HomeMy WebLinkAboutCOUNCIL MINUTES 2016-06-20 REVISED 39843
REVISED
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRD
REGULAR MEETING OF JUNE 20, 2016
On June 20, 2016 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by Vice
President Kritzman at 7:00 p.m. Councilmember Brosnan led the meeting in the
Invocation.
Roll was called with the following result: Maureen Miller Brosnan,
Jim Jolly, Cathy White, Scott Bahr, Brian Meakin and Vice President Brandon
Kritzman. Absent: Kathleen McIntyre.
Elected and appointed officials present: Mark Taormina, Director
of Economic Development and Planning; David Lear, City Engineer III; Don
Knapp, City Attorney; Susan M. Nash, Clerk; Judy Priebe, Director of Legislative
Affairs; Lynda Scheel, Treasurer; Ted Davis, Superintendent of Parks and
Recreation; and Mayor Dennis Wright.
On a motion by Meakin, supported by Jolly, it was-
#233-16 RESOLVED, that the Minutes of the 1,802nd
Regular Meeting of the Council held June 6, 2016 are
hereby approved as submitted.
AYES: Jolly, Bahr, Meakin, and Kritzman
NAYS: None
PRESENT: Brosnan, White
The Vice President declared the resolution adopted.
Meakin spoke about the "Music from the Heart" series which began with a
performance by the Livonia Symphony Orchestra and continues to run on
Thursday nights in the front of City Hall through September 1, 2016.
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Regular Meeting Minutes of June 20, 2016
He then presented a Certificate of Recognition to the Wolverine Sports and
Conservation Club for being awarded the 2016 Community Service Award from
MParks and thanked them for their many contributions to the City.
White reminded everyone that the 66th Anniversary Spree begins June 21St, 2016
at 4:00 p.m. and runs through Sunday, June 26th with a spectacular fireworks
display. She provided a telephone number and website address for people to
get more detailed information on the event.
She then stated that the International Rotary Club is sponsoring a 5K and one
mile fun run which is being held on Sunday, June 26th, at 8:30 a.m. in front of
City Hall, followed by a free pancake breakfast and those interested can register
on line on the Spree's website.
Vice President Kritzman wished his daughter Isabella a Happy Birthday.
Brosnan spoke about the Motor City Irish Festival which was held at Greenmead
this past weekend and invited Chairperson Kevin Murphy to the podium to report
on the event.
Murphy stated the affair was a great success and was overwhelmed by the
graciousness of the City and their personnel in making it so and hoped this was
the beginning of a long term relationship of holding the event at Greenmead.
Vice President Kritzman stated there was new data received on Items 14 and
28 and that the new data for Item 28 included a request to take the item off
tonight's agenda.
During Audience Communication Brian Duggan, 14315 Denne, requested
Council to put into the Committee of the Whole the topic of a timeline within which
utilities would be required to repair areas that were torn up in the process of doing
their work. Councilperson Meakin suggested that would be better suited to be
referred to the Administration for their report and recommendation.
Kristal Greniuck-Wioncek, 33044 Five Mile, Treasurer of the Livonia Storm,
talked about the 11th Annual Livonia Storm's Girls Fast Pitch tournament held at
Bicentennial Park and gave a brief history on the organization and the event.
She commended the Parks and Recreation crew and George Murphy's
Restaurant for their help in facilitating the tournament.
Mayor Wright thanked the Livonia Fire and Police for their help with the incident
at Arden Park three weeks ago
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Regular Meeting Minutes of June 20, 2016
A communication from the Department of Finance dated May 20, 2016,
re: forwarding various financial statements of the City of Livonia for the month
ending April 30, 2016, was received and placed on file for the information of the
Council.
On a motion by Brosnan, supported by Bahr, it was-
#234-16 RESOLVED, that having considered a letter from Laura M.
Walker, dated May 24, 2016, which requests permission to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended,
for the purpose of conducting a party with a live band at 14445 Huff Court
from 7:00 p.m. to 10:45 p.m. on Saturday, July 30, 2016, the Council does
hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia
Code of Ordinances between the hours of 7:00 p.m. to 10:45 p.m. on
Saturday, July 30, 2016.
#235-16 RESOLVED, that having considered a letter from Tom
Progar, VegMichigan Summer Festival Coordinator, received by the
Office of the City Clerk on May 23, 2016, which requests permission to
waive Section 8.32.070 (Noise Control) of the Livonia Code of
Ordinances, as amended, in order to hold a summer festival with live
bands at Madonna University located at 36600 Schoolcraft Road from
12:30 p.m. to 6:00 p.m. on Sunday, August 7, 2016, the Council does
hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia
Code of Ordinances between the hours of 12:30 p.m. to 6:00 p.m. on
Sunday, August 7, 2016.
#236-16 RESOLVED, that having considered a communication from
the City Engineer, dated May 12, 2016, approved for submission by the
Mayor, to which is attached a letter from Robert and Susan Favor,
received by the Office of the City Clerk on May 12, 2016, requesting a
waiver of the sidewalk requirement in order to remove the existing
sidewalk in front of the residence located at 18601 Brentwood Street, in
the NW '/4 of Section 12, the Council does hereby approve this request
inasmuch as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to lack
of any other public sidewalks existing within the neighboring area;
FURTHER, the Council does hereby reserve the right to require sidewalks
at this location in the event that additional sidewalks are installed in this
area at some future date.
#237-16 RESOLVED, that having considered a communication from
the City Engineer, dated May 12, 2016, approved for submission by the
Mayor, to which is attached a letter from Brian Duggan, D.S. Homes, LLC,
dated May 11, 2016, requesting a waiver of the sidewalk requirement in
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Regular Meeting Minutes of June 20, 2016
front of the residence located at 30687 Munger, in the NW '/4 of Section
14, the Council does hereby approve this request inasmuch as omitting
the sidewalk on the subject property would have no detrimental effect
upon the neighboring properties at this time due to lack of any other public
sidewalks existing within the neighboring area; FURTHER, the Council
does hereby reserve the right to require sidewalks at this location in the
event that additional sidewalks are installed in this area at some future
date.
#238-16 RESOLVED, that having considered an application from
Ray Franges, Mark Miller and James Rumrill, 14430 Brentwood, dated
May 10, 2016, requesting permission to close Brentwood Street between
Jacquelyn and Meadowlark, on Saturday, August 27, 2016, from 11:00
a.m. to 10:00 p.m. for the purpose of conducting a block party, the Council
does hereby grant permission as requested, including therein permission
to conduct the said affair on Sunday, August 28, 2016, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
#239-16 RESOLVED, that having considered an application from
Keleigh Styles, dated May 25, 2016, requesting permission to barricade
Van Court between Raleigh and Levan,each day,from Monday,August 8,2016
through Friday,August 12, 2016, from 9:00 a.m. to 1:00 p.m., for the purpose
of conducting Vacation Bible School, the Council does hereby grant
permission to barricade Van Court between Raleigh and Levan, each day,
from Monday, August 8, 2016 through Friday, August 12, 2016, from 9:00 a.m.
to 1:00 p.m., the action taken herein being made subject to the approval
of the Police Department.
#240-16 RESOLVED, that having considered an application from
Ron Bozzi, 18173 Lathers, dated May 27, 2016, requesting permission to
close Lathers Street between Gilman and Curtis Street, on Saturday, July
167 2016, from 12:00 p.m. to 11:00 p.m., for the purpose of conducting a
block party, with a live band, the Council does hereby grant permission as
requested, the action taken herein being made subject to the approval of
the Police Department.
#241-16 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 5 of Act 110 of the Public Acts of Michigan of 2006, as amended,
Craig S. Pastor, 20072 Parker, Livonia, Michigan 48152, is hereby
reappointed to the Zoning Board of Appeals for a three-year term expiring
July 12, 2019, with all the authority and duties as set forth in the said
Zoning Ordinance and Act 110.
#242-16 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Director of Public Works, dated May 10, 2016, which bears the signature
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Regular Meeting Minutes of June 20, 2016
of the Director of Finance and is approved for submission by the Mayor,
the Council does hereby authorize the purchase of two (2) 2017 Ford
Transit 350 HD EL Dual Rear wheel 15-passenger wagons, at a cost of
$33,190.00 each, for a total cost not to exceed $66,380.00, and the
conversion of said vehicles at a cost of$35,202.00, from Signature Ford,
1960 E. Main Street, Owosso, Michigan 48867, for a total amount not to
exceed $101,582.00, as replacement vehicles for Livonia Community
Transit, the same to be expended from funds already budgeted for this
purpose in the Capital Outlay Budget for the Community Resources
Department, Account No. 218-889-985-000; FURTHER, the Council does
hereby determine to authorize the said purchase without competitive
bidding inasmuch as the same is based upon the low State of Michigan
bid price under Contract No. 071 B1300009 and Macomb County Contract
#71-15, and such action is taken in accordance with the provisions set
forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as
amended; FURTHER, the Council does hereby authorize the disposal of
the replaced vehicles at public auction hosted by the Michigan Inter-
governmental Trade Network (MITN) or commercial auction after receipt
of the new vehicles.
#243-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
May 16, 2016, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept
the bid of Jacobsen, 25125 Trans-X Rd., Novi, MI 48375, for supplying
the Department of Parks and Recreation with one (1) Jacobsen GP400
Demo Golf Course Greens Mower for Whispering Willows Golf Course at
a total cost of$23,296.20,with a two-year warranty, the same having been
in fact the lowest bid received which meets specifications; FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed
$23,296.20 from funds already budgeted in Account No. 409-000-974-101
for this purpose; FURTHER, the Council does hereby authorize the
disposal of the replaced mower at public auction hosted by the Michigan
Inter-governmental Trade Network (MITN) or commercial auction after
receipt of the new mower.
#244-16 RESOLVED, that having considered a communication from
the Superintendent of Public Service and the Director of Public Works,
dated May 11, 2016, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the bid of Jan Door, 14351 W. Warren, Dearborn Heights, MI
48126 for performing all work required in connection with replacing
thirteen (13) overhead doors (two at City Hall and eleven at the Fleet
Maintenance Garage) for the total amount not to exceed $39,774.49, the
same having been the lowest bid received and meets all specifications;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $39,774.49 from funds already budgeted in Account
No. 401-000-971-000 (Capital Projects Fund)for this purpose; FURTHER,
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Regular Meeting Minutes of June 20, 2016
in the event that the low bidder is unable to complete the project, the
Council does hereby accept the bid of the second lowest bidder, Suburban
Door, 28003 Five Mile, Livonia, MI 48154, to perform all work required in
connection with replacing the thirteen (13) overhead doors for the total
amount not to exceed $42,500.00; and the Director of Public Works is
hereby authorized to approve minor adjustments in the work as it
becomes necessary.
#245-16 RESOLVED, that having considered a communication from
the City Engineer, dated May 23, 2016, which bears the signature of the
Director of Finance, is approved by the Director of Public Works and
approved for submission by the Mayor, the Council does hereby, for and
on behalf of the City of Livonia, accept a $7,068.00 grant from Detroit
Edison Company (DTE); FURTHER, the Council does hereby appropriate
and authorize an additional expenditure in an amount not to exceed
$47,864.00 from the unexpended fund balance of the Capital Projects
Fund (401) for contribution-in-aid construction to be paid to the Detroit
Edison Company, Community Lighting Group, 8001 Haggerty Road,
Belleville, Michigan 48111, and included with the agreement with DTE,
with the understanding that the Energy Optimization (EO) Rebate in the
amount of $11,186.00 will be reimbursed to the City upon completion of
the work; FURTHER, the Council does hereby authorize the use of these
grant funds and City funds to retrofit 124 Mercury Vapor Streetlights to
LED along Farmington Road from Six Mile Road to Eight Mile Road, which
is estimated to produce an energy cost savings of $29,521.72 annually,
and the City Engineer is hereby authorized to approve any minor
adjustments in the work as may be necessary; and the Mayor and City
Clerk are hereby authorized, for and on behalf of the City of Livonia, to
execute the agreement with DTE subject to the approval as to form by the
Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution.
#246-16 RESOLVED, that having considered a communication from
the City Engineer, dated May 23, 2016, which bears the signature of the
Director of Finance, is approved by the Director of Public Works and
approved for submission by the Mayor, regarding approval to retrofit
Mercury Vapor Streetlights to LED along Farmington Road from Six Mile
Road to Eight Mile Road, the Council does hereby refer the question of
the cost of total street light replacement with LED'S to the Infrastructure
and Community Transit Committee for its report and recommendation.
#247-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 25, 2016, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Rotondo Construction
Corporation, 38807 Ann Arbor Road, Suite 2, Livonia, MI 48150 for
completing all work required in connection with the 2016 Concrete Road
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Selective Slab Replacement Program—Contract 16-J on various concrete
streets throughout the City of Livonia, at the unit prices bid for a total
amount not to exceed $94,768.00, based upon the Engineering Division's
estimate of units involved, and subject to a final payment based upon the
actual units completed in accordance with the unit prices accepted herein,
said estimated cost and unit prices having been in fact the lowest bid
received for this item; FURTHER, the Council does hereby authorize a
budget transfer in an amount not to exceed $19,768.00 from funds
budgeted in Account No. 202-463-818-118 (Major Road Fund — Lane Line
Marking) to Account No. 204-463-818-119 (Roads, Sidewalk& Tree Fund
— Pavement and Catch Basin Repair) for this purpose; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$94,768.00 from funds already budgeted in Account No. 204-463-818-119
(Road, Sidewalk and Tree Fund — Pavement and Catch Basin Repair) for
this purpose; FURTHER, the City Engineer is hereby authorized to
approve any minor adjustments in the work as completed; and the Mayor
and City Clerk are hereby authorized to execute a contract, approved as
to form and substance by the Department of Law, for and on behalf of the
City of Livonia with the aforesaid bidder and to do all other things
necessary or incidental to the full performance of this resolution.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, and Kritzman
NAYS: None
The Vice-President declared the resolutions adopted.
A communication from the Department of Law dated June 13, 2016, re:
Proposed Vacating Ordinance, Petition 2015-07-03-01, was received and placed
on file for the information of the Council.
White gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
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Regular Meeting Minutes of June 20, 2016
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
White invoked the Emergency Clause and gave second reading to
the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and
would become effective on publication.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING TITLE 10
(VEHICLES AND TRAFFIC ) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
Bahr took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 13.03 OF ARTICLE XIII,
(P DISTRICT REGULATIONS) OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA
ZONING ORDINANCE." (Petition 2016-02-06-02)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
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Regular Meeting Minutes of June 20, 2016
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Meakin took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 120 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
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Regular Meeting Minutes of June 20, 2016
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Bahr took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 130 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Bahr took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Brosnan, supported by Meakin, it was:
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Regular Meeting Minutes of June 20, 2016
RESOLVED, that having considered a letter from Kathy Wasil,
dated May 2, 2016, which requests permission to waive Section 8.32.070
(Noise Control) of the Livonia Code of Ordinances, as amended, for the
purpose of conducting a graduation luau party at her home located at
10580 Laurel, from 3:00 p.m. to 12:00 a.m. on Saturday, July 16, 2016,
the Council does hereby determine to waive Section 8.32.070 (Noise
Control)of the Livonia Code of Ordinances between the hours of 3:00 p.m.
to 12:00 a.m. on Saturday, July 16, 2016.
Dave Wasil, 10580 Laurel, spoke on his request.
Joseph Olsen, 10632 Laurel, voiced his opposition to the request.
Following discussion by Council, Brosnan offered the following friendly
amendment to the resolution, supported by Meakin-
#248-16 RESOLVED, that having considered a letter from Kathy
Wasil, dated May 2, 2016, which requests permission to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended,
for the purpose of conducting a graduation luau party at her home located
at 10580 Laurel, from noon to 10:00 p.m. on Saturday, July 16, 2016, the
Council does hereby determine to waive Section 8.32.070 (Noise Control)
of the Livonia Code of Ordinances between the hours of noon to 10:00
p.m. on Saturday, July 16, 2016.
with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
The Vice President declared the resolution adopted.
On a motion by White, supported by Brosnan, it was-
#249-16 RESOLVED, that having considered a communication from
the City Engineer, dated May 12, 2016, approved for submission by the
Mayor, to which is attached a letter from Michael Soave, President, Soave
Homes, Inc., dated May 11, 2016, requesting a waiver of the sidewalk
requirement in front of the residence located at 15231 Santa Anita, in the
NE '/4 of Section 24, the Council does hereby approve this request
inasmuch as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time; FURTHER,
the Council does hereby reserve the right to require sidewalks at this
location in the event that additional sidewalks are installed in this area at
some future date.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Brosnan, Jolly, White, Meakin
NAYS: Bahr, Kritzman
The Vice President declared the resolution adopted.
On a motion by Brosnan, supported by Meakin, it was-
#250-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
May 10, 2016, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, which transmits Resolution#3500-
16 adopted by the Parks and Recreation Commission on May 4, 2016, in
connection with proposed fee increases for Park Pavilions, Adult Leagues,
Field Permits, Outdoor Swimming, and Playground Program to help offset
the cost of operation, the Council does hereby approve the fee increases
as set forth in Parks and Recreation Commission Resolution #3500-16,
adopted on May 4, 2016.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Brosnan, White, Bahr, Meakin, Kritzman
NAYS: Jolly
The Vice President declared the resolution adopted.
On a motion by White, supported by Brosnan, and unanimously adopted, it
was:
#251-16 RESOLVED, that having considered a communication from
the City Treasurer dated June 1, 2016, regarding the replacement of
sidewalks in the City of Livonia on the following parcels in the following
amounts:
Parcels of property and assessment, as outlined in the
Treasurer's letter, dated June 1, 2016, is included herein by
reference;
which work was done pursuant to Council Resolution 92-16 and in
accordance with the provisions of Section 12.04.340 of the Livonia Code
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of Ordinances, Title 12, Chapter 4, and the City Treasurer having
thereafter sent a statement of charges by first class mail to the owners of
property to be assessed wherein notice of the meeting by the City Council
on this date was given and at least 30 days having expired since the giving
of such notice with such charges remaining unpaid, the Council does
hereby, pursuant to the provisions of Section 3.08.150 of the Livonia Code
of Ordinances, Title 3, Chapter 8, adopt this resolution wherein a special
assessment is placed upon such property for said charges; FURTHER,
the Council does hereby authorize installment payments in the number of
three (3) installments at 6% interest where assessments exceed $400 and
the property owner has requested such installments; FURTHER, the
Council does hereby request that the City Treasurer shall give notice of
the amounts herein determined to the persons chargeable therewith, such
notice to be sent by first class mail to the last known address of such
persons as shown on the most current assessment roll of the City, and
where payments herein authorized are not made within the specified time
this fact shall be reported by the City Treasurer to the City Assessor who
shall charge such amount together with a penalty of 10% of such amounts
against the persons or real property chargeable therewith on the next
general tax roll; and the City Clerk and City Treasurer are hereby
requested to do all things necessary or incidental to the full performance
of this resolution.
Vice President Kritzman stepped down from the podium at 7:48 p.m. to avoid any
perceived conflict of interest and passed the gavel to Brosnan.
On a motion by Meakin, supported by Jolly, it was-
#252-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 23, 2016, which bears
the signature of the Director of Finance and the City Attorney, is approved
by the Director of Public Works and approved for submission by the
Mayor, to which is attached a proposed Contract Amendment from
Hubbell, Roth & Clark, Inc., dated May 20, 2016, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute a contract amendment between the City of Livonia and
Hubbell, Roth and Clark, Inc., 555 Hulet Drive, P.O. Box 824, Bloomfield
Hills, Michigan 48303-0824, to provide design engineering services forthe
Amrheim Road Reconstruction Project, to reconstruct Amrheim Road
from Eckles Road to 3,500 feet east of Eckles Road, in an amount not to
exceed $110,800.00; FURTHER, the Council does hereby appropriate
and authorize the expenditure of a sum not to exceed $110,800.00 from
the Unexpended Fund Balance of the Major Road Fund (202); and the
City Engineer is hereby authorized to approve minor adjustments in the
work as it becomes necessary.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, White, Bahr, Meakin and Brosnan
NAYS: None
Councilperson Brosnan declared the resolution adopted.
Vice President Kritzman returned to the podium at 7:49 p.m. and resumed the
gavel.
Councilperson Meakin stepped down from the podium at 7:50 p.m. to avoid any
perceived conflict of interest.
On a motion by Bahr, supported by Jolly, it was-
#253-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 12, 2016, approved for
submission by the Mayor, which transmits its Resolution #05-35-2016,
adopted on May 10, 2016, with regard to Petition 2016-04-02-06,
submitted by O'Malley's Bar and Grill for waiver use approval, to expand
the existing food service operation and Class C Liquor License of the
restaurant to include an outdoor dining patio located on the west side of
Farmington Road between Lyndon Avenue and Five Mile Road (15231
Farmington Road), in the Northeast 1/4 of Section 21, The Council does
hereby concur in the recommendation made by the City Planning
Commission and Petition 2016-04-02-06 is hereby approved and granted,
subject to the following conditions-
1.
onditions:1. That the plans submitted by O'Malley's Bar & Grill, as received by
the Planning Commission on April 20, 2016, are hereby approved
and shall be adhered to;
2. That the petitioner shall work with the City of Livonia Inspection and
Engineering Departments in the final design and location of the
piers so as to minimize encroachment into the sanitary sewer
easement;
3. That the issues as outlined in the correspondence dated April 26,
2016 from the Livonia Fire and Rescue Division shall be resolved
to the satisfaction of the Inspection Department and/or Engineering
Department;
4. That the petitioner agrees to hold the City harmless should any
needed repairs to the sanitary sewer cause damage to the patio;
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Regular Meeting Minutes of June 20, 2016
5. That the number of outdoor patio seats shall not exceed a total of
thirty-six (36) seats;
6. That unless approved by the proper local authority, any type of
exterior advertising on the patio, such as promotional flags,
streamers or umbrellas designed to attract the attention of passing
motorists, shall be prohibited;
7. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for deficient parking
and any conditions related thereto;
8. That appropriate recordable legal instrumentation, such as a cross
parking agreement, that gives notice and outlines the terms of how
the subject property(s) would share parking and access, be
supplied to the City;
9. That no advertising shall be permitted on any of the seating or table
apparatus of the outdoor patio area;
10. That all light fixtures shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring into
adjacent roadways;
11. That the Planning and Inspection Departments shall approve the
location, size and type of potted plant materials placed along the
outside edge of the patio;
12. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
13. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
and
14. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Brosnan, Jolly, White, Bahr and Kritzman
NAYS: None
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The Vice President declared the resolution adopted.
Councilperson Meakin returned to the podium at 7:52 p.m.
An email communication from Andrew Richner, Clark Hill, received in the
Office of the City Clerk on June 20, 2016, re: Agenda Item Number 28,
requesting that their waiver Petition 2015-06-0208 (The Kroger Company) for a
Specially Designated Distributor License transfer be taken off the June 20, 2016
Meeting Agenda and moved to the Regular Meeting of July 11, 2016.
At the request of the Chair, Item No. 28 was removed from the Agenda.
On a motion by Brosnan, supported by Jolly, and unanimously adopted, it
was:
#254-16 WHEREAS, pursuant to due and proper notice published
and mailed to all property owners in Special Assessment District No. 424,
more particularly described in Council Resolution 212-16, adopted on May
16, 2016, as required by the provisions of the City Charter and Title 3,
Chapter 8 of the Livonia Code of Ordinances, as amended, a public
hearing thereafter having been held thereon on Wednesday, June 1,
2016, at City Hall, 3300 Civic Center Drive, Livonia, Michigan, and the City
Council having duly met and reviewed the special assessments levied in
the special assessment roll prepared by the City Assessor to cover the
district in which to determine necessity to include two (2) outlots at 9824
and 9825 Richfield to the Special Assessment Street Lighting Project in
the Churchill Manor Site Condominiums, located west of Newburgh Road
and north of Joy Road, in the Southeast 1/4 of Section 31 in said Special
Assessment District No. 424; and
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine necessity to include two (2) outlots at 9824 and 9825
Richfield to the Special Assessment Street Lighting Project in the Churchill
Manor Site Condominiums and that the assessments set forth in said
Special Assessment District No. 424 Roll are fair and equitable and based
upon benefits derived in said district, in accordance with the plans of the
City Engineer and resolutions of the City Council; said Special
Assessment Roll No. 424 is hereby approved and confirmed in all
respects and pursuant to the provisions of Section 3.08.130 of the Livonia
Code of Ordinances, as amended, the City Clerk shall endorse the date
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Regular Meeting Minutes of June 20, 2016
of confirmation on the Assessment Roll, and the assessment roll shall
then be immediately transmitted to the City Treasurer who shall take
further action as set forth in Title 3, Chapter 8 of the Livonia Code of
Ordinances, as amended.
There was no Audience Communication at the end of the meeting.
On a motion by Meakin, supported by Brosnan, and unanimously
adopted, this 1,803rd Regular Meeting of the Council of the City of Livonia
was adjourned at 7:54 p.m. on June 20, 2016.
Susan M. Nash
City Clerk