HomeMy WebLinkAboutMINUTES 2018-06-04
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTIETH
REGULAR MEETING OF JUNE 4, 2018
On June 4, 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, Brian Meakin, Jim Jolly, and President Laura Toy. Absent:
Kathleen McIntyre.
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; Lynda Scheel, Treasurer; Dave Varga, Director of
Administrative Services; and Curtis Caid, Chief of Police.
On a motion by White, supported by Jolly, it was:
#203-18 RESOLVED, that the minutes of the 1,849th
Regular Meeting of Council held May 21, 2018 are
approved as presented.
A roll call vote was taken on the above resolution with the following result:
AYES: Kritzman, Bahr, White, Jolly and Toy
NAYS: None
PRESENT: Meakin
The President declared the resolution adopted.
Vice President Jolly wished a Happy Birthday to his daughter, Lexie, who he
stated turned seven.
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Regular Meeting Minutes of June 4, 2018
Councilmember Meakin wished Happy Birthday to his wife, Colleen, who
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celebrated her birthday on May 28, and his son, Brendon, who turned 21 on
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May 31.
He then congratulated retirees Greg Winn, who had 39 years of service with the
City, and Debra Seeman, with 27 years.
President Toy spoke about the “Okay 2 Say Program” implemented by Attorney
General Bill Schuette. She then thanked all of the individuals for their hard work
and dedication who helped build the playground equipment at Rotary Park. She
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stated there will be a celebration on June 25 at Rotary Park.
Councilmember Kritzman also spoke about the Rotary Park playscape and
thanked all of those who put forth tremendous work and helped out.
President Toy introduced Debbie McDermott who was present at tonight’s with
therapy dog Cooper who has helped many Livonia residents through countless
hours of therapy work. Ms. McDermott stated that Cooper has worked the last
three years at Churchill High School where he has received a great response
from all of the students.
President Toy announced there will be two (2) Public Hearings held on Monday,
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June 25, 2018, at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center
Drive, Livonia, on the following items:
Petition 2018-02-01-03 submitted by Cross Winds Court, to rezone the
properties located on the south side of Ann Arbor Trail between Norwich
Avenue and Wayne Road (34405, 34401, and 34407 Ann Arbor Trail) in
the Southwest ¼ of Section 33, from R-U-F (Rural Urban Farm), to R-1
(One Family Residential); and
Petition 2018-04-06-01 submitted by the City Planning Commission,
pursuant to Council Resolution #145-18, and Section 23.01(a) of Zoning
Ordinance No. 543, as amended, proposing to amend Sections 9.03 (j) of
Article IX and Section 10.03(d) of Article X in order to remove the
requirement for the written consent of fifty-five (55) percent of the
residential property owners within a four hundred (400) foot radius of the
property lines of the proposed day care nursery as part of waiver use
approval for day care nurseries in OS and C-1 Zoning Districts.
She then announced there is New Data on Item #15.
During Audience Communication Susan Yarbrough, 33428 Richland, addressed
Council to speak about her concerns regarding cell towers in Livonia causing
serious health concerns to residents.
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Regular Meeting Minutes of June 4, 2018
Ken Gentile, 35008 Ellen Court, addressed Council to express his concern
regarding a neighbor cutting in to the flood plain and nature preserve near his
property. He asked Council for help in resolving the matter.
On a motion by Jolly, supported by White, it was:
#204-18 RESOLVED, that having considered an application from
Allison Adams, 18632 Flamingo Blvd., Livonia, MI 48152, dated April 24,
2018, requesting permission to close Flamingo Blvd., between Clarita and
Pickford, on Saturday, June 30, 2018, from 4:00 p.m. to 10:00 p.m., for
the purpose of conducting a block party, the Council does hereby grant
permission as requested, including therein permission to conduct the said
affair on Saturday, August 4, 2018, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
#205-18 RESOLVED, that having considered a communication from
Jackie Gordon, dated May 9, 2018, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, in order to host a graduation party, with music, bouncy house,
and games, scheduled for Saturday, June 23, 2018, from 12:00 p.m. to
10:00 p.m., on Arden Street and to barricade street from 11029 Arden to
11011 Arden, the Council does hereby determine to waive Section
8.32.070 (Noise Control) of the Livonia Code of Ordinances between the
hours of 12:00 p.m. and 10:00 p.m. in connection with this event to be
held on Saturday, June 23, 2018.
#206-18 RESOLVED, that having considered a communication from
Rev. Fr. Tony Massad, Pastor, dated April 18, 2018, which requests
permission to waive Section 8.32.070 (Noise Control) of the Livonia Code
of Ordinances, as amended, to hold a cultural festival with music played
by a DJ and live bands at Saint Rafka Maronite Catholic Church, located
at 32765 Lyndon Street, scheduled for Saturday, August 4, 2018 from
3:00 p.m. to 12:00 a.m. and Sunday, August 5, 2018 from 1:00 p.m. to
9:00 p.m., the Council does hereby grant and approve this request in the
manner and form herein submitted.
#207-18 RESOLVED, that pursuant to Section 21.02 of the Zoning
Ordinance of the City of Livonia, Ordinance No. 543, as amended, and
Section 601 of Act 110 of the Public Acts of Michigan of 2006, as
amended, Gregory G. Coppola, 17268 McNamara, Livonia, Michigan
48152, is hereby reappointed to the Zoning Board of Appeals for a three-
year term expiring July 12, 2021, with all the authority and duties as set
forth in the said Zoning Ordinance and Act 110.
#208-18 RESOLVED, that having considered the report and
recommendation of the City Clerk, dated May 15, 2018, which bears the
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signature of the Director of Finance, and is approved for submission by
the Mayor, regarding the purchase of additional voting equipment to
streamline the processing of ballots to ensure all City Elections run
smoothly, the Council does hereby accept the quote submitted by
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Dominion Voting, 1201 18 Street, Suite 210, Denver, CO 80202, for the
purchase of two (2) Dominion ICC Kit Optical Scan Tabulators, at a cost
of $12,980.00 each, with extended service and maintenance coverage at
a cost of $3,480.00, for a total amount not to exceed $29,440.00;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $25,839.20 from funds already budgeted in Account
No. 401-000-971-000 and $3,600.80 from Account No. 101-193-971-000
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 State of Michigan bid price under Contract
No. 071B7700117 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, and the Mayor and City Clerk are hereby
authorized to execute a contract, approved as to form and substance by
the Department of Law, for and on behalf of the City of Livonia with the
aforesaid company and to do all other things necessary or incidental to
the full performance of this resolution.
#209-18 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Director of Public Works, dated May 1, 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) 2019 Ford F550
Regular Champion Defender 217” WB Bus from Signature Ford, 1960 E.
Main Street, Owosso, Michigan 48867, for a total amount not to exceed
$78,867.00, for use by the Senior Center and to replace bus #8712, the
same to be expended from funds already budgeted for this purpose in the
Capital Outlay Budget for the Community Resources Department,
Account No. 101-892-985-000; 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. 071B1300009 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.
#210-18 RESOLVED, that having considered a communication from
Evelyn Goudreau, Chair, Livonia Cable Television Commission, dated
May 1, 2018, the Council does hereby authorize the dissolution of the
Livonia Cable Television Commission for the reason that the Commission
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Regular Meeting Minutes of June 4, 2018
no longer has the authority to negotiate with and oversee the cable
providers due to Public Act 480 which designates that authority to the
State of Michigan via the Michigan Public Service Commission and the
Department of Law is hereby requested to review and update the cable
ordinance to affect same.
#211-18 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated April 25, 2018, which
bears the signature of the Director of Finance and the City Attorney, and
is approved for submission by the Mayor, to which is attached an
Intergovernmental Agreement between the County of Wayne and the City
of Livonia in connection with utilizing grant funds in the amount of
$217,092.00 to be used for improvements at Rotary Park and Clements
Circle Park, the Council does hereby approve the proposed
Intergovernmental Agreement between the County of Wayne and
the City of Livonia and the Mayor and City Clerk are hereby authorized,
for and on behalf of the City of Livonia, to execute the Intergovernmental
Agreement in the manner and form herein submitted, subject to
approval as to form and substance by the Department of Law, and to do
all other things necessary or incidental to the full performance of this
resolution; FURTHER, the Council does hereby authorize an advance
expenditure in an amount not to exceed $217,092.00 from funds already
budgeted for this purpose in Account No. 101-709-974-000 ($204,000.00
- Rotary Park) and in Account No. 208-721-987-000 ($13,092.00 -
Clements Circle), with the provision that these funds be reimbursed to
Account No. 101-000-691-223 ($204,000.00 – Rotary Park) and Account
No. 208-000-558-100 ($13,092.00 – Clements Circle) at such time as the
improvements are completed.
#212-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Works, dated May 14,
2018, which bears the signature of the Director of Public Works and the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby authorize a five-year contract extension with ADS
Environmental Services, 340 the Bridge Street, Suite 204, Huntsville, AL
35806, for completing all work required in connection with the sanitary
sewer flow monitoring and rain gauge program at various locations
throughout the City, for the period June 1, 2018 through May 31, 2023, by
extending their original 2012 contract bid price, for a total amount not to
exceed $48,864.00 annually; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $48,864.00 annually
from funds already budgeted in Account No. 592-559-818-000 for this
purpose; FURTHER, the Council does hereby authorize the action herein
without competitive bidding in accordance with Section 3.04.140.D.3 of
the Livonia Code of Ordinances, as amended, and the Mayor and City
Clerk are hereby authorized for and on behalf of the City of Livonia to
execute a contract extension with the aforesaid company, subject to
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Regular Meeting Minutes of June 4, 2018
approval as to form and substance by the Department of Law, and to do
all other things necessary or incidental to the full performance of this
resolution.
#213-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated May 10, 2018, which bears
the signature of the Director of Public Works and the Director of Finance,
is reviewed as to form by the City Attorney, and approved for submission
by the Mayor, to which is attached an Intergovernmental Agreement
between the County of Wayne and the City of Livonia for the road
improvements of Farmington Road between Plymouth Road and
Schoolcraft Road, the Council does hereby approve the proposed
Intergovernmental Agreement between the County of Wayne and the
City of Livonia; and the Mayor and City Clerk are hereby authorized,
for and on behalf of the City of Livonia, to execute the Intergovernmental
Agreement in the manner and form herein submitted, subject to
approval as to form and substance by the Department of Law; FURTHER,
the Council does hereby authorize an expenditure in an amount not to
exceed $132,000.00 from funds already budgeted in Account No: 202-
463-818-125 (Major Street Fund - City Participation in MDOT and County
Projects) and $43,000.00 from the Unexpended Fund Balance of the
Major Road Fund (202) for this purpose; FURTHER, the Council does
hereby authorize a Working Capital Advance to the County of Wayne in
the amount of $87,500.00 as fifty percent (50%) of the City of Livonia’s
participation of the total project cost; and 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
#214-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 2, 2018, approved for
submission by the Mayor, which transmits its resolution #05-25-2018,
adopted on May 1, 2018, with regard to Petition 2018-03-02-06, submitted
by Khuja Consulting L.L.C., requesting approval to increase the seating
capacity of a previously approved limited service restaurant (formerly
Rocky’s Rotisserie) into a full service restaurant (Alloush Cafe) within the
Newburgh Plaza Shopping Center, located at the southeast corner of Six
Mile and Newburgh Roads (37337 Six Mile Road) in the Northwest ¼ of
Section 17, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2018-03-02-06 is hereby
approved and granted, subject to the following conditions:
1. That the maximum customer seating count for this restaurant shall
not exceed seventy (70) seats;
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Regular Meeting Minutes of June 4, 2018
2. 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; and
3. That no LED light band or exposed neon shall be permitted on the
site including, but not limited to, the building or around the windows.
#215-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 2, 2018, approved for
submission by the Mayor, which transmits its resolution #05-26-2018,
adopted on May 1, 2018, with regard to Petition 2018-04-02-07, submitted
by Bianca Bousamra, requesting approval to operate a dance studio (The
Foundation House) on the east side of Farmington Road between
Plymouth Road and the CSX railroad right-of-way (11936 Farmington
Road) in the Southwest ¼ of Section 27, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2018-04-02-07 is hereby approved and granted, subject to the
following conditions:
1. That the site plan, as received by the Planning Commission on April
5, 2018, is hereby approved and shall be adhered to;
2. That adequate off-street parking shall be provided which shall be
sufficient to comply with the parking requirement for employees
and patrons as set forth in Section 18.38(12) of the Zoning
Ordinance;
3. 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; and
4. That the issues as outlined in the correspondence dated April 23,
2018. from the Director of Inspection shall be resolved to the
satisfaction of the Inspection Department.
#216-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated May 2, 2018, approved for
submission by the Mayor, which transmits its resolution #05-27-2018,
adopted on May 1, 2018, with regard to Petition 2018-04-02-08, submitted
by Crossfit North Industry requesting approval to operate an indoor fitness
center on the east side of Farmington Road between Plymouth Road and
the CSX railroad right-of-way (11944 and 11948 Farmington Road) in the
Southwest ¼ of Section 27, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2018-04-02-08 is hereby approved and granted, subject to the following
conditions:
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1. That the site plan, as received by the Planning Commission on April
6, 2018, is hereby approved and shall be adhered to;
2. That adequate off-street parking shall be provided which shall be
sufficient to comply with the parking requirement for employees
and patrons as set forth in Section 18.38(12) of the Zoning
Ordinance;
3. 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; and
4. That the issues as outlined in the correspondence dated April 23,
2018 from the Director of Inspection shall be resolved to the
satisfaction of the Inspection Department.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kritzman, Bahr, White, Meakin, Jolly and Toy
NAYS: None
The President declared the resolutions adopted.
Brian Meakin, as Vice Chair of the Public Safety, Health and Environment
Committee, reported out on the meeting of Wednesday, May 16, 2018 regarding
the subject of measures to retain employees within the Police and Fire Divisions
of the Department of Public Safety. (CR 111-18)
This item will remain in Committee.
A communication from the Department of Law, dated May 29, 2018,
attaching a proposed amendment to Livonia Zoning Ordinance No. 543, as
amended, re: Petition 2018-01-01-01, submitted by Kucyk, Soave & Fernandes,
P.L.L.C., correcting the erroneous statement of minimum lot size for R-2 zoning
districts, as stated in the Council Agenda and May 14, 2018 correspondence
from the Law Department, from 60’ x 120’ lots to 70’ x 120’, was received and
placed on file for the information of the Council.
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Bahr gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 17 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OR ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE”, BY ADDING
SECTION 3.__ THERETO. (Petition 2018-01-01-01)
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.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 040 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
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.
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 08 (WATER SERVICE RATES AND REVENUES)
OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
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. gave first reading to the following Ordinance:
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDMENT TO SECTION 120 OF TITLE 13,
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CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting. gave first reading to the following Ordinance:
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 130 OF TITLE 13,
CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF
THE LIVONIA CODE OF ORDINANCES, AS AMENDED.
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.
Kritzman gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 050 OF TITLE 13,
CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
On a motion by Kritzman, supported by Jolly, and unanimously adopted,
it was:
#217-18 RESOLVED, that having considered an application from
Brigette Poirier, dated May 17, 2018, requesting permission to barricade
the parking lot located at 18444 Farmington Road, Livonia, MI 48152 on
Wednesday, June 20, 2018, from 4:00 p.m. to 7:00 p.m., for the purpose
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Regular Meeting Minutes of June 4, 2018
of conducting a Grand Opening Event for Today’s Orthodontics, with a
tent, food truck, bounce house and outdoor activities, the Council does
hereby grant permission to barricade the parking lot located at 18444
Farmington Road on Wednesday, June 20, 2018, from 4:00 p.m. to 7:00
p.m., the action taken herein being made subject to the approval of the
Police Department.
On a motion by Jolly, supported by Meakin, and unanimously adopted, it
was:
#218-18 RESOLVED, that having considered a communication from
the Chief of Police, dated May 3, 2018, which bears the signature of the
Director of Finance, and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept a cash
donation in the amount of $1,000.00 from The Allstate Foundation, the
same to be appropriated and credited to Account No.: 702-285-213,
representing the total cash donation, for the purposes designated by the
donor.
Chief Caid was present to talk about the Passport to Safety Program being held
on Saturday, June 9, 2018 and thanked Allstate and all of the donors for their
continued support.
There was no Audience Communication at the end of the meeting.
On a motion by Jolly, supported by White and unanimously adopted, this
1,850th Regular Meeting of the Council of the City of Livonia was adjourned at
7:53 p.m. on June 4, 2018.
_____________________
Susan M. Nash, City Clerk