Zone as requested by Gratiot Acquisition Partners, LLC in the area of 316-338 Gratiot Avenue, Detroit, MI in accordance with Public Act 147 of 1992. (Petition #1270) (The Housing and Revitalization Department, Planning and Development Department and the Finance Department have reviewed the Master Plan and the neighborhood preservation and development goals of the City, and find that establishment of the Gratiot Acquisition Partners, LLC Neighborhood Enterprise Zone would be consistent with all of the aforementioned.)

PLANNING AND DEVELOPMENT DEPARTMENT

17. Submitting reso. autho. Property Sale – 708 Pallister. (The City of Detroit acquired 708 Pallister (the “Property”) as tax foreclosed property from the Wayne County Treasurer. The Planning and Development Department (“P&DD”) has received an offer from Jon Milburn (the “Purchaser”), current occupant, to purchase the Property for the purchase price of Eleven Thousand Five Hundred and 00/100 Dollars ($11,500.00).)

18. Submitting reso. autho. Property Sale – 4209 and 4215 W Grand River, Detroit, MI 48202. (The City of Detroit, Planning and Development Department (“P&DD”) has received an offer from Khalil Assad (“Purchaser”), to purchase certain City-owned real property at 4209 and 4215 W Grand River (the “Properties”). The P&DD entered into a purchase agreement, dated December, 2018, with Purchaser. Under the terms of the proposed Purchase Agreement, the properties will be conveyed to Purchaser for the purchase price Thirty Five Thousand and 00/100 Dollars ($35,000.00).)

19. Submitting reso. autho. Property Sale – Correction – 12118, 12226, and 12300 Woodrow Wilson. (On July 16, 2019, your Honorable Body approved the sale of certain City-owned real property at 12118, 12226 and 12300 Woodrow Wilson (the “Property”), to Cass Community Social Services, Inc., a Michigan Non-Profit Corporation (the “Purchaser”), for the purchase price of Eight Thousand Seven Hundred Sixty and 00/100 Dollars ($8,760.00).)

20. Submitting reso. autho. Transfer of Jurisdiction of Real Property – 3103, 3105, 3115, 3125, 3135 Third; 3126, 3130, 3138 Fourth Street; 812 Charlotte. (The City of Detroit Planning and Development Department (“PDD”) has recently requested that the Finance Department transfer jurisdiction of City-owned real property at 3103, 3105, 3115, 3125, 3135 Third; 3126, 3130, 3138 Fourth Street and 812 Charlotte (the “Property”) to the Detroit Parks and Recreation Department (“DPR”) to administer.)

PUBLIC HEALTH AND SAFETY STANDING COMMITTEE

THE FOLLOWING ITEM(S) ARE TO BE REFERRED TO THE PUBLIC HEALTH AND SAFETY STANDING COMMITTEE:

MAYOR’S OFFICE

21. Submitting Mayor’s Office Coordinators Report relative to Petition of Detroit Athletic Club (#1297), request to hold DAC Executives Car Show on Adams St. between John R. and Brush St. on Friday July 17, 2020 from 10 AM to 3 PM with set-up and tear down complete on the event date. (The Mayor’s Office and all other involved City Departments RECOMMEND APPROVAL of this petition)

22. Submitting Mayor’s Office Coordinators Report relative to Petition of PAXAHAU, Inc., (#1298), request to hold Movement Detroit 2021 at Hart Plaza from May 29, 2021 to June 1, 2021 with set-up beginning 5-20-21 and tear down complete on 6-5-21. (The Mayor’s Office and all other involved City Departments RECOMMEND APPROVAL of this petition)

LEGISLATIVE POLICY DIVISION

23. Submitting report relative to Financial Impact of COVID-19 on the Detroit Water and Sewerage Department. (For City Council’s information, on May 6, 2020, the Detroit Water and Sewerage Department (DWSD) made a presentation regarding the financial impact of COVID-19 on DWSD’s operations to the Finance Committee of the Board of Water Commissioners (BOWC).)

OFFICE OF THE CHIEF FINANCIAL OFFICER/OFFICE OF DEVELOPMENT AND GRANTS

24. Submitting reso. autho. Request to Accept and Appropriate the FY 2020 COVID-19 Homeless Match Grant. (The Michigan Department of Health and Human Services has awarded the City of Detroit Health Department with the FY 2020 COVID-19 Homeless Match Grant for a total of $273,000.00. There is no match requirement. The total project cost is $273,000.00. The grant period is May 1, 2020 through September 30, 2020.)

25. Submitting reso. autho. Request to Accept an increase in appropriation for the FY 2020 Family and COVID-19 Test-site Transportation Grant. (The United Way for Southeastern Michigan has awarded an increase in appropriation to the City of Detroit Office of Mobility for the FY 2020 Family and COVID-19 Test-site Transportation Grant, in the amount of $150,000.00. There is no match requirement. The total increase is $150,000.00. This funding will increase appropriation 20800, previously approved in the amount of $150,000.00, by council on May 19, 2020, to a total of $300,000.00)

26. Submitting reso. autho. Request to Accept and Appropriate Reimbursement for Eligible Expenses from the Federal Emergency Management Agency (FEMA) Public Assistance Grant Program. (Under the federal declaration of emergency issued March 13, 2020, Detroit is eligible to request reimbursement from the FEMA Public Assistance Grant Program for 75% of any costs incurred by the City that were associated with activities to eliminate or reduce an immediate threat to life, public health, or safety, or to perform other eligible emergency protective measures, in response to COVID-19. There is a 25% cost share requirement. The project period is January 20, 2020, the declared start of the public health emergency, through 60 days after the date the emergency is declared to end.)

27. Submitting reso. autho. Request to Accept and Appropriate the Arts & Transportation Rapid Response Grant. (Smart Growth America has awarded the City of Detroit Department of Public Works with the Arts & Transportation Rapid Response Grant for a total of $3,000.00. There is no match requirement. The total project cost is $3,000.00.)

MISCELLANEOUS

28. Council Member James Tate submitting memorandum and Proposed Ordinance to amend Chapter 20 of the 2019 Detroit City Code, Health; by amending Article VI, Medical Marihuana Facilities, to amend Section 20-6-7 to prohibit marihuana establishments under the Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 of 2018, until December 21, 2020. (Council Member Tate request the Honorable Body adopt the attached ordinance to extend the temporary opt-out period through December 21, 2020 to provide additional time to accomplish our legislative goals.) (FOR INTRODUCTION AND SETTING OF A PUBLIC HEARING?)

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