HomeMy WebLinkAboutMINUTES 2018-03-26
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FORTY-FIFTH
REGULAR MEETING OF MARCH 26, 2018
On March 26, 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 Brandon Kritzman led the
meeting in the Pledge.
Roll was called with the following result: Brandon Kritzman, Scott
Bahr, Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly and President
Laura Toy. 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; Ted Davis, Superintendent of Parks and Recreation; and
Mayor Dennis Wright.
President Toy called to the podium the Coach of the Robotics Team, Selina
Carlini, who had members from the Livonia Warriors and The Tyros Team give
a summary of the competition they had been involved in with their respective
teams.
On a motion by Meakin, supported by White, and unanimously
adopted, it was:
#94-18 RESOLVED, that the minutes of the 1,844th
Regular Meeting of Council held March 12, 2018 are
approved as presented.
The President declared the resolution adopted.
Councilmember White spoke about Crain’s Magazine compiling a list of “Crain’s
Detroit Business 2018, Notable Women in Manufacturing”, and that three women
from Livonia businesses were included in that list and that one of them was
present at tonight’s meeting. She called to the podium Kelly Victor Burke, of
Burke Architectural Millwork (BAM), 30940 Industrial, Livonia, Michigan 48150.
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Regular Meeting Minutes of March 26, 2018
Ms. Burke spoke about her company and highlighted the unique features of the
custom work they do and invited anyone who was interested in millwork to reach
out to her. She was presented a tribute from the City recognizing her
accomplishments.
Councilmember Kritzman described his interaction with Ms. Burke and that he
had visited her company with his three oldest daughters.
President Toy acknowledged the birthdays of Councilmembers McIntyre and
White.
She then stated that there will be a Public Hearing being held on Monday, April
th
30, 2018 at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center Drive,
Livonia, Michigan on the following item:
Nick Brenner, Real Estate Representative for Menard, Inc., is requesting
approval of an Industrial Facilities Exemption Certificate for the rehabilitation of
building and related property to operate as a truss manufacturing plant as well
as a rail siding constructed to operate a lumber transload operation at their facility
located at 12701 Middlebelt Road, Livonia, MI 48150. (Industrial Development
Overlay District #108)
President Toy invited everyone to attend an event with survivors of human
trafficking at the Bennett Civic Center Library on Thursday, March 29, 2018 at
7:00 p.m. and thanked Mayor Wright and the city employees for holding a jeans
day for this cause.
Councilmember sent birthday greetings to former Mayor Jack Engebretson
rd
whose birthday was March 23.
President Toy stated there is New Data on Items 14 and 17.
There was no Audience Communication at the beginning of the meeting.
On a motion by McIntyre, supported by Meakin, it was:
#95-18 RESOLVED, that having considered an application from Steve
Corden, 20336 Whitby Drive, Livonia, MI 48152, dated February 22, 2018,
requesting permission to close Pollyanna, between Navin and
Southampton, on Saturday, June 16, 2018, from 2:00 p.m. to 8:00 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 Saturday, June 23, 2018, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#96-18 RESOLVED, that having considered a letter from Eric
Jenks, President, Detroit Tradesmen Rugby Football Club, dated
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Regular Meeting Minutes of March 26, 2018
February 22, 2018, the Council does hereby take this means to indicate
that the Detroit Tradesmen Rugby Football Club is recognized as a non-
profit organization operating in the community, and the action herein being
taken for the purpose of affording the Detroit Tradesmen Rugby Football
Club the opportunity to qualify for a charitable gaming license or
registration from the State of Michigan in accordance with provisions of
State statute.
#97-18 RESOLVED, that having considered a communication from
the Office of the Mayor, dated March 1, 2018, 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 appointment of Steven
Vandette, 15933 Swathmore, Livonia, MI 48154, to the Livonia Brownfield
Redevelopment Authority for a two-year period which will expire on
November 24, 2020.
#98-18 RESOLVED, that having considered the report and
recommendation of the Director of Finance, dated March 2, 2018, which
is approved for submission by the Mayor, regarding a request for
authorization to enter into a Participation Agreement with the Michigan
Municipal Services Authority (MMSA), PO Box 12012, Lansing, MI 48901-
2012 to provide Medicare Coordination Services to the City of Livonia, the
Council does hereby, for and on behalf of the City of Livonia, authorize
the Mayor and City Clerk to execute an agreement, subject to approval as
to form and substance by the Department of Law, with the MMSA and to
do all other things necessary or incidental to the full performance of this
resolution.
#99-18 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated
February 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 bid of LB Office Products, 899 E. Mandoline Avenue, Madison
Heights, MI 48071 for the purchase of 520 stack chairs for the Livonia
Senior Center in an amount not to exceed $19,186.25, 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
$19,186.25 from funds already budgeted in Account No.: 401-000-971-
000 for this purpose.
#100-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
February 15, 2018, 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 S & J Asphalt Paving Company, 39571 Michigan
Avenue, Canton, MI 48188, for completing all work required in connection
with the tennis court reconstruction at Devon-Aire Park in an amount not
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Regular Meeting Minutes of March 26, 2018
to exceed $138,401.50, 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 $138,401.50 from
funds already budgeted in Account No. 101-709-974-000 for this
purpose; 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 and to do all other things necessary or incidental to the
full performance of this resolution.
#101-18 RESOLVED, that having considered a communication from
the City Engineer, dated March 1, 2018, approved by the Director of Public
Works and approved for submission by the Mayor, to which is attached
various lists of sidewalks requiring installation or replacement within target
areas located in Sections 4, 11, 33 and 36, along with scattered locations
throughout the City, said lists being incorporated herein by reference, in
connection with the 2018 Sidewalk Repair Program and for reasons stated
therein, the Council does hereby require the respective owners of lots and
premises referred to in said lists to install or to remove and replace
sidewalks at such premises, and the City Clerk is hereby requested to do
all things necessary to carry out the provisions of this resolution which is
made pursuant to Section 12.04.340 of the Livonia Code of Ordinances,
as amended; FURTHER, said notice shall set forth that the respective
owners of lots and premises herein referred to shall complete said
sidewalk work no later than July 1, 2018, after which date the Engineering
Division shall arrange for the construction and/or reconstruction of the said
sidewalks; FURTHER, the Council does hereby authorize the construction
and/or reconstruction of various sections of sidewalks and crosswalks at
several locations within the City inasmuch as the same are the City’s
responsibility.
#102-18 RESOLVED, that having considered a communication from
the City Engineer, dated March 1, 2018, 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 authorize
and accept the offer of Rotondo Construction Corp., 38807 Ann Arbor
Road, Suite 2, Livonia, Michigan 48150, for completing all work required
in connection with the 2018 Sidewalk Repair Program (Contract 18-G) by
extending their Contract 17-G unit prices for Contract 18-G, with the
exception of revised unit prices for bid items 1, 2, 3, 4, 8 and 9 (concrete
sidewalk of various thickness of 4, 6 or 8-inches, along with 7-inch road
pavement, and placement of 6-inch ADA ramps consisting of a 4’ x 2’ or
5’ x 2’ insert) and agreed upon inspector days of 50 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, for a total amount not to exceed $618,495.90,
which includes a 10% administrative fee ($56,226.90), the contract
amount of $562,269.00, and the saw cutting portion of the project
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Regular Meeting Minutes of March 26, 2018
($5,000.00), which will be handled by and paid to Precision Concrete, Inc.,
as set forth below; FURTHER, such action is taken without competitive
bidding for the reasons that A) concrete material prices have risen rapidly
and this bid largely protects the City from such increases; B) information
from other communities’ bidding procedures indicates that these prices
are favorable for the City, and C) the Rotondo firm won the City’s
competitive bids in 2006-2011 and again in 2013-2017, such that there
are ample reasons to waive competitive bidding under Code of
Ordinances Section 3.04.140D3; FURTHER, the Council does hereby
authorize a payment in an amount not to exceed $5,000.00 to Precision
Concrete Inc., 1896 Goldeneye Drive, Holland, Michigan 49424 for the
saw cutting portion of the contract and does hereby authorize an
expenditure in an amount not to exceed $5,000.00 from funds already
budgeted in Account No. 204-441-977-010 for this purpose; FURTHER,
the Council does hereby authorize an advance in the amount of
$90,295.90 (single lot assessments portion of the program) from the
Road, Sidewalk and Tree Fund, provided that this fund be reimbursed
from that portion of the project which is to be financed by special
assessment at such time as funds are subsequently received from the
payment of bills and assessments by affected property owners;
FURTHER, the Council does hereby authorize an expenditure in the
amount of $6,200.00 from funds budgeted in Account No. 202-451-977-
010 (Major Road – Distributed Sidewalk Cost) and $57,100.00 from funds
budgeted in Account No. 203-451-977-010 (Local Road- Distributed
Sidewalk Cost) to cover the costs related to the construction or
reconstruction of handicap ramps at major and local roads; FURTHER,
the Council does hereby authorize an expenditure in the amount of
$14,900.00 from the Unexpended Fund Balance of the Water and Sewer
Fund (592) for sidewalk work adjacent to and including water, storm and
sanitary structure repairs; FURTHER, the Council does hereby authorize
an expenditure in the amount of $450,000.00 to repair sidewalks heaved
by tree roots from funds budgeted in the Road, Sidewalk and Tree Fund
(Account No. 204-441-977-010 Distributed Sidewalk Cost) for the 2018
Sidewalk Repairs; and the City Engineer is hereby authorized to approve
minor adjustments in the work as it becomes necessary but this
authorization does not entitle the City Engineer to authorize any increase
in the not to exceed amount or to contract with other parties; and the
Mayor and City Clerk are hereby authorized to execute a contract 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.
#103-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 22, 2018,
submitted pursuant to council resolution 204-16, 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 D’Angelo Brothers, Inc., P.O. Box
531330, Livonia, MI 48153, for completing all work required in connection
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Regular Meeting Minutes of March 26, 2018
with the 2018 Sidewalk and Pavement Replacement Program - Water
Main Breaks (Contract 18-F), from December 1, 2017 through November
30, 2018, in an amount not to exceed $186,087.67, by extending their
Contract 16-F unit prices for Contract 18-F, 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; FURTHER, the Council does hereby authorize the action
herein without competitive bidding in accordance with the provisions set
forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as
amended, since no advantage to the City would result from competitive
bidding; FURTHER, the Council does hereby appropriate and authorize a
not-to-exceed expenditure in the amount of $186,087.67 for the 2018
Sidewalk and Pavement Replacement Program – Water Main Breaks
from the Water and Sewer Construction in Progress Account No. 592-158-
000 for this purpose; and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary but this
authorization does not entitle the City Engineer to authorize any increase
in the not to exceed amount or to contract with other parties; and the
Mayor and City Clerk are hereby authorized to execute a one (1) year
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
and to do all other things necessary or incidental to the full performance
of this resolution.
#104-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 28, 2018,
submitted pursuant to council resolution 113-17, 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 offer of Rotondo Construction Corporation, 38807 Ann
Arbor Road, Suite 2, Livonia, MI 48150 to extend their Contract 16-J/17-J
unit prices for Contract 18-J, with the exception of revised unit prices for
bid items 1, 2, 3 and 4 (7-inch road pavement, 8-inch curb and gutter,
removal and replacement of 6-inch concrete and removal and
replacement of 4” concrete sidewalk) in completing all work required in
connection with the 2018 Concrete Road Selective Slab Replacement
Program – Contract 18-J, 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, for a
total amount not to exceed $150,000.00; FURTHER, such action is taken
without competitive bidding for the reasons that A) concrete material
prices have risen rapidly and this bid largely protects the City from such
increases; B) information from other communities’ bidding procedures
indicates that these prices are favorable for the City, and C) the Rotondo
firm won the City’s competitive bids in 2016, such that there are ample
reasons to waive competitive bidding under Code of Ordinances Section
3.04.140.D.3; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $132,000.00 from Account No.
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202-463-818-119 (Major Road Fund – Pavement and Catch Basin Repair)
and $18,000.00 from Account No. 101-463-818-000 (Roads Street
Maintenance – Contractual Services) for this purpose; FURTHER, the City
Engineer is hereby authorized to approve any minor adjustments in the
work as it becomes necessary but this authorization does not entitle the
City Engineer to authorize any increase in the not to exceed amount or to
contract with other parties; 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 and to do all other things necessary or
incidental to the full performance of this resolution.
#105-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 22, 2018, approved
by the Director of Public Works and approved for submission by the
Mayor, with regard to a request from the Wayne County Department of
Public Services that the City take jurisdiction and control of the entire on-
site storm sewer collection system to be constructed by the owner of the
property located at 27541 Schoolcraft Road, Livonia, Michigan, the
Council does hereby determine as follows:
1. To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance, at no expense to the County, of the storm sewer
within the property located on the south side of Schoolcraft Road,
between Middlebelt Road and Inkster Road for the development of
Holiday Inn Express at 27541 Schoolcraft Road located in the
Northeast ¼ of Section 25, per the agreement attached to said
report and recommendation, between the City and the owner
(“Owner”) Livonia Lodge, Inc., a Michigan corporation, 50558
Drakes Bay Drive, Novi, Michigan 48374 indicating Owner’s
willingness to reimburse the City for any such maintenance that
may become necessary;
2. To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction;
3. To authorize the Mayor and the City Clerk to execute the
maintenance agreement on behalf of the City.
#106-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 22, 2018, approved
by the Director of Public Works and approved for submission by the
Mayor, with regard to a request from the Wayne County Department of
Public Services that the City take jurisdiction and control of the entire on-
site storm sewer collection system to be constructed by the owner of the
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property located at 18600 Haggerty Road, Livonia, Michigan, the Council
does hereby determine as follows:
1. To advise the Wayne County Department of Public Services
(Permit Section) that the City of Livonia has approved the storm
sewer site plans and further, that the City will accept jurisdiction
and maintenance, at no expense to the County, of the storm sewer
within the property located on the east side of Haggerty Road,
between Six Mile Road and Seven Mile Road, for the development
of the property located at 18600 Haggerty Road located in the
Northwest ¼ of Section 7, per the agreement attached to said
report and recommendation, between the City and the owner
(“Owner”) Schoolcraft College, a public corporation and political
subdivision of the State of Michigan, with its principal offices
located at 18600 Haggerty Road, Livonia, Michigan 48152
indicating Owner’s willingness to reimburse the City for any such
maintenance that may become necessary;
2. To authorize the City Engineer to execute a Wayne County permit
on behalf of the City of Livonia in connection with the above storm
sewer construction;
3. To authorize the Mayor and the City Clerk to execute the
maintenance agreement on behalf of the City.
#107-18 RESOLVED, that having considered the report and
recommendation of the Planning and Economic Development Director,
dated February 23, 2018, which bears the signatures of the
Superintendent of Parks and Recreation and City Engineer, and is
approved for submission by the Mayor, requesting the Council’s formal
recognition of the Bike-Walk Livonia Advisory Committee, the Council
does hereby recognize and establish a Bike-Walk Livonia Advisory
Committee, as successor to the Bike-Walk Steering Committee (The
Steering Committee) consisting of representatives of the Departments of
Planning, Engineering, Parks and Recreation and Finance, as well as
residents and biking enthusiasts who previously served on the Steering
Committee and does hereby appoint Councilmembers Laura M. Toy and
Brandon Kritzman as Council’s representatives on the Bike-Walk Livonia
Advisory Committee, to meet on an as-needed basis, in connection with
forming a task force to help promote, facilitate and monitor aspects of the
Bike-Walk Plan for the community and to formulate actionable strategies
for the implementation of near-term, mid-term and long-term priorities as
outlined in the Plan.
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Regular Meeting Minutes of March 26, 2018
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolutions adopted.
A communication from the Department of Law, dated March 13, 2018,
re: Proposed Amendment to Zoning Ordinance – Petition 2017-10-01-07, was
received and placed on file for the information of the Council.
Bahr gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 28 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTON 3.___________ THERETO.(Petition 2017-10-01-07)
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.
Councilmember Kritzman stepped down from the podium at 7:20 p.m. to avoid
any perceived conflict of interest.
On a motion by Meakin, supported by Jolly, it was:
#108-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 23, 2018, 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
additional appropriation and expenditure for Construction Engineering
(CE) Services related to the Amrhein Road and Newburgh Road
intersection improvements and traffic signal upgrade, previously
authorized in Council Resolution 280-17, adopted on August 9, 2017, to
which is attached a communication and proposed contract amendment
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from OHM Advisors, dated February 23, 2018, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute an amendment, subject to approval as to form and substance
by the Department of Law, to the Engineering Contract between the City
of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan
48150 in the amount of $28,000.00, increasing the not to exceed contract
amount from $100,000.00 to $128,000.00, for Construction Engineering
(CE) Services related to the Amrhein Road and Newburgh Road
intersection improvements and traffic signal upgrade; FURTHER, the
Council does hereby appropriate and authorize the expenditure of a sum
not to exceed $28,000.00 from the Unexpended Fund Balance of the
Major Road Fund (202) for this purpose; FURTHER, any remaining funds
not utilized for Construction Engineering (CE) by OHM Advisors in an
effort to complete the project shall be reimbursed to Livonia West
Commerce Center, LLC, 9810 S. Dorchester Avenue, Chicago, Illinois
60628; FURTHER, any remaining funds not utilized from the Construction
portion contract with Hard Rock Concrete in which Livonia West
Commerce Center, LLC provided funding in the amount of $700,000.00
shall be reimbursed to Livonia West Commerce Center, LLC, 9810 S.
Dorchester Avenue, Chicago, Illinois 60628.
A roll call vote was taken on the above resolution with the following result:
AYES: Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
Councilmember Kritzman returned to the podium at 7:21 p.m.
On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#109-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 1, 2018, 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 accept the bid of Nagle Paving Company, 36780 Amrhein,
Livonia, Michigan 48150, for performing all work required in connection
with the 2018 Asphalt Road Paving Program (Contract 18-A) on various
asphalt streets throughout the City of Livonia, for the estimated total cost
of $2,447,341.55, based on the Engineering Division's estimate of units of
work involved and subject to the final payment based on the actual units
of work completed in accordance with the unit prices accepted herein, said
estimated cost and unit prices having been in fact the lowest bid received
and meets all specifications; FURTHER, the Council does hereby
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authorize an expenditure in an amount not to exceed $2,447,341.55 from
funds already budgeted in the Road, Sidewalks and Tree Fund in the
following accounts:
- Account No. 204-463-818-112 (Rehabilitation)
$2,224,464.07
- Account No. 204-463-818-114 (Maintenance)
$222,877.48
FURTHER, the Council does hereby appropriate and authorize an
expenditure in an amount not to exceed $293,680.00 from the Road,
Sidewalk and Tree Fund, Account No. 204-441-818-102, for Construction
Engineering (CE) costs related to the 2018 Asphalt Road Paving Program,
such amount to be payable to OHM Advisors, 34000 Plymouth Road,
Livonia, Michigan 48150; and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary but this
authorization does not entitle the City Engineer to authorize any increase
in the not to exceed amount or to contract with other parties; 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 and to do all other
things necessary or incidental to the full performance of this resolution.
A communication from the Department of Law, dated March 21, 2018, re:
Petition 2018-01-02-01, was received and placed on file for the information of the
Council.
On a motion by McIntyre, supported by Meakin, it was:
RESOLVED, that having considered a communication from
the City Planning Commission, dated February 20, 2018, approved for
submission by the Mayor, which transmits its resolution #02-06-2018,
adopted on February 13, 2018, with regard to Petition 2018-01-02-01,
submitted by Darrlisha Newby, requesting approval to operate a day care
nursery located on the north side of Joy Road between Middlebelt and
Henry Ruff Roads (29794 Joy Road) in the Southeast ¼ of Section 35,
the Council does hereby concur in the recommendation made by the City
Planning Commission and Petition 2018-01-02-01 is hereby approved and
granted, subject to the following conditions:
1. That the maximum number of children to be cared for at this facility
shall be as determined by the State of Michigan, but in no case
shall exceed forty-five (45);
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2. That the Site Plan, as received by the Planning Commission on
February 16, 2018, as revised, is hereby approved and shall be
adhered to, subject to any revisions as noted below;
3. That any reduction in the size of the play area shall be subject to
City Council approval;
4. 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;
5. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
6. That this approval shall incorporate the stipulations contained in
the correspondence dated February 5, 2018, from the Inspection
Department;
7. That the entire outdoor play area shall be surrounded by a five-foot
(5’) chain-link fence and the pavement shall be covered by an
artificial turf material;
8. That the hours of operation for this child care facility shall be limited
to 6:00 a.m. to 7:00 p.m.;
9. The tenant(s) of this building shall not engage in any form of
solicitation for business within the public rights-of-way of Joy Road
or Louise Avenue;
10. That the Petitioner shall enter into a conditional agreement limiting
the waiver to this user only, with the provision to extend this waiver
use approval to a new user only upon approval of the new user by
the City Council;
11. 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;
12. That prior to occupancy, all unresolved issues as outlined in the
letter dated June 29, 2016, from the Director of Inspection to
Masoud Shango regarding compliance under City of Livonia
Ordinances Title 15, Chapter 51, shall be completely resolved to
the satisfaction of the Inspection Department; and
13. Pursuant to Section 19.10 of Ordinance No. 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 the City Council, and
unless a building permit is obtained, and construction is
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commenced, this approval shall be null and void at the expiration
of said period.
On a motion by Jolly, supported by Kritzman a motion was made to
substitute the following resolution in lieu of the foregoing:
RESOLVED, that having considered a communication from the
City Planning Commission, dated February 20, 2018, approved for
submission by the Mayor, which transmits its resolution #02-06-2018,
adopted on February 13, 2018, with regard to Petition 2018-01-02-01,
submitted by Darrlisha Newby, requesting approval to operate a day care
nursery located on the north side of Joy Road between Middlebelt and
Henry Ruff Roads (29794 Joy Road) in the Southeast ¼ of Section 35,
the Council does hereby direct that this item be postponed to a date and
time when the Petitioner is present at the meeting.
A roll call vote was taken on the motion to substitute with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the motion to substitute passed.
On a motion by Jolly, supported by Kritzman, a roll call vote was then
taken on the substitute resolution, as follows:
#110-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 20, 2018, approved for
submission by the Mayor, which transmits its resolution #02-06-2018,
adopted on February 13, 2018, with regard to Petition 2018-01-02-01,
submitted by Darrlisha Newby, requesting approval to operate a day care
nursery located on the north side of Joy Road between Middlebelt and
Henry Ruff Roads (29794 Joy Road) in the Southeast ¼ of Section 35,
the Council does hereby direct that this item be postponed to a date and
time when the Petitioner is present at the meeting.
with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the substitute resolution adopted.
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On a motion by White, supported by McIntyre, and unanimously adopted,
it was:
#111-18 RESOLVED, that upon the proposal by Councilmember
Cathy White at the Study Meeting held March 12, 2018, the Council does
hereby refer to the Public Safety, Health and Environment Committee the
subject of measures to retain employees within the Police and Fire
Divisions of the Department of Public Safety.
On a motion by Meakin, supported by Bahr, and unanimously adopted, it
was:
#112-18 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 12, 2018,
approved for submission by the Mayor, the Council does hereby approve
the Annual Memorial Day Ceremony to be held on Saturday, May 26,
2018, from 9:00 A.M. to 10:00 A.M.; FURTHER, the Council does hereby
request that the Wayne County Department of Public Services allow the
City of Livonia to close Farmington Road north and southbound from Five
Mile Road to Roycroft between the hours of 8:30 a.m. to 10:00 a.m. or
until the road is returned to normal traffic operation; that the City of Livonia
will assume liability for any damage claims which may arise as a result of
the road closure, as to Wayne County only; and that Senior Police Officer
Michael Arakelian is hereby designated and authorized to sign the road
closure permit on behalf of the City of Livonia.
On a motion by Jolly, supported by Kritzman, and unanimously adopted,
it was:
#113-18 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated February 20, 2018,
which bears the signature of the Director of Finance, and is approved for
submission by the Mayor, to which is attached a proposed Purchase
Agreement, in connection with an offer from Richard Cochran, 18201
Laurel Drive, Livonia, MI 48152, to sell to the City of Livonia vacant
property located north of the western edge of Helman Park, located in
Section 9, commonly known as 35100 Curtis Road, the Council does
hereby authorize the Department of Law to acquire said property, which
is more particularly described as follows:
The West 320 feet of Lot 25, Winfield Estates Subdivision of the Northwest
¼ of Section 9, Town 1 South, Range 9 East, Livonia Township, Wayne
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Regular Meeting Minutes of March 26, 2018
County, Michigan, according to the plat thereof as recorded in Liber 69,
Page 28 of plats, Wayne County Records.
TAX PARCEL ID NO: 46 034 010 025 002
subject to the following conditions:
1. That the purchase price shall be the sum of $40,000.00;
2. That the Seller shall execute a warranty deed conveying said
property to the City, and provide the City with title insurance as further
evidence of title;
3. That all current property taxes will be prorated as of the date of
closing; and
4. All other terms shall be as set forth in said Purchase Agreement.
BE IT FURTHER RESOLVED, the Council does hereby authorize an
expenditure in an amount not to exceed $40,000.00 from funds already
budgeted in the Community Recreation Fund (208) for this purpose; and
the Department of Law is hereby requested to prepare and place in proper
form such legal documents as may be necessary to consummate this
transaction; 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.
There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by Bahr, and unanimously adopted, this
1,845th Regular Meeting of the Council of the City of Livonia was adjourned at
7:39 p.m. on March 26, 2018.
_____________________
Susan M. Nash, City Clerk