HomeMy WebLinkAboutMINUTES 2017-11-01
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTY-SIXTH
REGULAR MEETING OF NOVEMBER 1, 2017
On November 1, 2017 the above meeting was held at the City
Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Kathleen McIntyre at 7:00 p.m. Vice President Brandon Kritzman
led the meeting in the Pledge.
Roll was called with the following result: Brandon Kritzman,
Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin and
President Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina,
Director of Planning and Economic Development; Todd Zilincik, City Engineer;
Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director
of Legislative Affairs;; Lynda Scheel, Treasurer; and Mayor Dennis Wright.
On a motion by White, supported by Jolly, and unanimously
adopted, it was:
#354-17 RESOLVED, that the minutes of the 1,835th
Regular Meeting of Council held October 16, 2017 are
approved as submitted.
Councilmember White thanked everyone for their support following the death
of her father.
Councilmember Meakin announced that there was one retiree in October,
Merrill Wassell, who served the City as a Librarian II for twenty-five years
and wished her well on her retirement.
President McIntyre announced there will be one (1) Public Hearing being
held on Wednesday, November 15, 2017 in the Auditorium of City Hall
located at 33000 Civic Center Drive, Livonia at 7:00 p.m. on the following:
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Regular Meeting Minutes of November 1, 2017
Establishment of the Assessment Roll for the Proposed Mystic Creek
Site Condominiums Street Lighting Project, located east of Wayne
Road and south of Curtis Road, in the Southeast ¼ of Section 9.
She then stated that there is new data on Items 8, 10 and 12.
During Audience Communication Carol Wishard, 32030 Joy Road,
addressed Council with some suggestions she has that she would like
to see added to the Vicious Dog Ordinance after losing her pet to a
dog that got out of its yard.
Marlon Keilman, 37642 Howell, addressed Council on the recurring
issue of the toilets that are on his neighbor’s lawn and asked what, if
any, results had been made on Council’s progress on the issue.
Paul Campo, 23197 Elmgrove, Farmington Hills, informed Council of
his recent experience in applying for a position on the Livonia Police
Department and asked for their help in addressing the issue with Civil
Service or Administration.
On a motion by White, supported by Bahr, it was:
#355-17 RESOLVED, that having considered the report and
recommendation of the Office of the Mayor, dated October 4, 2017, and
in accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996,
as amended, the Council does hereby approve of and concur in the
reappointment of Jack Engebretson, 18871 Comstock, Livonia, MI
48152, to the Livonia Brownfield Redevelopment Authority for a term of
three years, which will expire on November 24, 2020
#356-17 RESOLVED, that having considered the report and
recommendation of the Office of the Mayor, dated October 4, 2017, and
in accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996,
as amended, the Council does hereby approve of and concur in the
reappointment of Lynda Scheel, 19980 Mayfield, Livonia, MI 48152, to
the Livonia Brownfield Redevelopment Authority for a term of three
years, which will expire on November 24, 2020.
A communication from the Office of the City Clerk, dated
October 4, 2017, to which is attached a communication from the Scott
T. Vandemergel, MMAO (4), Director of Assessment & Equalization,
Wayne County Zoological Authority (WCZA), dated August 25, 2017,
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Regular Meeting Minutes of November 1, 2017
re: Tax Collection for the Wayne County Zoological Authority Millage
for the 2017 Tax Year, was received and placed on file for the
information of the Council.
A communication from the Office of the City Clerk, dated October
4, 2017, to which is attached a communication from Scott D.
Vandemergel MMAO (4), Director of Assessment & Equalization,
Wayne County Art Institute Authority (WCAIA), dated August 25, 2017,
re: Tax Collection for the Wayne County Art Institute Authority for the
2017 Tax Year, was received and placed on file for the information of
the Council.
#357-17 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated September 28, 2017,
which bears the signature of the Director of Finance and the City
Attorney, and is approved for submission by the Mayor, the Council
does hereby authorize the purchase of one (1) Ford Police Interceptor
in the amount of $29,362.00 and one (1) Ford Police Sedan in the
amount of $32,495.00, for a total amount not to exceed $61,857.00, to
replace two (2) vehicles damaged beyond repair in July and August,
2017, for use by the Uniform Division, from Signature Ford, 1960 E.
Main Street, Owosso, MI 48867; FURTHER, an amount not to exceed
$61,857.00 is hereby authorized to be expended from insurance carrier
reimbursement and budgeted funds from Account No. 101-325-985-
000 for this purpose; FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as
the same is based upon the low Macomb County consortium bid #12-
07, MY2017 and such action is taken in accordance with the provisions
set forth in Section 3.04.140D4 of the Livonia Code of Ordinances, as
amended.
#358-17 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated September 27, 2017,
which bears the signature of the City Attorney, and is approved for
submission by the Mayor, to which is attached a Memorandum of
Understanding (MOU) between the Western Wayne County Special
Operations Team (WWCSOT) and the participating municipal police
and fire agencies, consisting of Canton Township, Plymouth Township,
Redford Township, Van Buren Township, City of Plymouth, City of
Wayne, Garden City, and City of Northville, to memorialize the legacy
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Regular Meeting Minutes of November 1, 2017
agreement governing the scope, authority, budget and activation of the
Western Wayne County Special Operations Team, the Council does
hereby authorize the Livonia Police Chief, Livonia Chief of Fire and
Rescue, Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute this Memorandum of Understanding subject to the review
and approval of the Law Department, and to do all other things
necessary or incidental to the full performance of this resolution.
A communication from the Office of the Treasurer, dated
October 13, 2017, re: Delinquent Real Property Taxes Due, was
received and placed on file for the information of the Council.
#359-17 RESOLVED, that having considered a communication
from the Office of the Treasurer, dated October 13, 2017, and a
communication from the City Planning Commission, dated September
20, 2017, which transmits its resolution #09-53-2016, adopted on
September 19, 2017, which is approved for submission by the Mayor,
with regard to Petition 2017-08-08-08, submitted by BJ’s Restaurant,
Inc., in connection with a proposal to construct an addition to the
previously approved restaurant (BJ’s Restaurant & Brewhouse) located
on the east side of Haggerty Road between Seven Mile and Eight Mile
Roads (19470 Haggerty Road), in the Southwest 1/4 of Section 6, the
Council does hereby concur in the recommendation of the Planning
Commission and Petition 2017-08-08-08 is hereby approved and
granted, subject to the following conditions:
1. That the Preliminary Site Plan labeled C1.01 dated August 7,
2017, as revised, prepared by WD Partners, is hereby
conceptually approved;
2. That this approval is for the expansion to BJ’s food service,
brewing, catering or take-out operations conducted in
conjunction with BJ’s Restaurant & Brewhouse and for no other
purpose, unless an alternative use is first submitted for review
and approval and is deemed by the Planning Commission and
City Council to be complementary to the other uses in the
entertainment complex;
3. That the Petitioner will submit all required Planning and Zoning
applications, including a detailed site plan, floor plan, landscape
plan and building elevations when a specific use and/or tenant
for the addition is proposed;
4. That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
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Regular Meeting Minutes of November 1, 2017
character, material and color to other exterior materials on the
building;
5. That all conditions imposed by Council Resolution #187-17 shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions;
6. 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; and
7. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council,
and unless a building permit is obtained, this approval shall be
null and void at the expiration of said period.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kritzman, Brosnan, Jolly, White, Bahr, Meakin and
McIntyre
NAYS: None
The President declared the resolutions adopted.
A communication from the Department of Law, dated November 1,
2017, transmitting an email correspondence from Judge Kavanagh, re:
proposed amendment to Section 050 of Title 9, Chapter 32 (alcoholic liquor)
of the Livonia Code of Ordinances, was received and placed on file for the
information of the Council.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 32 (Alcoholic Liquor),
OF TITLE 9, SECTION 050. OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
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Regular Meeting Minutes of November 1, 2017
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.
Vice President Kritzman stepped down from the podium to avoid any
perceived conflict of interest at 7:17 p.m.
A communication from the Planning and Economic Development
Director, dated October 11, 2017, re: Comprehensive Master Plan –
Professional Service Agreement, was received and placed on file for the
information of the Council.
On a motion by Brosnan, supported by Meakin, it was:
#360-17 RESOLVED, that having considered the reports and
recommendations of the Planning and Economic Development
Director, dated October 4, 2017 and October 11, 2017, which bear the
signature of the Finance Director and City Attorney, and are approved
for submission by the Mayor, to which is attached a proposed
Professional Service Agreement between the City of Livonia and
McKenna Associates for professional services related to the
preparation of a City-wide Comprehensive Master Plan, the Council
does hereby authorize an expenditure in an amount not to exceed
$98,237.00 payable to McKenna Associates, 235 E. Main Street, Suite
105A, Northville, MI 48167 for professional services related to the
preparation of a City-Wide Comprehensive Master Plan; FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $98,237.00 from Account No. 101-805-818-800 for this
purpose; FURTHER, the Council does hereby authorize the Mayor and
City Clerk, for and on behalf of the City of Livonia, to execute the
attached Professional Service Agreement between the City of Livonia
and McKenna Associates, 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 resolution with the following
result:
AYES: Brosnan, Jolly, White, Bahr, Meakin and McIntyre
NAYS: None
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Regular Meeting Minutes of November 1, 2017
The President declared the resolution adopted.
Vice President Kritzman returned to the podium at 7:18 p.m.
On a motion by Brosnan, supported by White, and unanimously
adopted, it was:
#361-17 RESOLVED, that having considered the reports and
recommendations of the Planning and Economic Development
Director, dated October 4, 2017 and October 11, 2017, which bear the
signature of the Finance Director and City Attorney, and are approved
for submission by the Mayor, the Council does hereby refer the subject
matter of the City-Wide Comprehensive Master Plan to the Committee
of the Whole for its report and recommendation.
A communication from the Office of the Treasurer, received October
24, 2017, re: Delinquent Real Property Taxes Due – 9039 Middlebelt, was
received and placed on file for the information of the Council.
A communication from the Office of the Treasurer, dated November 1,
2017, re: Update on Delinquent Real Property Taxes Due – 9039 Middlebelt,
was received and placed on file for the information of the Council.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#362-17 RESOLVED, that having considered a communication
from the City Planning Commission, dated September 12, 2017, which
transmits its resolution 09-50-2017, adopted on September 5, 2017,
with regard to Petition 2017-07-01-04, submitted by Elizabeth Nace, to
rezone the property located on the west side of Middlebelt Road
between Joy Road and Grandon Avenue (9039 Middlebelt Road) in the
Southeast 1/4 of Section 35, from OS (Office Services) to R-1 (One
Family Residential – 60’x120’ Lot), and the Council having conducted
a public hearing with regard to this matter on Monday, October 9, 2017,
the Council does hereby approve Petition 2017-07-01-04, for
preparation of the ordinance for submission to Council; and the City
Planner is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such
map, the Department of Law is requested to prepare an ordinance
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Regular Meeting Minutes of November 1, 2017
amending Ordinance 543, as amended, in accordance with this
resolution.
On a motion by Brosnan, supported by Meakin, it was:
#363-17 RESOLVED, that having considered a communication
from the Livonia Brownfield Redevelopment Authority, dated
September 18, 2017, approved for submission by the Mayor, and which
transmits its resolution nos. 05-2017 and 06-2017, adopted on
September 7, 2017, and the Council having conducted a Public Hearing
with regard to this matter on October 9, 2017, the Council does hereby
refer this subject matter to the Committee of the Whole for its report and
recommendation.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Kritzman, Brosnan, Jolly, White, Bahr and Meakin
NAYS: McIntyre.
The President declared the resolution adopted.
On a motion by Kritzman, supported by Brosnan, it was:
#364-17 RESOLVED, that upon the motion by Councilmember
Brandon M. Kritzman, seconded by Councilmember Maureen Miller
Brosnan, at the Regular Meeting held November 1, 2017, the
Council does hereby refer the subject matter of the City’s use of the
Brownfield Redevelopment Law to the Committee of the Whole
for its report and recommendation.
Jack Engebretson, Chairman of the Brownfield Redevelopment Authority
spoke on the matter.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Kritzman, Brosnan, Jolly, White, Bahr and Meakin
NAYS: McIntyre
The President declared the resolution adopted.
A communication from the Office of the Treasurer, dated November 1,
2017, re: Update – Delinquent Real Property Taxes Due – 34014
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Regular Meeting Minutes of November 1, 2017
Orangelawn, Livonia, MI 48150, was received and placed on file for the
information of the Council.
On a motion by Meakin, supported by Brosnan, and unanimously
adopted, it was:
#365-17 RESOLVED, that having considered a communication
from the Office of the Treasurer, dated October 5, 2017, and a
communication from the City Engineer, dated October 3, 2017,
approved for submission by the Mayor, to which is attached a letter from
Chris Byron, received by the Office of the City Clerk, on September 28,
2017, requesting a waiver of the sidewalk requirement in front of the
single-family home constructed at 34014 Orangelawn, in the N.E. ¼ of
Section 33, 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 the lack of
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.
On a motion by Brosnan, supported by Jolly, and unanimously adopted,
it was:
#366-17 RESOLVED, that having considered a communication
from the Department of Law, dated October 5, 2017, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Majid Koza, Manager/Member, Laurel
Investment, LLC, for a 20-foot wide public utility easement in
connection with the water main constructed at the subject location in
the Southeast 1/4 of Section 7, more particularly described as:
20’ Wide Water Main Easement “A”
A 20 feet wide water main easement over part of Proposed Parcel A,
being part of Parcel No. 46-028-99-0006-006, said land also being part
of the Southeast ¼ of Section 7, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, the centerline of said easement
being more particularly described as:
Commencing at the Southeast corner of said Section 7; thence along
the south line of said Section 7, S. 89°58’00” W. 1,571.74 feet, thence
N. 00°02’00” W. 90.00 feet to a point on the north line of Six Mile Road
(variable width); thence continuing N. 00°02’00” W. 157.99 feet; thence
131.25 feet along an arc of a curve to the right, having a radius of
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Regular Meeting Minutes of November 1, 2017
160.00 feet and a chord that bears N. 23°27’59” E. 127.60 feet; thence
N. 46°58’00” E. 166.85 feet to the westerly line of North Laurel Park
Drive (88 feet wide); thence along said westerly line, N. 43°02’00” W.
58.69 feet; thence 10.91 feet along an arc of a curve to the right, having
a radius of 35.00 feet and a chord that bears S. 38°02’16” W. 10.86
feet; thence S. 46°58’00” W. 57.48 feet; thence 102.69 feet along an
arc of a curve to the right, having a radius of 200.00 feet and a chord
that bears S. 61°40’35” W. 101.57 feet to the Point of Beginning;
thence N. 45°11’37” E. 166.54 feet to the aforementioned westerly line
of North Laurel Park Drive and the Point of Ending.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and
to do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by White, supported by Bahr, and unanimously adopted,
it was:
#367-17 RESOLVED, that having considered a communication
from the Department of Law, dated October 5, 2017, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Majid Koza, Manager/Member, Laurel
Investment, LLC, for a 20-foot wide public utility easement in
connection with the water main constructed at the subject location in
the Southeast 1/4 of Section 7, more particularly described as:
20’ Wide Water Main Easement “B”
A 20 feet wide water main easement over part of Proposed Parcel B,
being part of Parcel No. 46-028-99-0006-006, said land also being part
of the Southeast ¼ of Section 7, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, the centerline of said easement
being more particularly described as:
Commencing at the Southeast corner of said Section 7; thence along
the south line of said Section 7, S. 89°58’00” W. 1,571.74 feet, thence
N. 00°02’00” W. 90.00 feet to a point on the north line of Six Mile Road
(variable width); thence continuing N. 00°02’00” W. 157.99 feet; thence
131.25 feet along an arc of a curve to the right, having a radius of
160.00 feet and a chord that bears N. 23°27’59” E. 127.60 feet; thence
N. 46°58’00” E. 166.85 feet to the westerly line of North Laurel Park
Drive (88 feet wide); thence along said westerly line, N. 43°02’00” W.
58.69 feet; thence 10.91 feet along an arc of a curve to the right, having
a radius of 35.00 feet and a chord that bears S. 38°02’16” W. 10.86
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Regular Meeting Minutes of November 1, 2017
feet; thence S. 46°58’00” W. 57.48 feet; thence 102.69 feet along an
arc of a curve to the right, having a radius of 200.00 feet and a chord
that bears S. 61°40’35” W. 101.57 feet to the Point of Beginning;
thence S. 45°11’37” W. 36.03 feet to the Point of Ending.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and
to do all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Bahr, supported by Jolly, and unanimously adopted, it
was:
#368-17 RESOLVED, that having considered a communication
from the Department of Law, dated October 5, 2017, approved for
submission by the Mayor, transmitting for Council acceptance a Grant
of Easement executed by Majid Koza, Manager/Member, Laurel
Investment, LLC, for a 20-foot wide public utility easement in
connection with the storm sewer constructed at the subject location in
the Southeast 1/4 of Section 7, more particularly described as:
20’ Wide Storm Sewer Easement
A 20 feet wide storm sewer easement over part of Proposed Parcel B,
being part of Parcel No. 46-028-99-0006-006, said land also being part
of the Southeast ¼ of Section 7, Town 1 South, Range 9 East, City of
Livonia, Wayne County, Michigan, the centerline of said easement
being more particularly described as:
Commencing at the Southeast corner of said Section 7; thence along
the south line of said Section 7, S. 89°58’00” W. 1,571.74 feet, thence
N. 00°02’00” W. 90.00 feet to a point on the north line of Six Mile Road
(variable width); thence continuing N. 00°02’00” W. 157.99 feet; thence
131.25 feet along an arc of a curve to the right, having a radius of
160.00 feet and a chord that bears N. 23°27’59” E. 127.60 feet; thence
N. 46°58’00” E. 166.85 feet to the westerly line of North Laurel Park
Drive (88 feet wide); thence along said westerly line, N. 43°02’00” W.
11.98 feet to the Point of Beginning; thence S. 48°54’12” W. 31.50 feet
to the Point of Ending.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and
to do all other things necessary or incidental to fulfill the purpose of this
resolution.
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There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by Bahr, and unanimously adopted,
this 1,836th Regular Meeting of the Council of the City of Livonia was
adjourned at 7:41 p.m. on November 1, 2017.
_____________________
Susan M. Nash, City Clerk