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HomeMy WebLinkAboutMINUTES 2018-04-23 40544 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FORTY-SEVENTH REGULAR MEETING OF APRIL 23, 2018 On April 23, 2018 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Laura Toy at 7:00 p.m. Councilmember Kathleen McIntyre led the meeting in the Pledge. Roll was called with the following result: Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman, Scott Bahr and President Laura Toy. Absent: Cathy White. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Curtis Caid, Chief of Police; Brian Kahn, Director of Emergency Preparedness; Ted Davis, Superintendent of Parks and Recreation; and Mayor Dennis Wright. On a motion by Jolly, supported by McIntyre, it was: #149-18 RESOLVED, that the minutes of the 1,846th Regular Meeting of Council held April 9, 2018 are approved as presented. A roll call vote was taken on the above resolution with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy NAYS: None PRESENT: Jolly The President declared the resolution adopted. 40545 Regular Meeting Minutes of April 23, 2018 Carrie Spurling from the Livonia Arts Commission presented $1,000 scholarships to Kylee Johnson and Kaitlyn Vinitski in memory of Anne Pritchard, a longtime Livonia resident and artist. Darcy Crain, 1860 Northbrook, Ann Arbor, a member of Ms. Pritchard’s family, spoke briefly about her and the scholarship that was established in her name. Ms. Spurling introduced both recipients who spoke and thanked the Commission for their scholarships. She then introduced the members of the Art Commission and thanked Council for allowing the time to present the scholarships at the meeting. Councilmember McIntyre recognized CERT, Community Emergency Response Team, who was honored with the recognition as volunteer of the year organization and introduced Brian Kahn, Director of Emergency Preparedness, and Cheryl Nadratowski. Director Kahn explained the role that CERT plays in the community, it being a 60-member volunteer organization, under the direction of FEMA, and how they assist in emergency situations. Members Sandy Goga and Mike Bohlen were awarded certificates. Kahn also stated that the Livonia CERT team were acknowledged not only best volunteer organization, but best coordinator and best team and thanked Chief Caid, Mayor Wright and the City for its support. Chief Caid also spoke on the importance of CERT and encouraged other citizens to become involved as well. Councilmember Bahr introduced Peggy Roberts, Executive Director of AAA Pregnancy Center, and spoke highly of her organization and everything it offers. Ms. Roberts came to the podium and talked about the company which was started in Livonia in 1973 and the many different services it provides to the community. She then invited everyone to attend the AAA Race for Life Event th which is coming up on May 12. President Toy announced there will be an X-item at the end of the Regular Agenda and that there is new data on Item #12. She then wished Vice President Jim Jolly a happy birthday. th Vice President Jim Jolly wished his daughter Claire a happy 5 birthday. President Toy then spoke about the death of former City Clerk Joan McCotter and former First Lady Barbara Bush and read a quote by the late First Lady. During Audience Communication Chris Hatley, 14714 Ellen Drive, spoke about the damage that occurred to his front lawn when a tree was removed at 14701 Ellen by G’s Tree Service who was contracted through the city and has not been able to resolve the issue. President Toy stated that she would refer the matter to Administration to look into it. 40546 Regular Meeting Minutes of April 23, 2018 Mary Edwards, 17315 Fitzgerald, came to encourage the Mayor and City Council to support the Regional Transportation Authority proposal that may be on the ballot in November. She urged residents to attend the RTA Community Meeting th April 30 at 5:30 at Schoolcraft College. President Toy asked for clarification on the cost to the residents of Livonia. Vice President Jolly described the City’s past history on this topic and assured Ms. Edwards that the matter had been looked into previously. A communication from the Department of Finance, dated March 29, 2018, re: forwarding various financial statements of the City of Livonia for the month ending January 31, 2018, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated April 2, 2018, re: forwarding various financial statements of the City of Livonia for the month ending February 28, 2018 was received and placed on file for the information of the Council. On a motion by Bahr, supported by McIntyre, it was: #150-18 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, 9917 Cranston, Livonia, MI 48150, dated March 20, 2018, requesting permission to close Cranston Avenue between Elmira and Orangelawn, on Monday, May 28, 2018 from 2:00 p.m. to 8:00 p.m. for the purpose of conducting an annual Memorial Day block picnic, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #151-18 RESOLVED, that having considered an application from Jennifer Learning, President, DFAD Dance Team Booster Club, dated March 16, 2018, the Council does hereby take this means to indicate that the DFAD Dance Team Booster Club is recognized as a non-profit organization operating in the community, and the action herein being taken for the purpose of affording the DFAD Dance Team Booster Club the opportunity to qualify for a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute. #152-18 RESOLVED, that having considered a communication from the Mayor, dated March 27, 2018, wherein he has requested approval of the reappointment of Jeremy Curtis, 17875 Woodside, Livonia, Michigan 48152, to the Livonia Plymouth Road Development Authority as a 40547 Regular Meeting Minutes of April 23, 2018 Resident Member at Large for a four-year term expiring May 16, 2022, pursuant to Section 3.16.060 of the Livonia Code of Ordinances, as amended, and Act No. 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. #153-18 RESOLVED, THAT WHEREAS, under the provisions of Title I of the Housing and Community Development Act of 1974, as amended, the Secretary of Housing and Urban Development is authorized to make grants to units of local government to help finance community development programs; and WHEREAS, the primary objective of such Act is the development of viable urban communities by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, to obtain its Fiscal Year 2018-2019 entitlement funds under the Community Development Block Grant Program as authorized by the Housing Community Development Act of 1974, the City of Livonia must submit a Statement of Community Development Objectives and Projected Use of Funds, satisfactory assurances that the Program will be conducted and administered in accordance with appropriate federal and state laws and Department of Housing and Urban Development regulations; and satisfactory assurances that, prior to submission of its Final Statement of Community Development Objectives and Projected Use of Funds, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities; the range of activities that may be undertaken, the estimated amount of those funds proposed to be used for activities that will benefit low and moderate income persons, and other important program requirements; (B) held a public hearing to obtain the views of citizens on community development and housing needs; and (C) provided citizens an adequate opportunity to examine the content of and to submit comments on the proposed Statement of Community Development Objectives and Projected Use of Funds. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Livonia, Michigan, that the Final Statement of Community Development Objectives and Projected Use of Funds for the Fiscal Year 2018-2019 Community Development Block Grant Program is hereby approved and shall be submitted to the Department of Housing and Urban Development. FURTHER, the Director of Housing, Mayor, and City Clerk shall have the authority to execute the sub-recipient contracts. #154-18 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated March 26, 2018, which bears the signature of the Director of Finance and is 40548 Regular Meeting Minutes of April 23, 2018 approved for submission by the Mayor, and to which is attached proposed Hold Harmless Contracts between the City of Livonia and First Step; Fair Housing Center of Metropolitan Detroit; Wayne Metropolitan Community Action Agency; Cruz Clinic; Hegira Programs, Inc.; St. John Health Systems/Eastwood Clinics; Stonebrook Counseling Associates, PLLC and City of Livonia Department of Community Resources for the period July 1, 2018 through June 30, 2019, in connection with CDBG-funded victim assistance, fair housing initiative and mental health counseling programs, the Council does hereby authorize the Mayor, City Clerk and Housing Director, for and on behalf of the City of Livonia, to execute hold harmless contracts that are acceptable to the Law Department as to form and content, as well as, to do all other things necessary or incidental to the full performance of this resolution. #155-18 RESOLVED, that having considered a communication from the Director of Community Resources, dated March 22, 2018, which is approved for submission by the Mayor, to which is attached a letter from the Festival Chairs of the Motor City Irish Fest, P.O. Box 511361, Livonia, Michigan 48151, requesting permission to hold the 2019, 2020 and 2021 Annual Motor City Irish Fest at Greenmead, with the event to be held as follows: Friday June 7, 2019 5:00 p.m. to 11:00 p.m. Saturday June 8, 2019 12:00 p.m. to 11:00 p.m. Sunday June 9, 2019 12:00 p.m. to 8:00 p.m. Friday June 12, 2020 5:00 p.m. to 11:00 p.m. Saturday June 13, 2020 12:00 p.m. to 11:00 p.m. Sunday June 14, 2020 12:00 p.m. to 8:00 p.m. Friday June 11, 2021 5:00 p.m. to 11:00 p.m. Saturday June 12, 2021 12:00 p.m. to 11:00 p.m. Sunday June 13, 2021 12:00 p.m. to 8:00 p.m. The Council does hereby grant permission as requested, the action taken herein being subject to the following conditions: 1. That the Motor City Irish Fest and all equipment operators shall provide the City of Livonia with appropriate insurance policies naming the City of Livonia as additional insured with liability coverage of $1 million, and all certificates of insurance shall be submitted to the Department of Law for approval by the City prior to the event; 2. That the Motor City Irish Fest and any vendors involved in the sale of beer or wine on Greenmead property shall provide the City of Livonia with an insurance policy naming 40549 Regular Meeting Minutes of April 23, 2018 the City of Livonia as additional insured with liquor liability coverage in the amount of $1 million, such certificate to be submitted to the Department of Law for approval by the City prior to the event; 3. That the Motor City Irish Fest shall execute a hold harmless agreement in favor of the City of Livonia in a manner and form acceptable to the Department of Law; 4. That all vendors must obtain transient merchant licenses from the City of Livonia prior to the event, and all necessary licenses and permits from state and county agencies prior to the event; 5. That the Motor City Irish Fest shall pay the police fee as stated on the City of Livonia Fees/Waivers IV Category Grid as established in Council Resolution 660-03, adopted on December 17, 2003; 6. The Motor City Irish Fest will secure the festival grounds with fencing as required by the Michigan Liquor Control Commission; 7. The Motor City Irish Fest will provide portable toilet facilities sufficient to accommodate all attendees; 8. The Motor City Irish Fest will have procedures in place regarding admissions to the grounds and provide security personnel for the duration of the festival; 9. The Motor City Irish Fest will be responsible for the setup, maintenance and breakdown of any tents or temporary onsite structures used during the festival; 10. The Motor City Irish Fest will be responsible for grounds keeping, garbage removal and cleanup for the duration of the festival; 11. The Motor City Irish Fest will provide additional towers of lighting for use at night and will remove same in accordance with the rules and regulations of Greenmead; FURTHER, the Council does hereby approve the proposed flat rate fee of $4,500.00, plus $1.00 for every advance ticket sold by Greenmead and 20% of the income from vehicle parking, as set forth in the attachment to the aforementioned correspondence from the Festival Chairs of the Motor City Irish Fest for use of the property; and with the further understanding that the Historical Commission will have the opportunity to realize 40550 Regular Meeting Minutes of April 23, 2018 additional profits from operating a food booth, and sales from gift shop operations; FURTHER, the Motor City Irish Fest will be responsible for handling vehicle parking and will be entitled to retain 80% of parking fees; FURTHER, the Council does hereby approve the request to sell raffle tickets on the grounds of Greenmead in connection with this event. #156-18 RESOLVED, that having considered the report and recommendation of the Director of Community Resources, dated March 22, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit bid price of Printwell, 26975 Northline Road, Taylor, MI 48180, for typesetting, printing, sorting and delivering to the Post Office 44,000 copies of the city’s newsletter, to be published three times a year, for an amount not to exceed $9,750.66 per publication, for a three-year period beginning with the 2018 Fall/Winter issue, the same having been the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $9,750.66 from funds already budgeted in Account No. 101- 893-886-110 (Special Activities) for this purpose. #157-18 RESOLVED, that having considered the report and recommendation of the Director of Community Resources and the Director of Public Works, dated March 20, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of one (1) 2018 Ford Transit 350 high roof 15-passenger El Wagon from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total amount not to exceed $54,051.00, to replace Bus #849 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. 071B770080 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 vehicle at public auction hosted by the Michigan Inter- governmental Trade Network (MITN) or commercial auction after receipt of the new vehicle. #158-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works and the Director of Public Works, dated March 16, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Arbormaster Tree Service, LLC, 5295 Crestover, Pinckney, MI 48169 for completing all work required in connection with the City’s 2018 and 2019 Tree and Stump 40551 Regular Meeting Minutes of April 23, 2018 Removal Program for an estimated total cost not to exceed $311,500.00, said estimated cost and unit prices having been in fact the lowest qualified bid received that met all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $311,500.00 from funds already budgeted in Account No. 205-527-818-045 (Refuse – Contractual Service Forestry) for this purpose; FURTHER, in the event the low bidder is unable to complete the work, the Council does hereby accept the unit price bid of the second lowest bidder, the Greener Side, Inc., 2642 Princess Street, Inkster, Michigan 48141 to complete the work for the estimated total cost not to exceed $417,450.00; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution. #159-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works and the Director of Public Works, dated March 29, 2018, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Greg Davis Landscape Services, 471 Renaud, Grosse Pointe, MI 48236 for completing all work required in connection with the City’s 2018 Street Tree Planting Program for the estimated total cost of $99,180.00, based upon the Public Service Division’s estimate of units involved, and subject to 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 the expenditure of a sum not to exceed $99,180.00 from funds already budgeted in Account No. 204-781-818-047 for this purpose; FURTHER, in the event the low bidder is unable to supply certain species of trees, the Council does hereby accept the unit price bid of the second lowest bidder, Agroscaping, Inc., 6443 Grand Blanc Road, Swartz Creek, MI 48473 to supply those species for the City’s 2018 Street Tree Planting Program for the estimated total cost not to exceed $115,000.00; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder(s) 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: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None 40552 Regular Meeting Minutes of April 23, 2018 The President declared the resolutions adopted. On a motion by Kritzman, supported by Meakin, and unanimously adopted, it was: #160-18 RESOLVED, that having considered a communication from the Mayor, dated March 27, 2018, wherein he has requested approval of the reappointment of John Hiltz, 34000 Plymouth Road, Livonia, Michigan 48150, to the Livonia Plymouth Road Development Authority as a Business/Property Owner in the District for a four-year term expiring May 16, 2022, pursuant to Section 3.16.060 of the Livonia Code of Ordinances, as amended, and Act No. 197 of the Public Acts of Michigan of 1975, as amended, the Council does hereby confirm and approve such reappointment. On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: #161-18 WHEREAS, the City Clerk has received an application for Industrial Facilities Exemption Certificate from Tom Cole, RNDC – NWS, LLC, re: to construct an office and warehouse operation at their facility located at 13000 Eckles Road, Livonia, MI 48150. (Industrial Development Overlay District #112); and WHEREAS, the City Clerk has notified in writing the Assessor of the City of Livonia as well as the legislative body of each taxing unit which levies ad valorem property taxes in the local governmental unit in which the proposed equipment is to be located, i.e., the City of Livonia, and advised each of them that the said Application has been received; and WHEREAS, the aggregate SEV of real and personal property exempt from ad valorem taxes within the City of Livonia, after granting this certificate, will not exceed 5% of an amount equal to the sum of the SEV of the unit, plus the SEV of personal and real property thus exempted; and WHEREAS, the City Council has afforded RNDC-NWS, LLC, the Assessor, and a representative of each of the affected taxing units an opportunity for a hearing on this application and said hearing having in fact been conducted at 7:00 p.m., Wednesday, March 28, 2018, at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LIVONIA AS FOLLOWS: 1. That the City Council, on the basis of the information received from the applicant, RNDC-NWS, LLC, finds and determines: (a) that the 40553 Regular Meeting Minutes of April 23, 2018 granting of this Industrial Facilities Exemption Certificate shall not have the effect of substantially impeding the operation of the local governmental unit or impairing the financial soundness of any taxing unit which levies an ad valorem property tax in the local governmental unit in which the equipment is to be located; and (b) the applicant has fully complied with the requirements of Section 9, Act No. 198, P.A. 1974, as amended. 2. That the City Council hereby approves the Application for Industrial Facilities Exemption Certificate from RNDC-NWS, LLC, covering new equipment for their facility located within the City of Livonia Industrial Development District No. 112, for twelve (12) years. 3. That in accordance with the requirements of Section 22, Act 198, P.A. 1974, as amended, wherein a Letter of Agreement between the applicant and the City is required in order to clarify the understanding and the commitment between the applicant and the City Council upon approval of an Industrial Facilities Exemption Certificate, the Council hereby authorizes the Administration to negotiate such Letter of Agreement and authorizes the Mayor and City Clerk to sign such Letter of Agreement as duly executed by the applicant and incorporate such Letter of Agreement as part of the documentation required to process applications for Industrial Facilities Exemption Certificates. An email communication from Eileen McDonnell, PVS Chemicals, Inc. dated March 29, 2018, re: Petition 2018-01-01-01, was received and placed on file for the information of the Council. A communication from the Planning and Economic Development Director, dated April 12, 2018, re: Determination of a Valid Protest, Petition 2018-01-01- 01, was received and placed on file for the information of the Council. A communication from Susan Tranquilla, dated April 20, 2018, re: Petition 2018-01-01-01, was received and placed on file for the information of the Council. On a motion by Bahr, supported by McIntyre, it was: RESOLVED, that having considered communications from the Planning and Economic Development Director, dated April 12, 2018, which is approved for submission by the Mayor, and the City Planning Commission, dated March 1, 2018, which transmits its resolution 02-09- 2018, adopted on February 27, 2018, with regard to Petition 2018-01-01- 40554 Regular Meeting Minutes of April 23, 2018 01, submitted by Kucyk, Soave & Fernandes, P.L.L.C., to rezone the properties located at 36900 and 36910 Mallory Drive (former Clay Elementary School site) from PL (Public Lands) to R-1 (One Family Residential – 60’ x 120’ lots) and the property at 16600 Newburgh Road and a portion of the property at 16700 Newburgh Road from R-3 (One Family Residential – 80’ x 120’ lots) to R-1 (One Family Residential – 60’ x 120’ lots), located on the east side of Newburgh Road, between Five Mile and Six Mile Roads in the Northwest ¼ of Section 17, and the Council having conducted a public hearing with regard to this matter on Wednesday, March 28, 2018, the Council does hereby approve Petition 2018-01-01-01 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 amending Ordinance 543, as amended, in accordance with this resolution. The following people spoke in opposition of Petition 2018-01-01-01: Marie Canzoneri, 37176 Munger Christopher Lee, 36797 Bristol John Sanborn, 37228 Munger Stuart Moyer, 37202 Munger Martin Meyer, 16791 Fitzgerald Karen Pachla, 36980 Munger Robert Sluka, 16791 Fitzgerald Eileen McDonnell, 36099 Brookview Patrick O’Neil, 36692 Munger Pamela Valentine, 36484 Munger Court Ben Garrison, 16907 Levan Mark Robinson, 36511 Mallory Roger Doering, 36575 Mallory Susan Tranquilla, 16823 Fitzgerald President Toy passed the gavel to Vice President Jolly at 8:24 p.m. Following discussion by Council, a Friendly Amendment was made to the resolution on a motion by Bahr, supported by McIntyre #162-18 RESOLVED, that having considered communications from the Planning and Economic Development Director, dated April 12, 2018, which is approved for submission by the Mayor, and the City Planning Commission, dated March 1, 2018, which transmits its resolution 02-09- 2018, adopted on February 27, 2018, with regard to Petition 2018-01-01- 01, submitted by Kucyk, Soave & Fernandes, P.L.L.C., to rezone the properties located at 36900 and 36910 Mallory Drive (former Clay Elementary School site) from PL (Public Lands) to R-1 (One Family Residential – 60’ x 120’ lots) and the property at 16600 Newburgh Road 40555 Regular Meeting Minutes of April 23, 2018 and a portion of the property at 16700 Newburgh Road from R-3 (One Family Residential – 80’ x 120’ lots) to R-1 (One Family Residential – 60’ x 120’ lots), located on the east side of Newburgh Road, between Five Mile and Six Mile Roads in the Northwest ¼ of Section 17, and the Council having conducted a public hearing with regard to this matter on Wednesday, March 28, 2018, the Council does hereby approve Petition 2018-01-01-01 for preparation of the ordinance for submission to Council, revised to include either R-2 zoning for the entire site or a combination of R-2 and R-1 zoning, in which case the R-1 zoning shall be limited to the areas bordering the church and commercial property, and R-2 zoning shall be provided wherever the site abuts existing single family residential homes; 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 amending Ordinance 543, as amended, in accordance with this resolution. with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr NAYS: Toy, Jolly The Vice President declared the resolution adopted. President Toy resumed the gavel at 8:25 p.m. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 01 (CODE ADOPTION) OF TITLE 1 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: 40556 Regular Meeting Minutes of April 23, 2018 AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 090 OF TITLE 15, CHAPTER 44 (FENCES) 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 010 OF TITLE 1, CHAPTER 12 (GENERAL PENALTY) 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. 40557 Regular Meeting Minutes of April 23, 2018 Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 030 AND 040 OF TITLE 9, CHAPTER 16 (LARCENY) 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 010 OF TITLE 9, CHAPTER 17 (RETAIL FRAUD IN THE THIRD DEGREE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 40558 Regular Meeting Minutes of April 23, 2018 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 010 AND 020 OF TITLE 9, CHAPTER 56 (MALICIOUS MISCHIEF) 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: 40559 Regular Meeting Minutes of April 23, 2018 AN ORDINANCE AMENDING SECTION 010 OF TITLE 9, CHAPTER 60 (RECEIVING STOLEN PROPERTY) 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020 AND 030 OF TITLE 9, CHAPTER 66 (BAD CHECKS) 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: 40560 Regular Meeting Minutes of April 23, 2018 AN ORDINANCE AMENDING SECTION 010 OF TITLE 9, CHAPTER 68 (FRAUD) 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE REPEALING CHAPTER 05 (FERRETS) OF TITLE 6 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. 40561 Regular Meeting Minutes of April 23, 2018 Jolly gave first reading to the following Ordinance: AN ORDINANCE REPEALING CHAPTER 22 (DEPARTMENT OF LABOR RELATIONS) OF TITLE 2, 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE REPEALING CHAPTER 87 (TEENAGE CLUBS) OF TITLE 5, 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. 40562 Regular Meeting Minutes of April 23, 2018 Jolly gave first reading to the following Ordinance: AN ORDINANCE REPEALING CHAPTER 75 (PUBLIC DANCES) OF TITLE 5, 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE REPEALING CHAPTER 79 (PARIMUTUEL TICKETS) OF TITLE 9 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None 40563 Regular Meeting Minutes of April 23, 2018 The President declared the foregoing Ordinance duly adopted and would become effective on publication. Jolly gave first reading to the following Ordinance: AN ORDINANCE REPEALING CHAPTER 28 (AIR QUALITY CONTROL) OF TITLE 8 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. Bahr invoked the Emergency Clause and Jolly gave second reading to the foregoing Ordinance and a roll call vote was taken thereon with the following result: AYES: McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted and would become effective on publication. On a motion by Meakin, supported by Bahr, and unanimously adopted, it was: #163-18 RESOLVED, that having considered a communication from the Department of Law, dated April 3, 2018, approved for submission by the Mayor, transmitting for Council acceptance a Grant of Easement executed by Omar Hishmeh, for a public utility easement in connection with the development of a new water main constructed at the subject location in the Southwest 1/4 of Section 30, more particularly described as: New Variable Width Water Main Easement An easement for water main over part of Parcel No. 119-99-0031-002, described as: 40564 Regular Meeting Minutes of April 23, 2018 part of the Southwest ¼ of Section 30, Town 1 South, Range 9 East, City of Livonia, County of Wayne, Michigan, described as commencing at the West ¼ of said Section 30; thence S 01°49’50” E 872.57 feet along the west line of said Section 30 to the centerline of Plymouth Road; thence S 76°31’20” E 1,302.54 feet along said centerline; thence S 01°45’04” E 228.25 feet; thence N 88°14’56” E 116.00 feet to the Point of Beginning; N 88°14’56” E 12.00 feet; thence S 01°45’04” E 64.98 feet; thence 15.25 feet along a 50.00 foot radius curve to the right, the chord of which bears S 06°59’12” W 15.19 feet; thence S 88°14’56” W 9.02 feet; thence N 24°46’01” W 1.73 feet; thence N 01°45’04” W 78.41 feet to the Point of Beginning. 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 Jolly, seconded by Meakin, and unanimously adopted, it was: #164-18 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. President Toy passed the gavel to Vice President Jolly at 8:32 p.m. On a motion by Toy, supported by Kritzman, it was: #165-18 RESOLVED, that having considered a communication from the Chief Assistant City Attorney, dated April 16, 2018, approved for submission by the Mayor, with regard to a proposed amendment to the Livonia Zoning Ordinance No. 543, as amended, submitted by the Department of Law, re: Sections 21.01, 21.02 and 21.03 of Article XXI of Ordinance No. 543, in order to appoint alternate members to the Zoning Board of Appeals (“ZBA”), the Council does hereby refer to the City Planning Commission the subject of ZBA membership for the holding of a public hearing in accordance with provisions of law and City Ordinance on the question whether to amend the Zoning Ordinance to provide for alternate ZBA members. A roll call vote was taken on the foregoing resolution with the following result: 40565 Regular Meeting Minutes of April 23, 2018 AYES: Meakin, Toy, Kritzman, and Jolly NAYS: McIntyre, Bahr The Vice President declared the resolution adopted. President Toy resumed the gavel at 8:34 p.m. There was no Audience Communication at the end of the meeting. Vice President Jolly congratulated Paul Bernier on his appointment as new City Attorney. On a motion by Bahr, supported by Meakin and unanimously adopted, this 1,847th Regular Meeting of the Council of the City of Livonia was adjourned at 8:35 p.m. on April 23, 2018. _____________________ Susan M. Nash, City Clerk