HomeMy WebLinkAboutCOUNCIL MINUTES 2016-08-22 39911
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTH
REGULAR MEETING OF AUGUST 22, 2016
On August 22, 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. Vice President Kritzman led the
meeting in the Pledge.
Roll was called with the following result: Brandon Kritzman,
Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin and
Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M.
Nash, Clerk; Judy Priebe, Director of Legislative Affairs; Lynda Scheel,
Treasurer; Curtis Caid, Chief of Police; and Mayor Dennis Wright.
On a motion by Brosnan, supported by Jolly, and unanimously
adopted, it was-
#330-16 RESOLVED, that the Minutes of the 1,806th
Regular Meeting of the Council held August 8, 2016 are
hereby approved as submitted.
Councilmember Meakin wished his daughter Kelly Ann a happy 20th birthday.
Vice President Kritzman wished his daughter Anastasi a happy 13th birthday.
Councilmember Jolly spoke about the upcoming Fire Department's 75th
Anniversary and detailed the event. He congratulated the Fire Department on
this milestone and reminded the public this was an opportunity to recognize law
enforcement and the firefighters of the City proudly serving since 1941.
McIntyre wished her husband Brian a happy birthday and happy anniversary.
President McIntyre announced that there will be one X-Item at the end of the
Regular Agenda and New Data was received on Items 10, 11 and 12, with the
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Regular Meeting Minutes of August 22, 2016
New Data on Item 11 being a request to be removed from tonight's agenda to
the next regular meeting of Council.
President McIntyre also clarified an item from the August 8th Council Meeting
regarding drones.
John Badeen, President of the Livonia Jaycees, described two upcoming
fundraisers. The first being the "Beers for Backpacks" being held at One Under
on September 9th with the proceeds going to the "Blessings in Backpacks
Program." Then on September 18th a golf outing at Fox Hills benefitting the "Par
T for Leadership"with those proceeds going towards the scholarship program for
seniors moving on to college in the fall.
Chief Caid, along with Sergeant Warra, Officers Scott Morgan and Brandon
Grysko, thanked the public for their overwhelming support and help in passing
the millage, as well as our elected officials of the City. He named the many
community members who were instrumental in the campaign and spoke about
the importance of the millage.
The Chief then brought in some examples of the support the Police Department
had received after recent events in the country against law enforcement officers.
Chief Caid indicated that Ashton Wright and Piper Monte and family had made a
basket of ribbons and he had Councilmember Brosnan hold up the certificate that
they had made with a sample ribbon on it and in the middle of the ribbon was an
angel with the words "Since you protect us, here is an angel to protect you."
Chief Caid indicated that Addison and Easton Estes, along with Grandma Sheri,
had come into the police station with baked goods and candy and he asked
Councilmember White to read the letter that accompanied it.
Chief Caid then recognized the Geerson family who hosted a barbecue for the
Police Department. He indicated their grandson, Gus, brought bags out to the
individual cars of the officers as they came by at various times of the day and
had Councilmember Jolly read what the contents of the bags symbolized.
Preston Jones and his grandparents George and Nancy Mihalic came into the
station with a box and Chief Caid had Councilmember Meakin open the box
which held the money that Preston had raised by doing chores around the house
and Preston indicated he was donating it and he asked that it be used towards
buying protective equipment for the officers.
McIntyre thanked the Chief for demonstrating the outstanding support the
community provides to the Police Department.
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Regular Meeting Minutes of August 22, 2016
A communication from the Department of Finance, dated July 20, 2016,
re: forwarding various financial statements of the City of Livonia for the month
ending June 30, 2016, were received and placed on file for the information of
the Council.
On a motion by Brosnan, supported by White, it was-
#331-16 RESOLVED, that having considered a communication from
the City Engineer, dated July 11, 2016, approved for submission by the
Mayor, to which is attached a letter from Angelo Mauti, dated July 6, 2016,
requesting a waiver of the sidewalk requirement in front of the residence
located at 14994 Bainbridge Street, in the NW'/4 of Section 23, 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 four house gap between the
subject property and the nearest public sidewalk on the east side of
Bainbridge; 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.
#332-16 RESOLVED, that having considered a communication from
the City Engineer, dated July 21, 2016, approved for submission by the
Mayor, to which is attached a letter from Agnes Tluczek, dated July 19,
2016, requesting a waiver of the sidewalk requirement in front of the
residence located at 28611 Clarita Road, in the NE '/4 of Section 12, 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 lack of any 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.
#333-16 RESOLVED, that having considered a communication from
Justin Ellsworth, Old Rosedale Gardens Homeowners Association, dated
July 20, 2016, which requests permission to waive Section 8.32.070
(Noise Control) of the Livonia Code of Ordinances, as amended, for a
neighborhood movie night at Rudolph Kleinert Park, to conclude after
10:00 p.m., on Saturday, September 10, 2016, with a rain date of
Saturday, September 17, 2016, the Council does hereby grant and
approve this request in the manner and form herein submitted.
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Regular Meeting Minutes of August 22, 2016
A communication from the Director of the Livonia Housing Commission,
dated June 22, 2016, re: transmitting the LHC Audit Report for the Fiscal Year
Ending December 31, 2015, was received and placed on file for the information
of the Council.
#334-16 RESOLVED, that having considered a letter from the
Director of Housing, dated July 28, 2016, relating to the tax-foreclosed
properties located at 9061 Louise and 31715 Wyoming, the Council does
hereby authorize the exercise of the City's statutory right of first refusal
with respect to such properties, and payment to the county therefore in
the amount of the statutory minimum bid, being a total of $11,278.86,
utilizing City of Livonia funds to be reimbursed to the City from Community
Development Block Grant Funds; FURTHER, the Council does hereby
authorize an additional expenditure in the amount of $5,000.00 for
estimated closing costs, for a total cost of $16,278.86. The Mayor and
City Clerk are hereby authorized to execute documents on behalf of the
City of Livonia and to do all other things necessary or incidental to the full
performance of this resolution.
#335-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 18, 2016, approved for
submission by the Mayor, the Council does hereby authorize the release
to Leo Soave, Crosswinds Court Subdivision, Inc., 20592 Chestnut Circle,
Livonia, Michigan 48152, the proprietor of the Arbor Trail Estates Site
Condominiums, located on the south side of Ann Arbor Trail between
Newburgh Road and Dowling Avenue, in the southeast '/4 of Section 32,
of the financial assurances previously deposited with respect to the
General Improvement Bond, in the sum of $29,256.00, pursuant to
Council Resolution No. 149-16, adopted on April 4, 2016; FURTHER, all
other financial assurances now on deposit with the City, if any, with
respect to this condominium development 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.
#336-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 2016, which transmits its
resolution #07-82-2016, adopted on July 26, 2016, with regard to petition
2016-06-LS-18, submitted by the City of Livonia Housing Commission, to
determine whether or not to dispose of city-owned property located on the
west side of Auburndale Avenue between Five Mile Road and East Myrna
Avenue (15505 Auburndale Avenue) in the southeast 1/4 of Section 15,
the Council does hereby concur in the recommendation made by the City
Planning Commission and petition 2016-06-LS-18 is hereby approved and
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Regular Meeting Minutes of August 22, 2016
granted, subject to adopted policies and ordinances involving such
transactions.
#337-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 27, 2016, which transmits its
resolution #07-83-2016, adopted on July 26, 2016, with regard to Petition
2016-06-LS-19, submitted by the City of Livonia Housing Commission, to
determine whether or not to dispose of City-owned property located on
the west side of Floral Avenue between Lathers Drive and Curtis Avenue
(18071 Floral) in the Southeast 1/4 of Section 12, the Council does hereby
concur in the recommendation made by the City Planning Commission
and Petition 2016-06-LS-19 is hereby approved and granted, subject to
adopted policies and ordinances involving such transactions
#338-16 RESOLVED, that having considered a communication from
the Director of Public Works, dated August 2, 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 Etna Supply Company,
529 32nd Street S.E., Grand Rapids, Michigan 49548, for supplying the
Public Service Division (Water Maintenance Section) with two thousand
(2,000) water meter end points to allow the City to receive all the water
meter reads remotely, for a total cost not to exceed $260,000.00, the same
to be expended from funds in the Unexpended Fund Balance of the Water
and Sewer Fund; FURTHER, the Council does hereby determine to
authorize the said purchase without competitive bidding inasmuch as Etna
Supply Company is the sole supplier of Sensus Meters for the State of
Michigan 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.3 of the Livonia Code of Ordinances, as
amended.
A roll call vote was taken on the foregoing resolutions with the following
results:
AYES: Kritzman, Brosnan, Jolly, White, Bahr, Meakin
and McIntyre
NAYS: None
The President declared the resolutions adopted.
A communication from the Director of Community Resources, dated
August 15, 2016, re: the request for approval of an agreement for professional
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Regular Meeting Minutes of August 22, 2016
consulting services, was received and placed on file for the information of the
Council.
On a motion by Meakin, supported by Bahr, and unanimously adopted, it
was:
#339-16 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources, dated August
1, 2016, 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 bid of Pros Consulting, LLC,
201 South Capitol Avenue, Suite 505, Indianapolis, IN 46225, for
providing staff customer service training in the Livonia Community Transit
and Senior Services Departments in the amount of $21,000.00, which
amount includes travel and materials; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $21,000.00
from funds already budgeted in Account No. 218-889-882-010
(Promotional Programs) 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, approved as to form and substance by the Law Department,
with the aforesaid company and to do all other things necessary or
incidental to the full performance of this resolution.
An email communication from Nasser Choucair, received in the Office of
the City Council, dated August 19, 2016, re: request to remove Petition 2016-
06-02-12 from the August 22, 2016 agenda and move it to the next Regular
Meeting of Council, was received and placed on file for the information of the
Council.
At the request of the Chair, Item Number 11 was removed from the Agenda and
moved to the next Regular Meeting of Council.
A communication from the Department of Law, dated August 11, 2016, re.
Petition 2016-07-02-15, was received and placed on file for the information of the
Council.
Councilmember Jolly stepped down from the podium to avoid any perceived
conflict of interest at 7:25 p.m.
On a motion by Meakin, supported by Brosnan, it was:
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Regular Meeting Minutes of August 22, 2016
#340-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 29, 2016, approved for
submission by the Mayor, which transmits its resolution #07-81-2016,
adopted on July 26, 2016, with regard to Petition 2016-07-02-15,
submitted by Smoky's Cigar Bar & Lounge, requesting waiver use
approval to utilize a Class C liquor license (sale of beer, wine and spirits
for consumption on the premises) in connection with the operation of a
cigar bar, within the Northbrook Plaza shopping center located on the
north side of Six Mile Road between Fitzgerald Avenue and Newburgh
Road (37298 Six Mile Road) in the Southwest 1/4 of Section 8, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2016-07-02-15 is hereby approved and granted,
subject to the following conditions:
1. That the use of a Class C liquor license at this location shall be
permitted only under the circumstances that the standard set forth
in Section 11.03(h)(1)of the Zoning Ordinance, which specifies any
new Class C-licensed establishment not be located within 1,000
feet of any other such licensed business, is waived by the City
Council;
2. That the number of customer seats shall be limited to 22; and
3. That the proposed Class C licensed establishment be utilized
primarily as a cigar bar/lounge.
David Karoub, 17395 Woodside, provided Council with a handout and spoke on
the subject.
Greg Mallory, representing Mario Tartaglia, owner of the center, was present to
provide Council with information and answer any questions presented.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Kritzman, Brosnan, Meakin and McIntyre
NAYS: White, Bahr
The President declared the resolution adopted.
Councilmembers Bahr and White explained the rationale behind their no votes.
On a motion by Brosnan, supported by Kritzman, it was:
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Regular Meeting Minutes of August 22, 2016
#341-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 29, 2016, approved for
submission by the Mayor, which transmits its resolution #07-81-2016,
adopted on July 26, 2016, with regard to Petition 2016-07-02-15,
submitted by Smoky's Cigar Bar & Lounge, requesting waiver use
approval to utilize a Class C liquor license (sale of beer, wine and spirits
for consumption on the premises) in connection with the operation of a
cigar bar, within the Northbrook Plaza shopping center located on the
north side of Six Mile Road between Fitzgerald Avenue and Newburgh
Road (37298 Six Mile Road) in the Southwest 1/4 of Section 8, the Council
does hereby waive the 1,000 foot separation requirement as set forth in
Section 11.03(h)(1) of Zoning Ordinance 543, as amended, in connection
with the approval of waiver use Petition 2016-07-02-15.
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Kritzman, Brosnan, Bahr, Meakin and McIntyre
NAYS: White
The President declared the resolution adopted.
Jolly returned to the podium at 7:38 p.m.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, it was-
#342-16 RESOLVED, that having considered a communication from
the Director of Finance, dated June 7, 2016, approved for submission by
the Mayor, the Council does hereby determine to conduct a public hearing
on Wednesday, October 5, 2016, 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, 2017; 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 Brosnan, supported by Kritzman, and unanimously
adopted, it was-
#343-16 RESOLVED, that having considered a communication from
the Director of Finance, dated June 7, 2016, approved for submission by
the Mayor, the Council does hereby refer the subject of the annual budget
for the fiscal year ending on November 30, 2017, to the Finance, Budget
and Technology Committee for its report and recommendation.
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Regular Meeting Minutes of August 22, 2016
On a motion by White, supported by Jolly, it was-
#344-16 RESOLVED, that having considered a communication from
the Department of Law, dated August 3, 2016, approved for submission
by the Mayor, the Council does hereby, by a two-thirds roll call vote in
accordance with Section 7(1) of the Open Meetings Act, direct that a
Closed Committee of the Whole Meeting be held for the purpose of
discussing litigation matters and attorney/client privileged
communications in connection with pending litigation, Holeton v City of
Livonia, et al.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Kritzman, Brosnan, Jolly, White, Bahr, Meakin and
McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, it was-
#345-16 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.
Vice President Kritzman stepped down to avoid any perceived conflict of interest
at 7:44 p.m.
On a motion by Brosnan, supported by Jolly, and unanimously adopted, it
was:
#346-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 16, 2016, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and the Housing Department Director, and approved for
submission by the Mayor, regarding a request to authorize an additional
appropriation and expenditure for additional expenses incurred for the
2016 Asphalt Road Program (Contract 16-A), previously authorized in
Council Resolution No. 120-16, adopted on March 21, 2016, and Council
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Regular Meeting Minutes of August 22, 2016
Resolution No. 325-15, adopted on October 19, 2015, the Council does
hereby approve a change order to Contract 16-A with Nagle Paving
Company, 36780 Amrhein, Livonia, Michigan 48150, in a final not-to-
exceed contract amount of $1,670,571.65; FURTHER, the Council does
hereby authorize the transfer of $125,000.00 from funds budgeted in
Account No. 294-834-938-000 (Newburgh Village Fund — Ground
Maintenance)for the work completed at Newburgh Village to Account No.-
204-463-818-112 (Rehabilitation), increasing Contract 16-A from
$1,500,991.65 to $1,625,991.65; FURTHER, the Council does hereby
reduce in the amount of$8,500.00 the sum authorized per CR 325-15 for
Construction Engineering to OHM Advisers, 34000 Plymouth Road,
Livonia, Michigan 48150-1512, from $187,500.00 to $179,000.00 from
Account No. 204-441-818-102 (Consultant) to Contract 16-A to be placed
in Account No. 204-463-818-112 (Rehabilitation); FURTHER, the Council
does hereby transfer $15,000.00 from Account No. 101-441-818-005
(Construction Serv-Contingencies) to Contract 16-A to be placed in
Account No. 204-463-818-112 (Rehabilitation), which increases Contract
16-A from $1,625,991.65 to $1,649,491.65; FURTHER, the Council does
hereby reduce in the amount of $21,080.00 the sum authorized per CR
325-15 for Construction Engineering to OHM Advisers, 34000 Plymouth
Road, Livonia, Michigan 48150-1512 from $179,000.00 to $157,920.00
from Account No. 204-441-818-102 (Consultant) to Nagle Paving
Company, 36780 Amrhein, Livonia, MI 48150 into Account No. 204-463-
818-112 (Rehabilitation) for 31 unused inspector days, which increases
Contract 16-A in the amount of$1,649,491.65 to $1,670,571.65.
Vice President Kritzman returned to the podium at 7:47 p.m.
There was no Audience Communication at the end of the meeting.
On a motion by Bahr, supported by Jolly, and unanimously
adopted, this 1,807th Regular Meeting of the Council of the City of Livonia
was adjourned at 7:47 p.m. on August 22, 2016.
Susan M. Nash
City Clerk