HomeMy WebLinkAboutMINUTES 2018-08-20
REV 9-12-18
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTY-FIFTH
REGULAR MEETING OF AUGUST 20, 2018
On August 20, 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. Vice President Jim Jolly led the meeting in the
Invocation.
Roll was called with the following result: Jim Jolly, Brandon
Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre, Brian Meakin and
President Laura Toy. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Planning and Economic Development; Todd Zilincik, City Engineer; Leo
Neville, Assistant City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director
of Legislative Affairs; Lynda Scheel, Treasurer; Curtis Caid, Chief of Police,
Brandi Isaacson, Department of Housing; and Mayor Dennis Wright.
On a motion by Bahr, supported by Jolly, and unanimously
adopted, it was:
#296-18 RESOLVED, that the minutes of the 1,854th
Regular Meeting of Council held August 8, 2018 are
approved as presented.
The President declared the resolution adopted.
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Vice President Jolly wished a Happy 10 Anniversary to his wife Katie.
McIntyre offered condolences to Kim Pelletier, long time member of the Mayor’s
staff, who lost her mother last week.
President Toy asked for continued prayers for Chaplain Joel’s daughter.
Meakin asked for prayers for Tracey Kobylarz, Redford Township’s Supervisor,
who was in a terrible car accident last week and remains hospitalized.
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Regular Meeting Minutes of August 20, 2018
President Toy stated there is New Data on Items 15, 16 and 21 and commented
that new data should be received two business days in advance of the meeting
so the Council can review it.
There was no Audience Communication at the beginning of the meeting.
A communication from the Department of Finance, dated July 20, 2018, re:
forwarding various financial statements for the City of Livonia for the month
ending June 30, 2018, was received and placed on file for the information of the
Council.
On a motion by Jolly, supported by Bahr, it was:
#297-18 RESOLVED, that having considered a communication from
Chris Hibner, SuperNatural Brewing & Spirits, received by the Office of
the City Clerk on July 29, 2018, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, to host an Oktoberfest event with live music in their parking lot
located at 36685 Plymouth Road, Livonia, Michigan, scheduled for Friday
and Saturday, September 21 and 22, 2018 from 5:00 p.m. to 12:00 a.m.
and Sunday, September 23, 2018 from 12:00 p.m. to 8:00 p.m., the
Council does hereby grant and approve this request in the manner and
form herein submitted.
#298-18 RESOLVED, that having considered a communication from
the Mayor, dated July 30, 2018, wherein he has requested approval of
the appointment of Mr. David Cash, 14429 Yale, Livonia, MI 48154 to
the Local Officers Compensation Commission to fill the unexpired term
of Leo D. Neville, which will expire on April 2, 2024, pursuant to Section
2.48.020 of the Livonia Code of Ordinances, as amended, and Act No.
279 of the Public Acts of Michigan of 1909, as amended, the Council
does hereby confirm and approve such appointment, provided that Mr.
Cash takes the oath of office as required in Chapter X, Section 2 of the
City Charter, to be administered by the City Clerk.
A communication from the Office of the City Clerk, dated July 19, 2018, to
which is attached a communication from Michael T. Slater, Treasurer, Plymouth
Road Development Authority, dated May 16, 2018, re: Tax Rate Request for
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Regular Meeting Minutes of August 20, 2018
the Plymouth Road Development Authority for the 2018 tax year, was received
and placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated July 19, 2018, to
which is attached a communication from David Bergeron, Assistant
Superintendent, Clarenceville School District, dated June 14, 2018, re: Tax
Collection for the Clarenceville School District for the 2018 School Year, was
received and placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated July 19, 2018, to
which is attached a communication from Michelle Saunders, Executive Director
of Financial Services for Oakland Schools ISD, dated May 21, 2018, re: Tax
Collection for Oakland Schools ISD for the 2018 School Year, was received and
placed on file for the information of the Council.
A communication from the Office of the City Clerk, dated July 19, 2018, to
which is attached a communication from Tamara Dust, Finance Manager of the
Wayne County Regional Education Service Agency (RESA), dated June 20,
2018, re: Tax Collection for Wayne County Regional Educational Service
Agency (RESA) for the 2018 School Year, was received and placed on file for
the information of the Council.
A communication from the Office of the City Clerk, dated July 23, 2018, to
which is attached a communication from Scott T. Vandemergel, MMAO(4),
Director, Division of Assessment and Equalization, Charter County of Wayne,
dated June 7, 2018, re: Tax Collection for the County of Wayne for the 2018 Tax
Rate, was received and placed on file for the information of the Council.
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Regular Meeting Minutes of August 20, 2018
A communication from the Office of the City Clerk, dated July 19, 2018, to
which is attached a communication from N.A. Khouri, State Treasurer, State of
Michigan Department of Treasury, dated April 1, 2018, re: Tax Collection for
State of Michigan, State Education Tax for the 2018 School Year, was received
and placed on file for the information of the Council.
#299-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
July 20, 2018, which bears the signature of the Finance Director and is
approved for submission by the Mayor, the Council does hereby accept
the unit price bid of Brock & Associates, Inc., 48320 W. Nine Mile Road,
Novi, Michigan 48374, for completing all work required in connection with
the construction and site work for a pedestrian bridge at Helman Park for
a total amount not to exceed $141,025.38, based upon the Engineering
Division's estimate of units involved, and subject to a final payment based
upon the actual units completed in accordance with the unit prices
accepted herein, said cost and unit prices having been in fact the lowest
bid received for this item; FURTHER, the Council does hereby appropriate
and authorize the expenditure of a sum not to exceed $141,025.38 from
the unexpended fund balance of the Roads, Sidewalks and Tree Fund
(204) for this purpose, with $60,000.00 to be reimbursed from a donation
from St. Mary Mercy, on behalf of Healthy Livonia; 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.
#300-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 27, 2018, which is
approved by the Director of Public Works, approved as to form by the City
Attorney and approved for submission by the Mayor, with regard to a
request from Madonna University, a Michigan non-profit organization, 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 14351 and 14363 Levan Road, Livonia, Michigan, the Council does
hereby determine as follows:
1. To accept on behalf of the City of Livonia, the jurisdiction and
maintenance of the storm sewer within the property located on the
west side of Levan Road between Schoolcraft Road and Five Mile
Road, in the S.W. ¼ of Section 20, for the development of the
Madonna University Student Housing at 14351 and 14363 Levan
Road. (See maintenance agreement from the owner Madonna
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Regular Meeting Minutes of August 20, 2018
University, a Michigan non-profit corporation, 36600 Schoolcraft
Road, Livonia, Michigan 48150, attached to said report and
recommendation, indicating their willingness to reimburse the City
for any such maintenance that may become necessary); and
2. To authorize the Mayor and City Clerk to execute the Storm Water
Facilities Maintenance Agreement on behalf of the City.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the resolutions adopted.
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of July 30, 2018, re: CR #253-18.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#301-18 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated July 30, 2018,
submitted pursuant to Council Resolution 253-18, adopted on July 9,
2018, and further having considered a communication from the City
Engineer, dated May 17, 2018, which is approved by the Director of Public
Works, reviewed as to form by the City Attorney, and approved for
submission by the Mayor, requesting to rescind Council Resolution No.
169-13, adopted on June 3, 2013, which accepted the original storm water
management agreement with the owner of Parz-Saville Row Site
Condominiums, located on the north side of Joy Road, west of Wayne
Road in the S.W. ¼ of Section 33, and to which is attached a proposed
replacement agreement for the Parz-Saville Row Site Condominium storm
water facilities, submitted by the Saville Row Homeowner’s Association,
the Council does hereby deny same.
Meakin clarified that Council was denying the rescinding of the resolution.
White took from the table, for second reading and adoption, the following
Ordinance:
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AN ORDINANCE ADDING SECTION 051, AND AMENDING
SECTIONS 090, 100, 310, 345 AND 370 OF TITLE 12, CHAPTER
04 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE
LIVONIA CODE OF ORDINANCES.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 33 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
SECTION 3.___________ THERETO. (Petition 2018-02-01-03)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
McIntyre took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 9.03(j) OF ARTICLE IX
AND SECTION 10.03(d) OF ARTICLE X OF ORDINANCE NO.
543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF
LIVONIA ZONING ORDINANCE” BY ADDING
SECTION 3.___________ THERETO. (Petition 2018-04-06-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
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Regular Meeting Minutes of August 20, 2018
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A communication from Trey Brice, Jaffe, Raitt, Heuer & Weiss, dated
August 17, 2018, re: Conditional Rezoning, 33850 Plymouth Road, was received
and placed on file for the information of the Council.
Bahr took from the table, for second reading and adoption, 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)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin, 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 Kritzman, it was:
RESOLVED, that having considered a communication from the
City Planning Commission , dated July 2, 2018, approved for submission by the
Mayor, which transmits its resolution #06-44-2018, adopted on June 26, 2018,
with regard to Petition 2018-04-02-10, submitted by Feldman Automotive, Inc.,
to construct and operate a used auto dealership with outdoor display of vehicles
(Feldman Pre-Owned Superstore), at 33850 Plymouth Road, located on the
north side of Plymouth Road between Farmington and Stark Roads in the
Southeast ¼ of Section 28, the Council does hereby direct that this item be
placed on the agenda for the next regular meeting of September 5, 2018.
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Regular Meeting Minutes of August 20, 2018
Meakin stated the reason for his offering this resolution is that the additional
information on this item was received in the afternoon and Council really didn’t
have time to look over the documents that were submitted. He stated he didn’t
notice that the documents showed that the trees requested were changed and
asked Taormina through the Chair if what was submitted was sufficient enough
to cover the back side so the cars are not visible.
Taormina responded that the condition Meakin is referring to was imposed by
the Planning Commission, so that is part of their resolution. He went on to state
that part of the Conditional Rezoning Agreement is effectively an affirmation of
all of the conditions as set forth in the Planning Commission resolution including
some additional landscaping. He stated it was not the intent when that resolution
was adopted to specifically address the issues as Meakin outlined them at the
last study session.
Meakin indicated he would keep the resolution he offered as is, because he feels
that item should be addressed before they move any further.
Kritzman asked Taormina through the Chair, that he recalled instigating some
measure of discussion regarding the exterior materials on the building and asked
if those were addressed at all.
Taormina responded they have not received any new information or data relative
to design changes affecting the building. He said it was his understanding that
they would like to keep the plans as were presented.
McIntyre stated she appreciated the intention of Meakin’s resolution, but wanted
to explain why she will not be supporting it. She said the timeliness of the detailed
data on the day of the Council meeting does not afford them the time they need
to review and study the data and stated she would prefer it to be sent to the
Committee of the Whole.
Bahr asked for clarification of Meakin’s motion, asking if it was to postpone this
item to the next meeting and President Toy responded in the affirmative.
Kritzman stated he would like to hear from the Petitioner before any vote was
taken to discuss the outstanding items and that it appears that the items that
were brought up at the last meeting were not addressed.
President Toy asked the Petitioner to come to the podium.
Trey Brice, Jaffe, Raitt, Heuer & Weiss, P.C., 29777 Franklin Road, Southfield,
attorney for the Petitioner, came to the podium. He apologized for the lateness
of the new data, and stated it was due probably to a miscommunication between
the City and himself, having discussed it on Friday, consequently drafting the
letter, not knowing it would be a part of Item 15 on tonight’s agenda.
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He stated that Feldman, at this point, is presenting the plan that was presented
before. Addressing the landscaping point, from the bird’s eye view it does have
the concern about parking, but from street level the plan shows street
landscaping, landscaping at the building and behind, and there is a lot of
shielding at this point.
The other point being this is the intention to be a car dealership, so that’s the
item that’s being sold, so there is some intent to show the cars as well. So they
believe with the mixture of the two, that it isn’t as drastic to the eye when you’re
on the street level as may seem from the bird’s eye view, so he feels that was
addressed but that there is some intent to have cars visible.
He went on to say he appreciated Kritzman’s comments about the materials,
again, with the way the landscaping is on some of the sides there will be some
break up, it really is the west side elevation, the front is glass, there’s glass on
the other side, it’s the one west wall that probably has the most solid view. So,
on one hand there will be landscaping, and to change materials is expensive,
there is a branding concern here of making the pre-owned dealerships have the
similar branding, it meets everything presented in the site plan including both
landscaping and material and design, meets every zoning requirement. He
stated there are reasons to support to keep it the way it is. One, it is shielded
enough that at every meeting they’ve had, the public has supported it, Planning
Commission has passed it on with its recommendation and everything in the plan
presented meets the Code as required.
Bahr asked to clarify the branding issue, and asked what is it specifically about
this building that is part of the Feldman branding.
Brice responded it is the 1-800-PREOWNED, which has the new preowned wing
and has the blue and the white and that’s the branding concept.
Bahr commented that McDonald’s has its own branding but from one community
to the next there are different materials on the buildings and he struggles to see
how the material of the building in and of itself has to be a significant part of that
branding, a lot of the branding can be maintained in spite of that.
Meakin withdrew his motion.
President Toy stated there is no motion on the floor.
On a motion by McIntyre, supported by Kritzman, it was:
RESOLVED, that having considered a communication from the
City Planning Commission, dated July 2, 2018, approved for submission
by the Mayor, which transmits its resolution #06-44-2018, adopted on
June 26, 2018, with regard to Petition 2018-04-02-10, submitted by
Feldman Automotive, Inc., to construct and operate a used auto
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dealership with outdoor display of vehicles (Feldman Pre-Owned
Superstore), at 33850 Plymouth Road, located on the north side of
Plymouth Road between Farmington and Stark Roads in the Southeast ¼
of Section 28, that Council does hereby refer this item to the Committee
of the Whole for its report and recommendation.
President Toy asked if there was discussion on Resolution A.
McIntyre stated there was not enough time for her to digest the new data and to
corroborate Bahr’s statement, there are many businesses that have national
franchising, and they’re able to vary their materials from community to community
to match the community’s branding, so she feels this merits discussion in the
Committee of the Whole.
Kritzman indicated that after Meakin withdrew his motion, he came very close to
offering a denying resolution because he feels that strongly about the proposed
materials and he feels he would have had the support for that this evening. He
stated he does want to work with the businesses in the community and if there is
an opportunity to move this project forward, he would like to do that, so he
supports the idea of discussing this further in the Committee of the Whole looking
for a positive resolution on all ends.
President Toy suggested that the Petitioner keep Council’s comments in mind in
moving forward.
Taormina stated that in the previous item, Item 15, when Council approved the
zoning, the Conditional Rezoning Agreement was not specified and that he feels
that should either be confirmed at some point this evening and the reason for
that is that Conditional Rezoning Agreement specifically relates to a previously
approved site plan by the Planning Commission adherent to that plan, so he
doesn’t want there to be a conflict between the Conditional Rezoning Agreement
and any further action that may be taken relative to the waiver use approval and
that that should be clarified.
McIntyre asked Attorney Neville what the proper protocol would be and Neville
responded that Item 15 should be rescinded as they go hand in hand.
Following discussion by Council, a roll call vote was taken on the original motion
by McIntyre, supported by Kritzman
#302-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 2, 2018, approved for
submission by the Mayor, which transmits its resolution #06-44-2018,
adopted on June 26, 2018, with regard to Petition 2018-04-02-10,
submitted by Feldman Automotive, Inc., to construct and operate a used
auto dealership with outdoor display of vehicles (Feldman Pre-Owned
Superstore), at 33850 Plymouth Road, located on the north side of
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Plymouth Road between Farmington and Stark Roads in the Southeast ¼
of Section 28, that Council does hereby refer this item to the Committee
of the Whole for its report and recommendation.
with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: Meakin
The President declared the resolution adopted.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#303-18 RESOLVED, that the second reading and roll call vote on
the proposed amendment to Livonia Zoning Ordinance No. 543, as
amended, re: Petition 2017-10-01-07, submitted by Feldman Automotive,
Inc., be rescinded.
On a motion by Jolly, supported by McIntyre, it was:
#304-18 RESOLVED, that the proposed amendment to Livonia
Zoning Ordinance No. 543, as amended, re: Petition 2017-10-01-07, the
Council does hereby direct that this item be referred to the Committee of
the Whole for its report and recommendation.
A roll call vote was taken on the above resolution with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: Meakin
The President declared the resolution adopted.
President Toy reminded the Petitioner that new data should be received at least
two business days before the Item is heard at the Council meeting.
On a motion by McIntyre, supported by White, and unanimously adopted,
it was:
#305-18 RESOLVED, that having considered an application from
Amanda Duke, 17200 Louise, Livonia, MI 48152, dated July 24, 2018,
requesting permission to close Louise Street, from 17200 Louise to
Bobrich, on Saturday, September 22, 2018, from 3:00 p.m. to 8:00 p.m.
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for the purpose of conducting a block party, the Council does hereby grant
permission as requested, the action taken herein being made subject to
the approval of the Police Department.
On a motion by McIntyre, supported by White, and unanimously adopted,
it was:
#306-18 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated July 4, 2018, which bears
the signature of the Director of Finance, is approved as to form by the City
Attorney and is approved for submission by the Mayor, the Council does
hereby accept the quote of Dell, Inc., One Dell Way, Mail Stop 8129,
Round Rock, TX 78682, for the purchase of two (2) Dell Poweredge R740
Servers, for a total amount not to exceed $29,980.14, to replace current
servers which are out of warranty and at the end of their life expectancy,
and replacement parts are limited or no longer available; FURTHER, the
Council does hereby authorize an appropriation and expenditure in an
amount not to exceed $29,980.14 from funds already budgeted in Account
No. 101-306-987-000 (Capital Outlay – Other) 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 Contract Pricing Bid under Contract No.
071B6600111 for the new purchase, 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.
Chief Caid was present to answer questions of Council on the above item and in
response to a question from Vice President Jolly, made a comment on the use
of Evidence.com and its benefit.
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, it was:
#307-18 RESOLVED, that having considered a communication from
the Director of the Livonia Housing Commission, dated July 25, 2018,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and which submits a bid received in connection
with the sale of City-owned property purchased through tax foreclosure
utilizing Federal Community Development Block Grant (CDBG) Program
funds regarding the vacant parcel located at 19315 Inkster Road, the
Council does hereby accept the bid and authorizes the sale of the
aforesaid city-owned property to Soave Homes, 12822 Stark Road,
Livonia, MI 48150, for a total purchase price of $1,100.00, having been
the sole bid actually received, the actions herein being taken in order to
best serve the interests of the community; FURTHER, the total proceeds
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of such sale shall be allocated to the Community Development Block
Grant (CDBG) Program as program income; and the Mayor and City Clerk
are hereby requested to execute a quit claim deed and such other
documents as may be necessary or incidental to fulfill the purpose of this
resolution; 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 said quit claim deed 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.
Brandi Isaacson, Department of Housing, was present to answer any questions
of Council on the above item.
Meakin stated that the benefit of the above item was to get this property back on
the tax rolls.
McIntyre confirmed that the sale of these kinds of properties are transparent as
they are Federal funds which have specific guidelines for the sale.
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, it was:
#308-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 27, 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 15475 Middlebelt 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 west side of Middlebelt Road,
north of Five Mile Road, for the development of Marycrest Manor
Skilled Nursing and Assisted Living Addition Phase II – Demolition
and Reconstruction of Facility at 15475 Middlebelt Road, located in
the Southeast ¼ of Section 14. (See maintenance agreement from
the owner Trinity Continuing Care Services, a Michigan non-profit
corporation, 17410 College Parkway, Suite 200, Livonia, Michigan
48152, attached to said report and recommendation, indicating
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their 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; and
3. To authorize the Mayor and the City Clerk to execute the
maintenance agreement on behalf of the City.
A rendering of a typical store-front elevation, received by the Office of the
City Clerk on August 20, 2018, re: Petition 2018-06-08-06, was received and
placed on file for the information of the Council.
On a motion by McIntyre, supported by Jolly for discussion purposes only,
an approving resolution was made.
McIntyre indicated that new data received on the day of the meeting does not
allow ample time for the Council to review.
Kritzman commented that he had been in receipt of the new data last week and
was under the impression that all Council members had received it.
Steve Anton, Petitioner, was present to answer any questions of Council.
Following discussion by Council, on a motion by Bahr, supported by
Meakin, 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 July 23, 2018, which transmits its
resolution #07-50-2018, adopted on July 17, 2018, with regard to Petition
2018-06-08-06, submitted by Steve Anton, to remodel the exterior of the
commercial strip center (LA Plaza), located on the south side of Plymouth
Road between Yale Avenue and Levan Road (36083-36175 Plymouth
Road), in the Northeast ¼ of Section 32, the Council does hereby direct
that this item be placed on the agenda for the next regular meeting of
September 5, 2018.
A roll call vote was taken on the motion to substitute with the following
result:
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AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the motion to substitute passed.
On a motion by Bahr, supported by White, a roll call vote was then taken
on the substitute resolution as follows:
#309-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 23, 2018, which transmits its
resolution #07-50-2018, adopted on July 17, 2018, with regard to Petition
2018-06-08-06, submitted by Steve Anton, to remodel the exterior of the
commercial strip center (LA Plaza), located on the south side of Plymouth
Road between Yale Avenue and Levan Road (36083-36175 Plymouth
Road), in the Northeast ¼ of Section 32, the Council does hereby direct
that this item be placed on the agenda for the next regular meeting of
September 5, 2018.
with the following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy
NAYS: None
The President declared the substitute resolution adopted.
On a motion by McIntyre, supported by Bahr, it was:
RESOLVED, that having considered a communication from the
City Planning Commission, dated June 6, 2018, which transmits its
resolution 06-36-2018, adopted on June 5, 2018, with regard to Petition
2018-05-06-02, pursuant to Council Resolution #165-18, and Section
23.01(a) of Zoning Ordinance No. 543, as amended, proposing to amend
Sections 21.01, 21.02 and 21.03 of Article XXI in order to provide for the
appointment of alternate Zoning Board of Appeals board members, and
the Council having conducted a public hearing with regard to this matter
on Monday, July 30, 2018, the Council does hereby reject the
recommendation of the Planning Commission and Petition 2018-05-06-02
is hereby denied for the following reasons:
1. That the existing arrangement of seven (7) board members is more
than adequate to handle the case load of the Zoning Board of
Appeals and therefore, the proposed language amendment is not
needed; and
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2. Having alternate members serving as board members could cause
confusion and complicate meeting protocols.
McIntyre stated her reasoning behind offering the denying resolution.
Vice President Jolly spoke on the benefit of having alternates.
Bahr questioned the need for alternates as a binding decision can be reached
without a full board.
Vice President Jolly reiterated his belief for having alternates which State law
provides.
McIntyre stated she looked at the attendance records of the board members
before offering the denying resolution.
President Toy passed the gavel at 7:59 p.m.
President Toy stated she believes the Zoning Board is the last board that anyone
can go to before going to the Circuit Court, stating that board is much different
than the Planning Commission or some of the other boards. She stated for the
most part that Board is crucially important because people spend a lot of time
and a lot of money on attorneys if their Petition does not get heard for whatever
reason or they get denied by the Zoning Board. She indicated she is in
agreement with Vice President Jolly in promoting the need for alternates and
emphasized the importance of the Zoning Board.
Meakin stated there has been a lot of debate about this issue and doesn’t feel it
is ready for approval in changing the ordinance and spoke about his experience
on the Zoning Board and that procedurally changes could be made in lieu of an
ordinance change.
White indicated that the thought of an alternate on the ZBA is good in theory but
she has concerns about the possibility of the alternate having a short notice of a
meeting and may not have time to fully study the issues on the agenda and stated
she would not be in support of the change in the ordinance.
Kritzman stated that he has had the opportunity to appear before many zoning
boards throughout his professional career and what he has typically found is that
in those communities where they do have an assigned alternate delegate, that
alternate still gets every packet for every meeting and participates and are
usually in the audience and only called to the dais as needed due to an absence
and he feels that would address many of the concerns mentioned.
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McIntyre stated she agrees with the alternates being kept apprised of the matters
before the Zoning Board but also stated attendance may also be an issue with
the alternates and is hesitant to approve the change.
Following discussion by Council, a roll call vote was taken on the resolution made
by McIntyre, supported by Bahr,
#310-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 6, 2018, which transmits its
resolution 06-36-2018, adopted on June 5, 2018, with regard to Petition
2018-05-06-02, pursuant to Council Resolution #165-18, and Section
23.01(a) of Zoning Ordinance No. 543, as amended, proposing to amend
Sections 21.01, 21.02 and 21.03 of Article XXI in order to provide for the
appointment of alternate Zoning Board of Appeals board members, and
the Council having conducted a public hearing with regard to this matter
on Monday, July 30, 2018, the Council does hereby reject the
recommendation of the Planning Commission and Petition 2018-05-06-02
is hereby denied for the following reasons:
1. That the existing arrangement of seven (7) board members is more
than adequate to handle the case load of the Zoning Board of
Appeals and therefore, the proposed language amendment is not
needed; and
2. Having alternate members serving as board members could cause
confusion and complicate meeting protocols.
with the following result:
AYES: Bahr, White, McIntyre, Meakin
NAYS: Kritzman, Toy and Jolly
Vice President Jolly declared the resolution adopted.
President Toy resumed the gavel at 8:07 p.m.
On a motion by McIntyre, supported by Meakin, and unanimously
adopted, it was:
#311-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 23, 2018, which sets forth its
resolution 07-49-2018 adopted on July 17, 2018, with regard to Petition
2018-06-06-03 submitted by the City Planning Commission, pursuant to
Section 23.01(b) of Zoning Ordinance No. 543, as amended, proposing to
amend Section 10.03 of Article X, Waiver Uses, C-1 District Regulations
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Regular Meeting Minutes of August 20, 2018
in order to allow for establishments having liquor licenses such as Class
C, Tavern, Micro brewers and Brewpubs, to operate in conjunction with
restaurants and other dining facilities, and the Council having conducted
a public hearing with regard to this matter on Monday, July 30, 2018, the
Council does hereby approve Petition 2018-06-06-03 for preparation of
the ordinance for submission to Council; and the Department of Law is
requested to prepare an ordinance amending Ordinance No. 543, as
amended, in accordance with this resolution.
On a motion by Bahr, supported by White, and unanimously adopted, it
was:
#312-18 RESOLVED, that having considered a communication from
the Director of Finance, dated June 15, 2018, approved for submission by
the Mayor, the Council does hereby determine to conduct a Finance,
Budget and Technology Committee meeting on Monday, September 24,
th
2018, at 7:00 p.m., in the 5 floor gallery, and a public hearing on
Wednesday, October 3, 2018, at 7:00 p.m., at the Livonia City Hall, 33000
Civic Center Drive, Livonia, Michigan, with respect to the annual budget
for the fiscal year ending on November 30, 2019; and the City Clerk shall
give adequate public notice of said public hearing in accordance with
provisions of law and City Charter.
During Audience Communication, Brian Duggan, 14315 Denne, stated that this
upcoming Saturday there is a fundraising event being held at Burton Manor to
help raise money to bring the Vietnam Moving Wall to Livonia next year. The
tickets are $35 and includes a two-hour beer and wine tasting and the band Major
Woody will be performing and twenty restaurants participating in a taste fest and
encouraged everyone to attend.
On a motion by Meakin, supported by Bahr, and unanimously adopted,
this 1,855th Regular Meeting of the Council of the City of Livonia was adjourned
at 8:10 p.m. on August 20, 2018.
_____________________
Susan M. Nash, City Clerk