HomeMy WebLinkAboutMINUTES 2018-12-03
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTY-SECOND
REGULAR MEETING OF DECEMBER 3, 2018
On December 3, 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. Scott Bahr led the meeting in the Invocation.
Roll was called with the following result: Scott Bahr, Cathy White,
Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman, and President
Laura Toy. Absent: None.
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; Lynda Scheel, Treasurer; Judy
Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Curtis
Caid, Chief of Police; and Mayor Dennis Wright.
On a motion by Jolly, supported by White, and unanimously
adopted, it was:
#411-18 RESOLVED, that the minutes of the 1,861st
Regular Meeting of Council held November 19, 2018 are
approved as presented.
McIntyre spoke about the passing of former President H.W. Bush.
Bahr talked about the Holiday Parade and its success and thanked all involved
for their hard work.
President Toy thanked everyone who worked on the parade.
She then informed the public that Council meetings are shown on Spectrum
Channel 203, and on WOW they are shown on 10, and on AT & T they are shown
on Channel 99.
President Toy wished Councilmember Brian Meakin a happy birthday as well as
Mayor Dennis Wright, and Linda McCann, Director of Community Resources.
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She stated there is New Data on Items 17, 19 and 21.
Meakin then wished President Toy a happy birthday which is coming up on
December 22nd.
Lynda Scheel, Treasurer, came to the podium and stated she wanted to inform
all Livonia property and business owners that the 2018 Winter Tax Bills were
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issued and mailed on Saturday, December 1. They are due and payable without
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interest through Thursday, February 14, 2019. She indicated if residents have
not received theirs in the mail yet, they should arrive within the next few days.
She stated that even if a homeowner’s mortgage company pays their taxes, an
informational copy is still sent out to the residents and will state “Informational
Copy” on the bill in the top left side box. To assist property and business owners,
partial payments are accepted throughout this time period with no additional
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charge as long as it is paid in full by Thursday, February 14, 2019. Both 2018
Summer and Winter real property tax bills are payable to the Livonia Treasurer
through that date and thereafter they must be paid at Wayne County. For any
questions or information, she invited residents to visit the Treasurer’s Office page
of the City’s website at www.ci.livonia.mi.us.
President Toy also reminded that they can be dropped off in the red mailbox on
the east side of City Hall.
Wayne County Commissioner Diane Webb came to the podium to thank the
residents of Livonia for their support in this last election. She stated it has been
an honor to serve them for the last six years and that she is looking forward to
the next term which will focus on transparency. She wished everyone Happy
Holidays.
President Toy thanked the Commissioner for the financial help from Wayne
County for Farmington Road repairs and Webb stated that Livonia has a strong
advocate for the City, Todd Zilincik.
McIntyre commended Webb on her support for Livonia as well as Commissioner
Marecki.
During Audience Communication the following people addressed Council on the
Planned Parenthood on Farmington Road:
Barb Valasek, 17628 Francavilla, Livonia
Diane Carlson, 19229 Pearson Drive, Northville
Frank Carlson, 19229 Pearson Drive, Northville
Kellie Sider, 30261 Buckingham, Livonia
Jim Stephanoff, 15396 Alpine Drive, Livonia
James Hooper, 36438 Six Mile, Livonia
Camery Thomas, 11215 W. Clements Circle, Livonia
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Regular Meeting Minutes of December 3, 2018
Irene Durkee, 15551 Knolson, Livonia
Mary Mciver, 9800 Eckles, Livonia
Betsy Calhoun, 33023 Grennada, Livonia
Camille Brick, 18999 Fairway, Livonia
Councilmember Bahr clarified the terminology concerning the Planned
Parenthood and replied to some of the comments heard at the meeting and
complimented the audience members on the tone of the meeting.
On a motion by Jolly, supported by Kritzman, it was:
#412-18 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 6, 2018,
which bears the signature of the Information Systems Director, Director of
Finance and the City Attorney, and is approved for submission by the
Mayor, the Council does hereby authorize the Mayor and City Clerk to
enter into a five (5) year contract, commencing December 1, 2018 and
expiring November 30, 2023, with CivicRec, a division of CivicPlus, 302
TH
S. 4 Street, Suite 500, Manhattan, KS 66502, for cloud based recreation
management software and support, in an amount not to exceed
$65,250.00 for year one, $43,750.00 for year two, and for each of the
subsequent three years through November 30, 2023 not to exceed 1.25%
of the previous year’s annual program/ membership revenue booked
through the system; FURTHER, the Council does hereby reject the bid
submitted by Tyler Technologies because an evaluation team from the
Departments of Parks and Recreation and Information Systems
determined that CivicRec’s ability to integrate with the CivicPlus web-
service provided CivicRec with an insurmountable advantage over Tyler
Technologies; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $65,250.00 from funds in the
2018-2019 budget in Account No. 208-755-851-020 for this purpose; and
the Mayor and City Clerk are hereby authorized for and on behalf of the
City of Livonia to execute a contract with CivicPlus-CivicRec, approved as
to form and substance by the Department of Law, and to do all things
necessary or incidental to the full performance of this resolution.
#413-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 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) John Deere Turf
Utility Tractor, Model 2025R, from Bader & Sons, Inc., 20801 Pontiac
Trail, South Lyon, MI 48178, in an amount not to exceed $17,301.60, to
replace one comparable unit in the Public Service Division – Park
Maintenance which was purchased in 2009, the same to be expended
from funds already budgeted for this purpose in Account No: 401-000-
987-000 (Capital Outlay Budget); FURTHER, the Council does hereby
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Regular Meeting Minutes of December 3, 2018
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. 0-71B7700085, 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 tractor at public auction
hosted by the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new tractor.
#414-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 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) John Deere Model
1575 Lawnmower from Bader & Sons, Inc., 20801 Pontiac Trail, South
Lyon, MI 48178, at a cost of $31,179.05, with a side discharge mowing
deck at a cost of $3,215.30, snow plow blade at a cost of $1,540.50, 47”
snow blower at a cost of $3,652.96, and rotary broom at a cost of
$4,470.58, for a total amount not to exceed $44,058.39, to be assigned to
Park Maintenance and used at the Civic Center, the same to be expended
from funds already budgeted in Account No. 401-000-987-000 (Capital
Outlay Budget) 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. 0-71B7700085, 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.
#415-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 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 three (3) John Deere Turf
Vehicles, Model XUV 835M, from Bader & Sons, INC., 20801 Pontiac
Trail, South Lyon, MI 48178, at a cost of $21,621.10 per unit, for a total
cost of $64,863.30, with three (3) BOSS 6’6” V-Plows at a cost of
$4,270.00 per plow, for a total cost of $12,810.00, and three (3) Snowex
Model SD600 salt spreaders at a cost of $3,550.00 per spreader, for a
total cost of $10,650.00, for a grand total not to exceed $88,323.30, to
replace three (3) comparable units in the Public Service Division – Park
Maintenance purchased in 2012, the same to be expended from funds
already budgeted for this purpose in Account No: 401-000-987-000
(Capital Outlay Budget); 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. 0-71B7700085, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.4 of the Livonia Code of
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Ordinances, as amended; FURTHER, the Council does hereby authorize
the disposal of the replaced units at public auction hosted by the Michigan
Inter-governmental Trade Network (MITN) or commercial auction after
receipt of the new units.
#416-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 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 four (4) John Deere Turf
Vehicles, Model TH 6X4, from Bader & Sons, Inc., 20801 Pontiac Trail,
South Lyon, MI 48178, in the amount of $11,200.74 per unit, for a total
amount not to exceed $44,802.96, to replace four (4) comparable units in
the Public Service Division – Park Maintenance purchased in 2010, the
same to be expended from funds already budgeted for this purpose in
Account No: 401-000-987-000 (Capital Outlay Budget); 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. 0-71B7700085, 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 units at public auction
hosted by the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new units.
#417-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated November 5, 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 five (5) Toro Zero Turn
Mowers (ZTR)–5000, Model #74930, gas–powered mowers with Kohler
Engines and 60” turbo force mowing decks, in the amount of $9,839.52
per unit, for a total amount not to exceed $49,197.60, to replace five (5)
comparable units (Toro ZTR Z-500 Models) in the Public Service Division
– Park Maintenance purchased in 2010; utilizing the Sourcewell (formerly
NJPA) Bid Process, which was awarded to Commercial Lawnmower,
32098 Plymouth Road, Livonia, MI 48150; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $49,197.60
from funds already budgeted in Account No. 401-000-987-000 (Capital
Outlay Budget) for this purpose; FURTHER, the Council does hereby
determine to authorize this purchase without competitive bidding
inasmuch as the same is based upon the low Sourcewell bid price (under
Contract #062117-TTC), and no advantage to the City would result from
competitive bidding, 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 units at public auction hosted by the Michigan
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Regular Meeting Minutes of December 3, 2018
Inter-governmental Trade Network (MITN) or commercial auction after
receipt of the new units.
#418-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 7, 2018,
submitted pursuant to Council Resolution 130-18, adopted on April 9,
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 a transfer of budgeted funds in
an amount not to exceed $65,000.00 from Account No. 202-463-818-125
to Account No. 204-463-818-114 to assist in the offset cost for the
emergency patching on Newburgh Road in connection with the 2018
Concrete Road Program (Contract 18-C).
#419-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 7, 2018, which
bears the signatures of the Director of Finance and the City Attorney, is
approved by the Director of Public Works, and approved for submission
by the Mayor, to which is attached a proposed amendment to the
Engineering contract between the City of Livonia and OHM Advisors in
connection with the 2019 Asphalt Road Program, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute a contract amendment between the City of Livonia and OHM
Advisors, 34000 Plymouth Road, Livonia, Michigan 48150, to provide
design engineering services in connection with the 2019 Asphalt Road
Program in an amount not to exceed $146,200.00, said amount being
based on the preliminary cost estimates and subject to adjustment based
on the actual bids; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $146,200.00 from funds budgeted
in Account No. 204-441-818-102 (Road, Sidewalk and Tree Fund) 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.
#420-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 9, 2018, which bears
the signature of the Director of Public Works and is approved for
submission by the Mayor, to which is attached a communication from
Becky Lund, NHA, Vice President - Operations, Trinity Health Senior
Communities, dated September 17, 2018, wherein a request is submitted
for the City to vacate Water Main Easement 1A located within the
Marycrest Manor Development at 15475 Middlebelt Road, previously
recorded in Liber 51978, Page 226, Wayne County Records, the Council
does hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City Ordinance.
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Regular Meeting Minutes of December 3, 2018
#421-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 9, 2018, which bears
the signature of the Director of Public Works and is approved for
submission by the Mayor, to which is attached a communication from
Becky Lund, NHA, Vice President - Operations, Trinity Health Senior
Communities, dated September 17, 2018, wherein a request is submitted
for the City to vacate Water Main Easement 1B located within the
Marycrest Manor Development at 15475 Middlebelt Road, previously
recorded in Liber 51978, Page 230, Wayne County Records, the Council
does hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City Ordinance.
#422-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 9, 2018, which bears
the signature of the Director of Public Works and is approved for
submission by the Mayor, to which is attached a communication from
Becky Lund, NHA, Vice President - Operations, Trinity Health Senior
Communities, dated September 17, 2018, wherein a request is submitted
for the City to vacate Water Main Easement 2A located within the
Marycrest Manor Development at 15495 Middlebelt Road, previously
recorded in Liber 51978, Page 235, Wayne County Records, the Council
does hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City Ordinance.
#423-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 9, 2018, which bears
the signature of the Director of Public Works and is approved for
submission by the Mayor, to which is attached a communication from
Becky Lund, NHA, Vice President - Operations, Trinity Health Senior
Communities, dated September 17, 2018, wherein a request is submitted
for the City to vacate Water Main Easement 2B located within the
Marycrest Manor Development at 15495 Middlebelt Road, previously
recorded in Liber 51978, Page 239, Wayne County Records, the Council
does hereby refer this item to the City Planning Commission for action and
recommendation in accordance with provisions of law and City Ordinance.
#424-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 9, 2018, which
bears the signature of the Director of Public Works, and is approved for
submission by the Mayor, the Council does hereby authorize the release
to Washington Park Development, LLC, 42400 Grand River Avenue, Suite
112, Novi, Michigan 48375, the proprietor of Washington Park Site
Condominiums, located at the southwest corner of Hix and Ann Arbor
Roads (former Washington Elementary School site), in the Southwest ¼
of Section 31, the financial assurances previously deposited pursuant to
Council Resolution 436-16, adopted on November 14, 2016, specifically:
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a) General Improvement $60,557.00 (all cash)
b) Public Utility $ 5,000.00 (all cash)
c) Site Development $ 500.00 (all cash)
FURTHER, all other financial assurances now on deposit with the City, if
any, with respect to this subdivision shall remain the same and
unchanged; and the action herein being taken is for the reasons indicated
in the aforementioned report of the City Engineer that all these
improvements have been satisfactorily installed in accordance with the
rules and regulations and ordinances of the City of Livonia.
#425-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 16, 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 Menard, Inc., a Wisconsin Corporation, in conjunction with
the construction of a storm drainage system that provides adequate
drainage from property developed by others that includes 12651, 12661
and 12691 Middlebelt 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 Middlebelt Road, south of Schoolcraft Road, in the
N.E. ¼ of Section 26, for the development of Menards Outparcel
Storm Water Management, which accommodates storm water from
property developed by others that includes 12691, 12661 and
12651 Middlebelt Road. (See maintenance agreement from the
owner Menard, Inc., a Wisconsin Corporation, 5101 Menard Drive,
Eau Claire, Wisconsin 54703, attached to said report and
recommendation, indicating a corporate willingness to maintain the
system and reimburse the City for any maintenance the City
performs); and
2. To authorize the Mayor and City Clerk to execute the Storm Water
Facilities Maintenance Agreement on behalf of the City.
#426-18 RESOLVED, that having considered a communication from
the Department of Law, dated November 13, 2018, which bears the
signature of the Planning Director and is approved for submission by the
Mayor, to which is attached a proposed Haggerty Square Planned
General Development Agreement between the City of Livonia and
Haggerty Square, LLC, in connection with Petition 2018-01-02-02,
previously approved by City Council on May 21, 2018, pursuant to CR
196-18, requesting waiver use approval for a Planned General
Development consisting of a retail shopping center and multi-family
housing development under a single unified plan, at 19700 and 19750
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Haggerty Road, located on the east side of Haggerty Road between
Seven Mile Road and Eight Mile Road in the Southwest ¼ of Section 6,
the Council does hereby approve the aforesaid Haggerty Square Planned
General Development Agreement, and the Mayor and City Clerk are
hereby authorized to execute said Agreement, approved as to form and
substance by the Department of Law, for and on behalf of the City of
Livonia and to do all things necessary or incidental to the full performance
of this resolution.
#427-18 RESOLVED, that having considered a communication from
City Council President Laura M. Toy, dated October 11, 2018, to which is
attached a proposed schedule of Council Study and Regular Meetings for
the period January 1, 2019 through December 31, 2019, the Council does
hereby approve the following dates for City Council Meetings for 2019,
subject to change with notice:
Study Meetings Regular Meetings
JANUARY
Monday, January 7 (starting time 8 pm) Wednesday, January 16
Wednesday, January 16 Monday, January 28
FEBRUARY
Monday, January 28 Monday, February 11
Monday, February 11 Monday, February 25
MARCH
Monday, February 25 Monday, March 11
Monday, March 11 Monday, March 25
APRIL
Monday, March 25 Monday, April 8
Monday, April 8 Monday, April 22
MAY
Monday, April 22 Wednesday, May 8
Wednesday, May 8 Monday, May 20
JUNE
Monday, May 20 Monday, June 3
Monday, June 3 Monday, June 17
JULY
Monday, June 17 Monday, July 8
Monday, July 8 Monday, July 22
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AUGUST
Monday, July 22 Monday, August 12
Monday, August 12 Monday, August 26
SEPTEMBER
Monday, August 26 Monday, September 9
Monday, September 9 Monday, September 23
OCTOBER
Monday, September 23 Monday, October 7
Monday, October 7 Monday, October 21
NOVEMBER
Monday, October 21 Wednesday, November 6
Wednesday, November 6 Monday, November 18
DECEMBER
Monday, November 18 Monday, December 2
Monday, December 2 Monday, December 16
A roll call vote was taken on the foregoing resolutions with the following
results:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly, and Toy
NAYS: None
The President declared the resolutions adopted.
A communication from the City Engineer dated November 29, 2018, re:
Additional Information for Item #17, Regular Meeting of December 3, 2018,
correction to address for sidewalk waiver request to 9915 Wayne Road, was
received and filed for the information of the Council.
On a motion by Bahr, supported by Kritzman, it was:
#428-18 RESOLVED, that having considered a communication from
Michael Soave, President, Soave Homes, Inc., 12822 Stark Road,
Livonia, MI 48150, dated October 29, 2018, requesting a waiver of the
sidewalk requirement in front of the single-family home located at 9915
Wayne Road, in the N.W. ¼ of Section 33, and having further considered
the report and recommendation of the City Engineer, dated November 5,
2018, approved for submission by the Mayor, recommending sidewalk
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construction generally in order to promote connectivity, the Council does
hereby deny this request inasmuch as there are extensive existing
sidewalks on the west side of Wayne Road, including one that runs south
from Plymouth Road to 10855 Wayne Road, and a sidewalk that runs from
Parkdale Avenue to 10531 Wayne Road and north of the subject location
at 10256 and 10289 Wayne Road, as well as sidewalk coming north from
Ann Arbor Trail to the house across West Chicago from the subject
property, and granting this request would be detrimental to the best
interests of the City and its residents.
Brian Duggan, 14315 Denne, was in attendance at the meeting and presented
an aerial photo to Council reflecting the neighborhood of 9915 Wayne Road.
Kritzman stated that Council should have been provided that material prior to the
meeting. He stated that north of the property, maybe ten houses, there is then
a stretch leading all the way out to Plymouth Road that was sidewalks for quite
a discussion. Going south of this property just beyond the cropped photograph,
on the other side of West Chicago, there is another bit of sidewalk that goes
across Hines Drive all the way up to Joy and felt the argument made by the
Petitioner was disingenuous.
Bahr stated he is sympathetic for the Petitioner’s request but that this is Wayne
Road, a semi-major road in the City and one that really should have had
sidewalks in the beginning. He went on to say that this is a section that is
reasonably likely as is being done with this property that there is going to be
improvements to other nearby properties at some point in the future, at which
case he would hope that whatever Council is in place at that time would take a
similar action.
Duggan stated that the photo was cropped to fit on the paper, the size of it, it’s
not really cropped, you can see both subdivisions and there are sidewalks
beyond that, he agrees with that. He said sidewalks have been addressed over
and over again and there should probably be a Committee of the Whole meeting
to discuss sidewalks everywhere.
Meakin stated that he usually agrees to waive sidewalks in an area where they
are leading to nowhere but that this is one where there are infield potential along
Wayne Road and he agrees with his colleagues that there is potential to expand
the sidewalk and as busy as Wayne Road is, it should have sidewalks. The
houses on the other side of the street are probably fifty to seventy years old, so
hopefully in the future there will be opportunities on that side as well, but for the
coming future he thinks sidewalks should be put in on that side of the road.
McIntyre stated she has in the past supported sidewalk waivers of houses that
were old and it didn’t look like it was a good fit. But as the City looks more and
more to Bike/Walk Livonia and all of the conversations they’ve had, there’s a lot
of desire to continue to connect the north and the south parts of the City and she
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thinks this is an ideal place to start putting sidewalks in to be able to connect
Plymouth Road down to Ann Arbor Trail and for that reason she will support the
denying resolution.
Bahr asked through the Chair to Zilincik, if there is a Master Plan long range for
where the City wants sidewalks where they aren’t currently and Zilincik stated it
was not completed but they had the Bike/Walk Study in 2015 where they were
trying to get those connected corridors in place, Hubbard, Stark, and working
with MDOT on Five Mile. Zilincik stated they do have a committee in place and
the key with getting the Bike/Walk plan in place where MDOT can give the City
an opportunity to expand the bridge on Five Mile to have the Bike/Walk activity
across there.
President Toy asked Zilincik if these homes are new and he responded they are
two brand new homes, adjacent to each other just north of West Chicago on the
west side.
Following discussion by Council, a roll call vote was taken on the motion by Bahr,
supported by Kritzman, with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
On a motion by Bahr, seconded by Kritzman, and unanimously adopted,
it was:
#429-18 RESOLVED, that upon the motion by Councilmember Scott
Bahr, seconded by Councilmember Brandon Kritzman, at the Regular
Meeting held December 3, 2018, the Council does hereby refer the
subject matter of a Master Plan regarding City sidewalks to the Capital
Outlay and Infrastructure Committee for its report and recommendation
On a motion by Meakin, supported by McIntyre, it was:
#430-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 5, 2018, which transmits
its resolution #10-71-2018, adopted on October 30, 2018, with regard to
Petition 2018-09-03-01, submitted by Jeffery and Tracy Nolte, to
determine whether or not to vacate the existing ten (10) foot wide public
sidewalk that runs along the north side of Lot 94 of Arbor Estates
Subdivision located on the east side of Knolson Avenue between
Northfield Avenue and Ann Arbor Road (9386 Knolson), in the Southwest
¼ of Section 31, the Council does hereby concur in the recommendation
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of the City Planning Commission and does grant and approve the said
Petition 2018-09-03-01, conditioned on the Petitioner’s removal of the
subject concrete sidewalk and fence running alongside said sidewalk, and
the Department of Law is hereby requested to prepare the necessary
vacating ordinance in accordance with this resolution.
Meakin asked if there was any direction from the Law Department on the split
and Bernier responded that the one property to the south will take it all. The one
to the north will not take it because the property never belonged to them in the
first place. If Council vacates the property it’s all going to go to the homeowner
on the south end, the Noltes.
Meakin asked the reason for than and Bernier responded that normally when you
do a vacating petition, for instance if it was a road, the property has to be taken
from the same subdivision, it has to be taken from the entire people. The people
to the north, the Jones’, never had a claim to that property in the first place where
it was taken from, it all came from the other subdivision so it will stay with that
one.
Meakin wanted to confirm the conditions set forth and Bernier replied that it
doesn’t take effect until the sidewalk and fence are removed so if they don’t
remove it, it doesn’t happen.
Kritzman inquired about the Washington Square sidewalk that hasn’t been
installed and if there was any official action that needs to be taken if the vacating
request moves forward to amend that site plan.
Bernier said this vacating petition would have no effect on that, they’re two
different issues. If Council wanted to vacate that to the owners, they would have
to go through the process again of vacating it but this would have no effect on
that.
Kritzman then stated if they vacate this existing sidewalk, it certainly doesn’t
make sense to require the developers of the Washington Park property, and
Bernier stated that is a Council decision on whether or not to vacate. Kritzman
then asked what could be done to remedy that, and Bernier replied that the
homeowners could file a petition or they could like a lot of people do with a ravine
in their backyard, just treat it like it’s their property.
Kritzman then asked if there were outstanding bonds from the developer and
Zilincik responded that the developer may amend the site plan itself, there are
some utility easements and things they have to address, so that may get
corrected at that point in time. There is bonds that Council may ultimately refund,
$10,000 bond for that sidewalk until it gets sorted out.
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Regular Meeting Minutes of December 3, 2018
Following discussion by Council, a roll call vote was taken on the foregoing
motion by Meakin, supported by McIntyre, with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolution adopted.
A communication from the Department of Law, received in the Office of
the City Clerk on November 28, 2018, re: revised proposed amendment to
Sections 020, 030, 090, 110 and Repealing Section 120 of Title 9, Chapter 30
(Narcotics and Dangerous Substances) of the Code of Ordinances, was received
and placed on file for the information of the Council.
A communication from the Department of Law, received in the Office of
the City Clerk on November 30, 2018, re: revised proposed amendment to
Sections 020, 030, 090, 110 and Repealing Section 120 of Title 9, Chapter 30
(Narcotics and Dangerous Substances) of the Code of Ordinances, was received
and placed on file for the information of the Council.
Bahr gave First Reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 020, 030, 090, 110 AND
REPEALING SECTION 120 TO TITLE 9, CHAPTER 30 (NARCOTIC
AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
Bill Schmidt, 29688 McIntyre, Livonia, addressed Council with his concerns that
they are rushing to judgment on this matter, they have not thoroughly discussed
the issue.
President Toy passed the gavel at 8:14 p.m. to speak on the matter.
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Regular Meeting Minutes of December 3, 2018
Bahr invoked the Emergency Clause to allow for the Second Reading to
the foregoing Ordinance and following discussion by Council, a roll call vote
was taken to allow the Emergency Clause with the following result:
AYES: Kritzman, Bahr, White, Meakin, Toy and Jolly
NAYS: McIntyre
Bahr then gave Second Reading to the following Ordinance:
AN ORDINANCE AMENDING SECTIONS 020, 030, 090, 110 AND
REPEALING SECTION 120 TO TITLE 9, CHAPTER 30 (NARCOTIC
AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Toy and Jolly
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Kritzman, seconded by Toy, it was:
#431-18 RESOLVED, that upon the motion by Councilmember
Brandon Kritzman, seconded by Council President Laura Toy, at the
Regular Meeting held December 3, 2018, the Council does hereby refer
the subject matter of proposed amendment to the Livonia Code of
Ordinances in order to delete language no longer relevant and replace it
with a clear statement that Livonia’s continued prohibition of marijuana
businesses complies with the newly initiated Act, the “Michigan Regulation
and Taxation of Marihuana Act” to the Committee of the Whole for
additional study, report and recommendation.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Toy and Jolly
NAYS: None
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Regular Meeting Minutes of December 3, 2018
The Vice President declared the resolution adopted.
President Toy resumed the gavel at 8:21 p.m.
On a motion by Meakin, supported by McIntyre, and unanimously
adopted, it was:
#432-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 4, 2018, which transmits its
resolution 10-65-2018, adopted on October 2, 2018, with regard to
Petition 2018-08-01-05, submitted by Leo Soave Building Inc., to rezone
the properties located on the west side of Farmington Road, between
Norfolk Avenue and Eight Mile Road (20209, 20219, 20225, 20235, and
20307 Farmington Road) in the Northeast ¼ of Section 4, from R-U-F
(Rural Urban Farm), to R-1 (One Family Residential), and the Council
having conducted a public hearing with regard to this matter on
Wednesday, November 14, 2018, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation.
On a motion by McIntyre, supported by Jolly, and unanimously adopted,
it was:
#433-18 RESOLVED, that having considered a communication from
the Livonia Brownfield Redevelopment Authority, dated October 12, 2018,
approved for submission by the Mayor, and which transmits its resolution
nos. 07-2018 and 08-2018, adopted on October 11, 2018, and the Council
having conducted a Public Hearing with regard to this matter on
November 14, 2018, the Council does hereby approve the Brownfield Plan
for the Haggerty Square property at 19700 and 19750 Haggerty Road,
together with exhibits and schedules thereto, in the manner and form
herein submitted, except that the maximum eligible activities to be
reimbursed to the developer shall not exceed $4,477,673.00, subject to
approval as to form and substance by the City’s Law Department.
On a motion by White, supported by Kritzman, and unanimously adopted,
it was:
#434-18 RESOLVED, that having considered a communication from
the Livonia Brownfield Redevelopment Authority, dated October 12, 2018,
approved for submission by the Mayor, and which transmits its resolution
nos. 07-2018 and 08-2018, adopted on October 11, 2018, and the Council
having conducted a Public Hearing with regard to this matter on
November 14, 2018, the Council does hereby approve the development
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Regular Meeting Minutes of December 3, 2018
and reimbursement agreement between the City of Livonia the Brownfield
Redevelopment Authority, and Haggerty Square, LLC, providing for
reimbursement of eligible costs pursuant to the Brownfield Plan for the
Haggerty Square property at 19700 and 19750 Haggerty Road in the
manner and form herein submitted, except that the maximum eligible
activities to be reimbursed to the developer shall not exceed
$4,477,673.00; and the Mayor and City Clerk are hereby authorized, for
and on behalf of the City of Livonia, to execute such Reimbursement
Agreement, subject to approval as to form and substance by the City’s
Law Department, and with a ninety (90) day period for the land owner to
execute the Agreement.
During Audience Communication the following people spoke about the Planned
Parenthood on Farmington Road:
Jan Moening, 16220 Quakertown Lane, Livonia
Jennifer Nelson
Mary Mciver, 9800 Eckles, Livonia
Lynn Mills, 38415 Plymouth Road, Livonia
During Audience Communication, Laura Zain, Tailwaggers, spoke to announce
they will be rolling out a financial assistance campaign to aid residents with pet
vaccinations in 2019 and was looking for support from the community and local
businesses to help in this endeavor.
Rob Donovic, Arts Commissioner, 9881 Garvett, came to the podium and stated
that the Arts Commission would like to invite the community to a reception event
th
being held at the library on December 11 at 7:00 p.m.
On a motion by Jolly, supported by Meakin, and unanimously adopted,
this 1,862nd Regular Meeting of the Council of the City of Livonia was adjourned
at 8:47 p.m. on December 3, 2018.
_____________________
Susan M. Nash, City Clerk