HomeMy WebLinkAbout2020-08-17 REV. 8-28-20
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MINUTES OF THE ONE THOUSAND NINE HUNDRED THIRD
REGULAR MEETING OF AUGUST 17, 2020
On August 17, 2020, the above meeting was called to order via remote
Zoom technology by President Kathleen McIntyre at 7:00 p.m. Councilmember
Jim Jolly led the meeting in the Pledge of Allegiance.
Roll was called with the following result: Jim Jolly, Laura Toy, Scott Bahr,
Cathy White, Brandon McCullough, Rob Donovic, and President Kathleen
McIntyre. 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; Ted Davis, Superintendent of Parks and
Recreation; and Don Rohraff, Director of Public Works.
On a motion by Bahr, supported by Jolly, and unanimously
adopted, it was-
#237-20 RESOLVED that the minutes of the 1,902nd Regular
Meeting of Council held August 5, 2020 are approved as
presented.
Councilmember Toy wished a Happy Birthday to Joe Laura, a former
councilmember.
President McIntyre announced the passing of Gordon Draper, a longtime Livonia
resident who was very active in the community.
President McIntyre announced there will be one (1) Public Hearing being held
via Zoom remote technology on Monday, August 31, 2020, at 7:00 p.m. on the
following matter:
Chad A. Mead, Chief Administrative Officer, Mastronardi Produce USA, Inc., is
requesting approval of an Industrial Facilities Exemption Certificate for an
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expansion of at least 85,000 square feet of their refrigerated warehouse space
located at 28700 Plymouth Road, Livonia, MI 48150. (Industrial Development
Overlay District #107).
She then indicated there will be one (1) X-item at the end of the Regular Agenda
and that there is new data on Item 14 and the X-item.
President McIntyre wished Councilmember Brandon McCullough a Happy
Birthday which he will be celebrating Friday, August 28tH
Councilmember Cathy White, as Parliamentarian of Council, read the rules of
conduct for the meeting.
During Audience Communication several residents spoke about racism and
traffic stops.
A communication from the Department of Finance, dated July 27, 2020,
re: various financial statements of the City of Livonia for the month ending June
30, 2020, was received and placed on file for the information of the Council.
On a motion by Jolly, supported by White, it was-
#238-20 RESOLVED, that having considered an application from
Deborah Lindlbauer, 15655 Sussex Street, Livonia, Michigan 48154,
dated July 7, 2020, requesting permission to close Sussex Street,
between Sherwood and Fitzgerald, on Saturday, September 12, 2020,
from 12:00 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 Sunday, September 13, 2020, in
the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
A communication from the Office of the City Clerk, dated July 20, 2020, to
which is attached a communication from Michael T. Slater, Treasurer, Plymouth
Road Development Authority, dated May 16, 2018, re: Tax Rate Request for
the Plymouth Road Development for the 2020 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 22, 2020, to
which is attached a communication from Tammy Bonifield, Livonia Board of
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Education Secretary, dated June 15, 2020, re: Tax Collection for Livonia Public
Schools for the 2020 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 22, 2020, to
which is attached a communication from David Bergeron, Assistant
Superintendent, Clarenceville School District, dated June 12, 2020, re. Tax
Collection for the Clarenceville School District for the 2020-2021 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 22, 2020, to
which is attached a communication from Dr. Glenn Cerny, Vice President and
Chief Financial Officer of Schoolcraft College, dated May 27, 2020, re. Tax
Collection for Schoolcraft College for the 2020-2021 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 22, 2020, to
which is attached a communication from Michelle Saunders, Executive Director
of Financial Services for Oakland Schools ISD, re: Tax Collection for Oakland
Schools ISD for the 2020-2021 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 22, 2020, to
which is attached a communication from Tamara Dust, Director of Finance and
Compliance, Wayne County Regional Education Service Agency (RESA), dated
June 17, 2020, re: Tax Collection for Wayne County Regional Education Service
Agency (RESA) for the 2020 School Year was received and placed on file for the
information of the Council.
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A communication from the Office of the City Clerk, dated July 22, 2020, to
which is attached a communication from Scott T. Vandemergel, MMAO(4),
Director of Assessment and Equalization, Charter County of Wayne, dated May
18, 2020, re: Tax Collection for the County of Wayne for the 2020 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 22, 2020, to
which is attached a communication from Rachael Eubanks, State Treasurer,
State of Michigan, Department of Treasury, dated April 1, 2020, re. Tax
Collection for State of Michigan, State Education Tax for the 2020 School Year,
was received and placed on file for the information of the Council.
#239-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 15, 2020, approved for
submission by the Mayor, which transmits its resolution #07-32-2020,
adopted on July 14, 2020, with regard to Petition 2020-06-02-05 submitted
by Vision Quest Consulting, Inc., to operate a physical therapy facility at
property located on the east side of Hubbard Avenue between Plymouth
Road and Capital Avenue (11878 Hubbard Avenue) in the Southeast 1/4 of
Section 2, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2020-06-02-05 is hereby
approved and granted, subject to the following conditions-
1.
onditions:1. That the site plan marked Sheet 1 dated April 15, 2020, as revised,
prepared by NF Engineers, is hereby approved, and shall be
adhered to.
2. That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies.
3. That the Tree Removal Plan (Sheet L1) and Landscape Plan
(Sheet L2), dated July 9, 2020, prepared by NF Engineers, are
hereby approved, and shall be adhered to.
4. That all disturbed lawn areas, including road rights-of-way, shall be
sodded in lieu of hydroseeding.
5. That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the building.
The enclosure gates shall be of solid panel steel construction or
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durable, long-lasting solid panel fiberglass. The trash dumpster
area shall always be maintained and when not in use closed.
6. 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
7. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council,
and unless a building permit is obtained, this approval shall be null
and void at the expiration of said period.
#240-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 15, 2020, which transmits its
resolution #07-33-2020, adopted on July 14, 2020, with regard to Petition
2020-06-08-04 submitted by Bad Brads BBQ, to expand the food service
operation of the restaurant (formerly G. Subu's Leather Bottle) to include
an outdoor dining patio and exterior facade renovations for property
located on the east side of Farmington Road between Pembroke Avenue
and Eight Mile Road (20300 Farmington Road) in the Northwest '/4 of
Section 3, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2020-06-08-04 is hereby approved and
granted, subject to the following conditions-
1.
onditions:1. That the Site Plan marked C 1.0 dated June 12, 2020, prepared by
J & R Engineering P.E., Inc., is hereby approved and shall be
adhered to.
2. That the number of customer seats shall not exceed the parking
capacity of the site. The current plans show a total of 175 seats,
including 131 interior seats and 44 outdoor patio seats.
3. That the Landscape Plan marked L 1.0 dated June 12, 2020
prepared by J & R Engineering P.E., Inc., is hereby approved and
shall be adhered to.
4. That all disturbed lawn areas, including road rights-of-way, shall be
sodded in lieu of hydroseeding.
5. That any outdoor speakers and/or sound equipment, including
televisions, shall not be heard beyond the property lines of the
restaurant at any time the equipment is in use.
6. That any form of outdoor advertising or signage shall be prohibited
on any of the patio structures, including the fencing,
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canopy/pergola, seating and tables, without the prior written
approval by the City of Livonia Inspection Department.
7. That structural calculations for the metal shipping container
bordering the north end of the patio shall be submitted to and
approved by the City's Engineering Department and/or Inspection
Department.
8. That the Elevation Plan marked A 2.1 dated June 12, 2020,
prepared by J & R Engineering P.E., Inc., is hereby approved and
shall be adhered to.
9. That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material, and color to other exterior materials on the
building.
10. That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the building.
The enclosure gates shall be of solid panel steel construction or
durable, long-lasting solid panel fiberglass. The trash dumpster
area shall always be maintained and when not in use closed.
11. That all light fixtures shall not exceed twenty feet (20') in height and
shall be aimed and shielded so as to minimize stray light
trespassing across property lines and glaring into adjacent
roadways.
12. 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.
13. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention of passing
motorists, shall be prohibited.
14. That the design and content of the mural on the back of the
building, facing the main rear parking lot, shall be subject to the
final approval by City Council.
15. That no LED light band or exposed neon shall be permitted on this
site including, but not limited to, the building oraround the windows;
and
16. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
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of ONE YEAR ONLY from the date of approval by City Council,
and unless a building permit is obtained, this approval shall be null
and void at the expiration of said period.
#241-20 RESOLVED, that having considered a communication from
the Department of Law, dated July 21, 2020, in connection with a
proposed Fourth Amendment to Lease Agreement between the City of
Livonia and New Cingular Wireless PCS, LLC, a Delaware LLC, as
successor-in-interest to AT&T Wireless PCS, LLC, to which is attached a
completed Exhibit E setting forth construction drawings for the proposed
upgrade to be made pursuant to said lease, the Council does hereby
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute the proposed Fourth Amendment to Lease Agreement
between the City of Livonia and New Cingular Wireless PCS, LLC, as
Successor-in-Interest to AT&T Wireless PCS, LLC, subject to approval as
to form by the Department of Law, and the City Clerk is hereby requested
to do all things necessary or incidental to the full performance of this
resolution
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jolly, Toy, Bahr, White, McCullough, Donovic and McIntyre
NAYS: None
The President declared the resolutions adopted.
On a motion by Jolly, supported by White, it was-
#242-20 RESOLVED, that having considered a communication from
the City Engineer, dated July 23, 2020, approved for submission by the
Mayor, to which is attached a letter from Scott Morgan, Safety
Manager/Site Superintendent of Soave Homes, received by the Office of
the City Clerk on July 21, 2020, requesting a waiver of the sidewalk
requirement in front of the newly constructed home located at 19315
Inkster Road, in the SE '/4 of Section 1, the Council does hereby approve
this request inasmuch as omitting the sidewalk on the subject property
would have no detrimental effect upon the neighboring properties at this
time due to the absence of any other sidewalks in the neighborhood on
the west side of Inkster Road from Bridge to Vassar; FURTHER, the
Council does hereby reserve the right to require sidewalks at this location
in the event that additional sidewalks are installed in this area at some
future date.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, Toy, White, McCullough, Donovic and McIntyre
NAYS: Bahr
The President declared the resolution adopted.
A water bill statement regarding 20209 Purlingbrook, received from the
Department of Finance, dated August 11, 2020, re: payment in full of the
delinquent water bill balance, was received and placed on file for the information
of the Council.
On a motion by McCullough, supported by Toy, and unanimously adopted,
it was-
#243-20 RESOLVED, that having considered a communication from
the City Engineer, dated July 24, 2020, approved for submission by the
Mayor, to which is attached a letter from Kory Hoffmyer, dated July 14,
2020, requesting a waiver of the sidewalk requirement in front of the
single-family home to be constructed at 20209 Purlingbrook, in the NW 1/4
of Section 2, and a communication from the Director of Finance, dated
July 30, 2020, approved for submission by the Mayor, regarding a
delinquent water bill balance for the property located at 20209
Purlingbrook, the Council does hereby approve this request, contingent
upon payment in full of any delinquent water and/or tax bill balance(s),
inasmuch as omitting the sidewalk on the subject property would have no
detrimental effect upon the neighboring properties at this time due to
relative lack of other public sidewalks existing within the neighboring area;
FURTHER, the Council does hereby reserve the right to require sidewalks
at this location in the event that additional sidewalks are installed in this
area at some future date.
On a motion by Bahr, supported by White, and unanimously adopted, it
was:
#244-20 RESOLVED, that having considered a communication from
the Director of Finance, dated July 30, 2020, approved for submission by
the Mayor, the Council does hereby determine to conduct a Finance and
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Budget Committee meeting on Wednesday, September 23, 2020, at 7:00
p.m., in the 5t" floor gallery, and a public hearing on Wednesday, October
7, 2020, 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, 2021; and the City Clerk shall give adequate
public notice of said public hearing in accordance with provisions of law
and City Charter.
On a motion by Toy, supported by Jolly, and unanimously adopted,
it was-
#245-20 RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution 574-82
so as to permit consideration of items that do not appear on the
Agenda.
An email communication from Jacob Rushlow, Superintendent of Public
Service, dated August 17, 2020, re: additional information regarding the
emergency sewer repair, was received and placed on file for the information of
the Council.
On a motion by Toy, supported by McCullough, and unanimously adopted,
it was-
#246-20 RESOLVED, that having considered a communication from
the Director of Public Works, dated August 5, 2020, which bears the
signature of the Director of Finance and the Superintendent of Public
Service, and is approved for submission by the Mayor, regarding
additional appropriation and expenditure for the initial cost of an
emergency sewer repair and/or replacement along Edgewood Street, the
Council does hereby appropriate and authorize an initial expenditure in
the not-to-exceed amount of $500,000.00 to be divided and distributed
among the following contractors:
D'Angelo Brothers, 30750 Eight Mile Road, Farmington, MI 48336;
Sod Solutions, 14382 Sunbury, Livonia, MI 48154;
NTH Consultants, 41780 Six Mile Road, Northville, MI 48168; and
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Hubbell, Roth & Clark, Inc. (HRC), 555 Hulet Drive, Bloomfield Hills, MI
48302
in amounts to be determined in connection with their respective roles in
completing all work required in connection with the emergency sewer
repair and/or replacement along Edgewood Street, including tree
removals, dewatering wells, by-pass pumping, soil borings, geotechnical
analysis, engineering analysis and design and procurement of materials;
FURTHER, the amount of$500,000.00 thus appropriated is authorized to
be expended from the Unexpended Fund balance of the Water and Sewer
Fund (592) for this purpose; FURTHER, the Council does hereby
authorize such action without competitive bidding for the reasons
indicated in the aforesaid communication, and such action is taken in
accordance with Section 3.04.140D.1 of the Livonia Code of Ordinances,
as amended; and the Mayor and City Clerk are hereby authorized to
execute contracts for and on behalf of the City of Livonia with the aforesaid
companies and to do all other things necessary or incidental to the full
performance of this resolution.
On a motion by Bahr, supported by Toy, and unanimously adopted, it was-
#247-20 RESOLVED, that upon the motion by Council Vice President
Scott Bahr, seconded by Councilmember Laura Toy, at the Regular
Meeting held August 17, 2020, the Council does hereby refer the subject
matter of the emergency sewer repair and/or replacement along
Edgewood Street and future costs related thereto to the Capital Outlay
and Infrastructure Committee for its report and recommendation.
There was no Audience Communication at the end of the meeting.
On a motion by Toy, supported by Jolly, and unanimously adopted, this
1,903rd Regular Meeting of the Council of the City of Livonia was adjourned at
7:51 p.m. on August 17, 2020.
Susan M. Nash, City Clerk