HomeMy WebLinkAboutCOUNCIL MINUTES 2016-08-08 39905
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTH
REGULAR MEETING OF AUGUST 8, 2016
On August 8, 2016 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Kathleen McIntyre at 7:00 p.m. Councilmember Meakin led the
meeting in the Invocation.
Roll was called with the following result: Brian Meakin, Brandon
Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr and
Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Scott Miller, Planner IV,
Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, Clerk;
Judy Priebe, Director of Legislative Affairs; Lynda Scheel, Treasurer; and Mayor
Dennis Wright.
On a motion by Brosnan, supported by Jolly, it was-
#310-16 RESOLVED, that the Minutes of the 1,805th
Regular Meeting of the Council held July 25, 2016 are
hereby approved as submitted.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Meakin, Kritzman, Brosnan, Jolly, White and
McIntyre
NAYS: None
PRESENT: Bahr
The President declared the resolution adopted.
Councilmember Meakin announced the two retirees that retired in July.
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Regular Meeting Minutes of August 8, 2016
Vice President Kritzman wished his oldest daughter Jackie happy birthday as
well as his wife and daughter Anna.
Councilmember White thanked the voters that came out to support the Public
Safety millage as well as the senior renewal and spoke highly of the citizens
that took the time to cast their ballot.
She then recognized the Livonia Police Department who were successful in
apprehending an individual who had been breaking into homes in the middle
of the night.
President McIntyre wished her son David good luck as he heads off to college.
She then announced that there will be a Public Hearing held on Monday,
September 12, 2016, in the Auditorium of the Livonia City Hall, 33000 Civic
Center Drive, at 7:00 p.m.:
Appeal of the denial of the Planning Commission regarding
Petition 2016-04-02-07 submitted by Laurel Park Retail Properties,
L.L.C., requesting waiver use approval to construct and operate a
freestanding full service restaurant with drive-up window facilities
(Panera Bread) within the parking lot of the Laurel Park Place
shopping center located on the north side of Six Mile Road between
Newburgh Road and 1-275/96 Expressway (37700 Six Mile Road),
in the Southeast '/4 of Section 7.
She also indicated there will be two X-items at the end of tonight's regular
agenda, and there was new data received on Items 5, 8 and X-1, and
more specifically that the new data received for X-1 was a request to
remove it from the agenda.
Mayor Wright talked about the Life Remodeled program that about 100
citizens attended as well as representatives from the Livonia Public
Schools and the Chamber of Commerce and City employees, where they
went down to the east side of Detroit to help clean up the neighborhood
surrounding Denby High School. He spoke about how grateful the
residents of that neighborhood were and thanked Councilperson Bahr for
bringing this opportunity to the City's attention.
During Audience Communication Patrick Crandell, candidate for Wayne
County Commissioner, introduced himself and stated his background and
qualifications and indicated he was looking forward to getting to know the
citizens of Livonia.
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Regular Meeting Minutes of August 8, 2016
On a motion by Brosnan, supported by Kritzman, it was-
#311-16 RESOLVED, that having considered an application from
Allen Kannapell, 18902 Loveland, dated July 13, 2016, requesting
permission to close Clarita Street between Mayfield and Loveland, on
Sunday, September 11, 2016, from 3:00 p.m. to 7:00 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 18, 2016, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
department.
#312-16 RESOLVED, that having considered an application from
Stephanie Myers, 39216 Orangelawn Street, dated July 6, 2016,
requesting permission to close Orangelawn Street between Adams Street
and Bassett Street, on Saturday, August 27, 2016, from 2:00 p.m. to 6:00
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, August 28, 2016, in the event of inclement
weather, the action taken herein being made subject to the approval of
the Police Department.
#313-16 WHEREAS, the City Council of the City of Livonia, Wayne
County, Michigan recognizes the role of The Senior Alliance as the state
designated Area Agency on Aging for southern and western Wayne
County to be responsible for planning, developing, coordinating,
monitoring, and managing a comprehensive organized service delivery
system of services for older adults and caregivers.
WHEREAS, the 34 communities of Southern and Western Wayne County,
including the City of Livonia, comprises the Planning and Service Area to
the agency's governing body.
WHEREAS, the communities of southern and western Wayne County,
including the City of Livonia, appoint members of The Senior Alliance's
Board of Directors through the Downriver Community Conference and the
Conference of Western Wayne.
WHEREAS, the Aging and Adult Services Agency (AASA) require local
Area Agencies on Aging to request approvals of their Multi-Year Plan from
their local governments.
WHEREAS, The Senior Alliance has submitted the plan to this honorable
body in accordance with federal and state laws.
WHEREAS, the City of Livonia has received and reviewed the 2017-2019
Multi-Year Plan (MYP) for the planning service area (PSA) 1-C.
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Regular Meeting Minutes of August 8, 2016
WHEREAS, The Senior Alliance has held three (3) public hearings and
collected public input surveys for client, caregiver, and service provider
population feedback which contributed to the development of the 2017-
2019 Multi-Year Plan (MYP).
NOW, THEREFORE, BE IT RESOLVED, that this honorable body
approves 2017-2019 Multi-Year Plan (MYP), as presented to the City.
APPROVED AND ADOPTED, by the City Council on August 8, 2016.
Motion-
Second-
Ayes-
Signed-
otion:Second:Ayes:Signed: Dated:
I attest that the foregoing is true and correct copy of a resolution
approved at the City Council Meeting held in the City of Livonia on
August 8, 2016.
#314-16 RESOLVED, that having considered a communication from
the Mayor, dated July 7, 2016, the Council does hereby approve of and
concur in the appointment of Kevin Priddy, 20105 Farmington Road,
Livonia, Michigan 48152, to the City Planning Commission, which term
will expire on June 9, 2019, provided that Mr. Priddy takes the oath of
office as required in Chapter X, Section 2 of the City Charter, to be
administered by the City Clerk.
A correspondence from Todd Zilincik, City Engineer, dated August 8,
2016, re: additional information for Item #5, Regular Meeting of August 8, 2016,
proposed lot split at 18264 Lathers Street, tax Item Nos. 46-045-03-0139-000
and 46-045-03-0141-000, was received and placed on file for the information of
the Council.
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Regular Meeting Minutes of August 8, 2016
#315-16 RESOLVED, that having considered a communication from
the City Assessor, dated July 13, 2016, and approved for submission by
the Mayor, with regard to a request from Benjamin Couch, 18264 Lathers,
and in accordance with the provisions of 1967 PA 288, as amended, as
well as Code of Ordinances Section 16.32.030 and Section 18.46 of
Ordinance No. 543, both as amended, the Council does hereby approve
of the proposed division and recombination of Tax Item Nos. 46-045-03-
0139-000 and 46-045-03-0141-000, located at 18264 and 18316 Lathers
Avenue, west of Inkster Road and South of Seven Mile Road, into two (2)
parcels, the legal descriptions of which shall read as follows:
Parcel "A"
The North 17 feet of Lot 140, and all of Lot 141-Dohany Subdivision, City
of Livonia, Wayne County, Michigan. As recorded in Liber 64, Page 95,
Wayne County, Michigan.
Parcel "B"
Lot 139 and the South 23 feet of Lot 140, Dohany Subdivision, City of
Livonia, Wayne County, Michigan. As recorded in Liber 64, Page 95,
Wayne County, Michigan.
as shown on the map attached to the aforesaid communication which is
made a part hereof by reference; FURTHER, in accordance with Section
16.32.030 of the Livonia Code of Ordinances, as amended, and Section
18.46 of Zoning Ordinance No. 543, as amended, the Council does
hereby waive the minimum lot width and area requirements set forth in
Zoning Ordinance No. 543, as amended, with respect to this property
division, contingent on a grant by the Zoning Board of Appeals of a
variance relating to the deficient north sideyard setback of the more
southerly of the proposed parcels, as well as the removal of any driveway
which encroaches on any newly drawn or configured lot; and the City Clerk
is hereby requested to cause a certified copy of this resolution to be
recorded in the Office of the Wayne County Register of Deeds.
#316-16 RESOLVED, that having considered a communication from
the Director of Community Resources, dated June 29, 2016, which bears
the signature of the Director of Finance and the City Attorney and is
approved for submission by the Mayor, to which is attached a proposed
Fiscal Year 2017 Municipal Credit Contract between SMART and the City
of Livonia for the period July 1, 2016 to June 30, 2017, the Council does
hereby authorize the Mayor and City Clerk to execute the Municipal Credit
Contract for and on behalf of the City of Livonia and to do all other things
necessary or incidental to the full performance of this resolution.
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Regular Meeting Minutes of August 8, 2016
#317-16 RESOLVED, that having considered a communication from
the Director of Public Works, dated July 7, 2016, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
the Council does hereby accept the bid of Equipment Distributors, Inc.,
51927 Filomena Drive, Shelby Township, Michigan 48315, for performing
all work required in connection with the safety upgrade/repair of three (3)
vehicle hoists in the DPW Equipment Maintenance Garage, for the total
amount not to exceed $41,266.81, the same having been the lowest bid
received and meets all specifications; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $41,266.81
from funds already budgeted in Account No. 401-000-987-000 (Capital
Projects Fund)for this purpose; and the Director of Public Works is hereby
authorized to approve minor adjustments in the work as it becomes
necessary.
A communication from Donald Rohraff, Director of Public Works, dated
July 27, 2016, re: request for additional information —custodial supplies bid, was
received and placed on file for the information of the Council.
#318-16 RESOLVED, that having considered a communication from
the Director of Public Works, dated July 8, 2016, which bears the signature
of the Director of Finance and is approved for submission by the Mayor,
and a communication from the Director of Public Works, dated July 27,
2016, setting forth an array of custodial supply items, together with the low
bidder for each such item, the Council does hereby accept the unit price
bids of Empire Equipment & Supply, 18639 Omira, Detroit, MI 48203;
Allied-Eagle Supply Co., 1801 Howard Street, Detroit, MI 48216; APAC
Paper, 4000 Enterprise Drive, Box 640, Allen Park, Michigan 48101;
Staples, 30812 Artesian Dr., Milford, MI 48381; Supply Den, 1837
Enterprise Dr., Rochester Hills, MI 48309; AV Equipment Supplies, 333
Fort St., Suite 1920-A, Detroit, MI 48226; Lower Huron, 5595 Treadwell,
Wayne, MI 48184; Pyramid School Products, 6510 N. 54th St., Tampa, FL
33610; Arnold Sales, 1218 Lincoln, Bay City, MI 48708; and E&R
Industrial Sales, 40800 Enterprise, Sterling Heights, MI 483147
respectively; for supplying the Public Service Division (Building
Maintenance Section) with the particular item(s) as to which the
communications referenced above have identified the particular supplier
as low bidder, for the period August 1, 2016 through July 31, 2018, for an
estimated annual amount of$27,988.17, the same having been in fact the
lowest bids received and meeting all specifications; FURTHER, the
Council does hereby authorize an annual expenditure in the estimated
amount of $27,988.17 from funds already budgeted in Account No. 101-
447-777-000 for this purpose.
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Regular Meeting Minutes of August 8, 2016
A Grading Plan marked Sheet CE2, dated July 20, 2016, as revised,
prepared by Hennessey Engineers, Inc., received in the Office of the City Clerk
on July 25, 2016, was received and placed on file for the information of the
Council.
#319-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 30, 2016, approved for
submission by the Mayor, which transmits its resolution #06-64-2016,
adopted on June 28, 2016, with regard to Petition 2016-05-02-10,
submitted by MN Express — MAC Yard, L.L.C., requesting waiver use
approval to expand the operation of a truck terminal located on the east
side of Merriman Road between the CSX Railroad right-of-way and
Schoolcraft Road (13586 Merriman Road) in the Northwest 1/4 of Section
26, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2016-05-02-10 is hereby
approved and granted, subject to the following conditions-
1.
onditions:1. That the Grading Plan marked Sheet CE2 dated July 20, 2016, as
revised, prepared by Hennessey Engineers, Inc., is hereby
approved and shall be adhered to;
2. That the outdoor storage of trucks and tractor trailers shall be
limited to the designated locations as shown on the above
referenced Grading Plan and shall be maintained in an orderly
manner;
3. That the maximum number of trucks and tractor trailers parked on
the site shall not exceed a total of seventy-seven (77);
4. That the parking areas for the truck terminal shall be hard surfaced
with crushed rock, gravel or other material as approved by the
Engineering Division prior to the issuance of the Certificate of
Occupancy by the Inspection Department;
5. That the parking areas for the truck terminal shall be maintained in
a dust free condition, and shall be properly graded and drained to
dispose of all surface water in a manner as approved by the
Engineering Division;
6. That there shall be no outdoor storage of vehicle parts, equipment,
scrap material, waste, petroleum products, junked, unlicensed or
inoperable vehicles or trailers, or other similar items in connection
with this operation;
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Regular Meeting Minutes of August 8, 2016
7. That this site shall meet either the City of Livonia or the Wayne
County Storm Water Management Ordinance, whichever applies,
and shall secure any required permits, including storm water
management permits, wetlands permits and soil erosion and
sedimentation control permits, from Wayne County, the City of
Livonia, and/or the State of Michigan Department of Natural
Resources and Environment (DNRE);
8. That prior to City Council approval, the Petitioner shall submit a
landscaping plan that includes plantings around the site and storm
water detention area;
9. That the plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time of application
for the Certificate of Occupancy.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Meakin, Kritzman, Brosnan, Jolly, White, Bahr and
McIntyre
NAYS: None
The President declared the resolutions adopted.
White, as Chairperson of the Legislative Affairs Committee, reported out on the
meeting of July 13, 2016.
A communication from the Department of Law, dated April 18, 2016, re.
Administrative Response to Council Resolution 258-15 addressing whether the
City has the authority to adopt any new ordinances regarding the use of drones,
model aircraft, or other unmanned aircrafts within the City of Livonia, was
received and placed on file for the information of the Council.
A copy of the "Decibel (Loudness) Comparison Chart" presented at to
the Council at the Legislative Affairs Committee Meeting held Wednesday, July
137 2016, re: environmental noise, was received and placed on file for the
information of the Council.
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Regular Meeting Minutes of August 8, 2016
A photo presented to the Council at the Legislative Affairs Committee
Meeting held o Wednesday, July 13, 2016, was received and placed on file for
the information of the Council.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#320-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated July 13,
2016, pursuant to Council Resolution Nos. 159-15 and 258-15, regarding
the subject of the proposed amendment to the Livonia Code of Ordinance,
re: Section 070.20 of Title 8, Chapter 32 (Noise Control), the Council
does hereby request a report and recommendation from the Parks and
Recreation Commission regarding the subject of appropriate rules in
connection with the flying of model airplanes/drones in City Parks.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#321-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated July 13,
2016, pursuant to Council Resolution Nos. 159-15 and 258-15, regarding
the subject of the proposed amendment to the Livonia Code of Ordinance,
re: Section 070.20 of Title 8, Chapter 32 (Noise Control), the Council does
hereby request that the Livonia Board of Education consider possible
ways to address the flying of model airplanes/drones on school property.
On a motion by White, supported by Meakin, and unanimously adopted, it
was:
#322-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated July 13,
2016, pursuant to Council Resolution 168-16, and a communication from
the City Planning Commission, dated February 25, 2016, which sets forth
its resolution 02-15-2016 adopted on February 23, 2016, with regard to
Petition 2016-01-06-01, submitted by the City Planning Commission,
pursuant to Section 23.01(b) of the Livonia Zoning Ordinance No. 543, as
amended, to determine whether or not to amend Section 11.03 of Article
XI, C-2 District Regulations of the Livonia Zoning Ordinance, to allow
indoor, climate-controlled self-storage facilities as a waiver use, and the
Council having conducted a public hearing with regard to this matter on
Monday, March 28, 2016, the Council does hereby approve Petition 2016-
01-06-01 for preparation of the ordinance for submission to Council; and
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Regular Meeting Minutes of August 8, 2016
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 White, supported by Jolly, and unanimously adopted, it
was:
#323-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated July 13,
2016, pursuantto Council Resolution 421-01, regarding possible alternate
methods of amending the City Charter, the Council does hereby
determine to take no further action with regard to this matter.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#324-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated July 13,
2016, pursuant to Council Resolution 69-04, regarding the subject matter
of the Legislative Consultants for report and recommendation, the Council
does hereby determine to take no further action with regard to this matter.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#325-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated July 13,
2016, pursuant to Council Resolution 342-05, regarding the proposed
repeal of Chapter 8.30 of the Livonia Code of Ordinances (Smoking Public
Places) due to the adoption of the Wayne County Clean Indoor Air
Regulation which became effective June 15, 2005, and requesting the
referral matter to the Civil Service Department for development of written
smoking policy and to the Public Service Division for review and
appropriate signage within City buildings in compliance with Section 1010
of the regulation, the Council does hereby determine to take no further
action with regard to this matter.
On a motion by White, supported by Jolly, and unanimously adopted, it
was:
#326-16 RESOLVED, that having considered the report and
recommendation of the Legislative Affairs Committee, dated July 13,
2016, pursuant to Council Resolution 340-06, regarding the subject matter
of cable television competition for its report and recommendation, the
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Regular Meeting Minutes of August 8, 2016
Council does hereby determine to take no further action with regard to this
matter.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS OF
STREET, ALLEY AND PUBLIC GROUND.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#327-16 RESOLVED, that having considered a communication from
the Planning Commission, re: Petition 2002-02-02-04 submitted by
Chinese Gospel Church, requesting to modify Council Resolution No.
224-02 in connection with a previously approved waiver use adopted on
April 24, 2002, the Council does hereby move this matter to the
Committee of the Whole for its report and recommendation.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, it was-
#328-16 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 Coline Coleman, dated August 3, 2016, re.
removing Item X1 from the agenda, was received and placed on file for the
information of the Council.
At the direction of the Chair, Item X1 was removed from the agenda.
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Regular Meeting Minutes of August 8, 2016
On a motion by White, supported by Brosnan, and unanimously adopted,
it was-
#329-16 RESOLVED, that having considered a communication from
the Department of Law, dated July 29, 2016, which bears the signature of
the Director of Community Resources and is approved for submission by
the Mayor, requesting to approve a Uniform Video Service Local
Franchise Agreement with AT&T to provide a 5% franchise fee, together
with the 1.58% PEG fee which supports City Channel 8, for a period of ten
(10) years, the Council does hereby authorize the Mayor and City Clerk to
execute the Video Service Local Franchise Agreement for and on behalf
of the City of Livonia and to do all other things necessary or incidental to
the full performance of this resolution.
There was no Audience Communication at the end of the meeting.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, this 1,806th Regular Meeting of the Council of the City of Livonia
was adjourned at 7:29 p.m. on August 8, 2016.
Susan M. Nash
City Clerk