HomeMy WebLinkAboutCOUNCIL MINUTES 2016-09-07 39921
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTH
REGULAR MEETING OF SEPTEMBER 7, 2016
On September 7, 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 Maureen Miller
Brosnan led the meeting in the Invocation.
Roll was called with the following result: Maureen Miller Brosnan,
Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and
Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director
of Planning; Todd Zilincik, City Engineer; Eric Goldstein, Assistant 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, and unanimously
adopted, it was-
#347-16 RESOLVED, that the Minutes of the 1,807th
Regular Meeting of the Council held August 22, 2016 are
hereby approved as submitted.
Councilmember Bahr stated that September 6th was a big day for his son Trey,
who turned six and started Kindergarten on the same day.
Councilmember Jolly sent birthday wishes to his wife Katie.
President McIntyre spoke about the sudden, unexpected death of Alex Bishop,
the City's Director of Inspection, and extended condolences to his wife Joan,
son Alexander, and the entire Bishop family.
She announced that the Livonia Symphony Orchestra will be starting their
2016-2017 Season on October 1St at Clarenceville High School.
She stated the historic Newburgh Cemetery Walk will be held on September
18th with tickets available at the Blue House at Greenmead.
Regular Meeting Minutes of September 7, 2016 39922
She also spoke about a recent article that named Livonia as being one of the
top ten happiest cities in the United States.
She indicated there is new data for Items 6, 7, 9 and 11.
During Audience Communication Belen Bajos, 32826 Oakley, spoke about cars
speeding through Bicentennial Park and suggested a stronger police presence
or the installation of speed bumps may help the situation.
Councilmember Meakin stated he would speak to Chief Caid about the issue
and have him call her.
Todd Zilincik, City Engineer, reminded Livonia residents that the Citizens
Advisory Committee will be meeting on Wednesday, September 14, 2016 at 7:00
p.m. at the Daniel R. Andrew Public Service Facility, 12973 Farmington Road, in
the west conference room, where residents can voice their concerns about the
condition of local roads in Livonia so that they may be considered for the 2017
Road Repair Program. For those that cannot attend, they can fax or write their
concerns to the Engineering Department.
On a motion by Kritzman, supported by Bahr, it was-
#348-16 RESOLVED, that having considered an application from
Andrew Sherwood, 9611 Woodring Street, dated August 5, 2016,
requesting permission to close Woodring Street between Orangelawn and
West Chicago on Saturday, September 10, 2016, from 1:00 p.m. to 10:00
p.m. for the purpose of conducting a block party, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
A communication from Christine Swish, dated August 19, 2016, re-
attaching bid information regarding Livonia City Hall Auditorium Control Room
Upgrades, was received and placed on file for the information of the Council.
#349-16 RESOLVED, that having considered a communication from
the Director of Community Resources, 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 authorize the purchase of video
equipment for the City Hall Auditorium Control Room Upgrade, as listed
in the attachment to the aforesaid communication, from Videotape
Products, Inc., 7100 Winding Trail, Brighton, Michigan 48116, in an
amount not to exceed $110,714.50, the same having been the lowest bid
received that meets all specifications; FURTHER, the Council does
hereby authorize an appropriation and expenditure in an amount not to
exceed $110,714.50 from the unexpended fund balance of the Cable
Regular Meeting Minutes of September 7, 2016 39923
Fund (297) for this purpose; and the bids of Broadcasters General Store
and Woodgate Sales, LLC are hereby rejected for the reason that items
included in the bid specifications were omitted from their bids.
#350-16 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated August 11, 20167
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, and a communication from the Fleet Manager,
dated July 1, 2016, the Council does hereby authorize the purchase of
one (1) 2016 Ford F150 Super Cab, 4X4 Pick-Up Truck with plow, safety
lighting, spray in bed liner and bi-fuel conversion from Signature Ford,
1960 E. Main Street, Owosso, Michigan 48867, for a total cost not to
exceed $29,242.00; and the outfitting of said vehicle by Cannon Truck
Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan
48315, at a cost not to exceed $10,591.31; and the bi-fuel conversion of
said vehicle by ICOM North America, LLC, 54790 Grand River Avenue,
New Hudson, Michigan 48165, at a cost not to exceed $7,350.00, for a
total amount not to exceed $47,183.31, as a replacement vehicle for the
Water Maintenance Section of the Department of Public Works, the same
to be expended from funds already budgeted for this purpose in the
Capital Outlay Budget—Water and Sewer, Account No: 592-000-142-000;
FURTHER, the Council does hereby determine to authorize the said
purchase without the City conducting competitive bidding inasmuch as the
same is based upon the low State of Michigan bid price under Contract
No. 071131300009 for the new vehicle purchase; and the low State of
Michigan MI-Deal bid price under Contract No. 071132200263 for the
outfitting of said vehicle and ICOM North America being the sole source
provider for Bi-Fuel conversion of said vehicle 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 and DA of the Livonia Code of Ordinances, as amended;
FURTHER, the Council does hereby authorize the disposal of the
replaced vehicles at public auction hosted by the Michigan Inter-
governmental Trade Network (MITN) or commercial auction after receipt
of the new vehicle.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and
McIntyre
NAYS: None
The President declared the resolutions adopted.
Regular Meeting Minutes of September 7, 2016 39924
Councilmember Bahr, as Chair of the Finance, Budget and Technology
Committee, reported out on the August 10, 2016 meeting.
Kritzman complimented Bahr on his chairing of a well-run meeting.
The 2016 Assessment Data booklet from the City Assessor, dated April
29, 2016, was received and placed on file for the information of the Council.
White gave first reading to the following Ordinance:
AN ORDINANCE ADDING SECTION 135 OF TITLE 3,
CHAPTER 04 (INSTALLMENT PURCHASE
CONTRACTS) OF THE LIVONIA CODE OF
ORDINANCES, AS AMENDED.
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.
Brosnan gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 21 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
SECTON 3. THERETO.
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.
Meakin stated that the second reading of this Ordinance would be held off until
a site plan is received.
Brosnan spoke about the importance of this exciting new project and thanked
Bob McCann for bringing it to the Livonia community.
Regular Meeting Minutes of September 7, 2016 39925
Kritzman expressed the need for the City to update its Master Plan.
Taormina spoke on the issue of the Master Plan update.
A correspondence from the Department of Law, dated August 16, 2016,
re: Proposed Amendment to Zoning Ordinance — Petition 2016-06-01-04, was
received and placed on file for the information of the Council.
A correspondence from Brian Duggan, dated September 6, 2016, re.
Petition 2016-06-01-04, was received and placed on file for the information of the
Council.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 24 OF THE
ZONING MAP OF THE CITY OF LIVONIA AND AMENDING
ARTICLE III OF ORDINANCE NO. 543, AS AMENDED,
KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING
ORDINANCE" BY ADDING SECTION 3. THERETO.
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.
Meakin invoked the Emergency Clause and gave second reading
to the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and
McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Brosnan spoke on this exciting new project, the importance of the repurposing
of this site to build new residential homes.
Regular Meeting Minutes of September 7, 2016 39926
Brian Duggan thanked the Council for expediting the process so that they can
begin the project.
White gave first reading to the following Ordinance:
AN ORDINANCE ADDING SUBSECTION (X) TO SECTION
11.03 OF ARTICLE XI OF ORDINANCE NO. 543, AS
AMENDED, KNOWN AND CITED AS "THE CITY OF
LIVONIA ZONING ORDINANCE."
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.
An email communication from Nasser Choucair, Project
Manager/Architect Designer, N.C. Designers & Contracting, Inc., dated August
19, 2016, re: requesting to postpone the meeting date from August 22nd to
September 7t" was received and placed on file for the information of the Council.
A communication from the City Treasurer, dated August 22, 2016,
confirming receipt of a check in the amount of$3,136.71 for the 2015
Delinquent Personal Property Taxes Due for the property located at 37921 Ann
Arbor Trail, was received and placed on file for the information of the Council.
A communication from the Water Department enclosing a copy of the
paid water bill for 37921 Ann Arbor Trail, was received and placed on file for the
information of the Council.
Responding to a question from Councilperson Brosnan, Treasurer Scheel
stated that all delinquent bills had been paid on the property.
On a motion by Brosnan, supported by Jolly, it was:
Regular Meeting Minutes of September 7, 2016 39927
#351-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 13, 2016, approved for
submission by the Mayor, which transmits its resolution #07-77-2016,
adopted on July 12, 2016, with regard to Petition 2016-06-02-12,
submitted by N.C. Designers & Contracting, Inc., requesting waiver use
approval to operate a limited service restaurant with drive-up window
facilities (Tim Hortons) within the gas station located on the southeast
corner of Ann Arbor Trail and Ann Arbor Road (37921 Ann Arbor Trail), in
the Northeast 1/4 of Section 31, the Council does hereby concur in the
recommendation made by the City Planning Commission and Petition
2016-06-02-12 is hereby approved and granted, subject to the following
conditions-
1.
onditions:1. That the maximum customer seating count for this restaurant shall
not exceed a total of six (6) interior seats;
2. That the maximum customer seating count may be expanded to a
total of ten (10) interior seats if the requirement for two (2) spaces
designated for drive-up window customers is waived by the City
Council by means of a separate resolution by which two-thirds of
the members of the City Council concur;
3. That the Site Plan marked Sheet SP-1 dated June 17, 20167
prepared by N.C. Designers & Contracting, Inc., is hereby
approved and shall be adhered to;
4. That all site landscaping shall be installed according to the
landscape plan approved in Council Resolution #128-15, with any
modifications subject to the approval of the Planning Director;
5. That the Elevation Plans marked Sheet A-2 and A-3 both dated
June 17, 2016, prepared by N.C. Designers & Contracting, Inc., are
hereby approved and shall be adhered to;
6. That all conditions imposed by Council Resolution #128-15 shall
remain in effect to the extent that they are not in conflict with the
foregoing conditions;
7. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for building permits; and
8. 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.
Regular Meeting Minutes of September 7, 2016 39928
Following discussion by Council a roll call vote was taken on the foregoing
resolution with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and
McIntyre
NAYS: None
The President declared the resolution adopted.
A communication from Keith Beals, Manager of Marx Collision and Mark
Salmo, owner of Marx Collision , dated August 15, 2016, re: to modify Council
Resolution No. 462-12, along with attachments, was received and placed on file
for the information of the Council.
An email communication from John Gauci, dated August 15, 2016, re.
opposing the request of Marx Collision to park cars on Milburn Street, was
received and placed on file for the information of the Council.
On a motion Bahr, supported by Jolly, it was:
RESOLVED, that having considered a
communication from the City Planning Commission, dated July 7, 2016,
approved for submission by the Mayor, which transmits its resolution #06-
65-2016, adopted on June 28, 2016, with regard to Petition 2016-06-02-
12, submitted by Marx Collision, requesting to modify Council Resolution
462-12 in connection with a previously approved waiver use adopted on
November 21, 2012, to allow the overnight outdoor parking and storage
of vehicles in connection with the auto repair business, located on the
southwest corner of Eight Mile Road and Milburn Avenue (30731 Eight
Mile Road), in the Northwest 1/4 of Section 2, the Council does hereby
reject the recommendation of the City Planning Commission and Council
Resolution 462-12 is hereby modified as follows-
1.
ollows:1. That condition#5 of Council Resolution#462-12 which reads, "That
there shall be no overnight outdoor parking or storage of vehicles
on the site" shall be removed and replaced with the following
conditions:
That there shall be no overnight parking or storage of
any junk, un-plated or damaged vehicles, or equipment
parked on the site; and
Regular Meeting Minutes of September 7, 2016 39929
Overnight parking shall be allowed only on the North
side of the parking lot which is adjacent to Eight Mile
Road. Proper signage shall be installed on the Milburn
side of the property indicating that there shall be no
overnight parking of vehicles on the portion of the
parking lot adjacent to Milburn nor any overnight parking
on Milburn Street by customers.
2. That all other conditions imposed by Council Resolution #462-12,
which granted approval of an auto repair business, shall remain in
effect to the extent that they are not in conflict with the foregoing
condition.
Following discussion by Council, on the motion made by Bahr, supported by
Jolly, a Friendly Amendment was made to the resolution-
#352-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 7, 2016, approved for
submission by the Mayor, which transmits its resolution #06-65-2016,
adopted on June 28, 2016, with regard to Petition 2012-09-02-22,
submitted by Marx Collision, requesting to modify Council Resolution 462-
12 in connection with a previously approved waiver use adopted on
November 21, 2012, to allow the overnight outdoor parking and storage
of vehicles in connection with the auto repair business, located on the
southwest corner of Eight Mile Road and Milburn Avenue (30731 Eight
Mile Road), in the Northwest 1/4 of Section 2, the Council does hereby
reject the recommendation of the City Planning Commission and Council
Resolution 462-12 is hereby modified as follows-
1.
ollows:1. That condition #5 of Council Resolution #462-12 which reads,
"That there shall be no overnight outdoor parking or storage of
vehicles on the site" shall be removed and replaced with the
following conditions:
That there shall be no overnight parking or storage of
any junk, un-plated or damaged vehicles, or equipment
parked on the site; and
Overnight parking shall be allowed only on the North
side of the parking lot which is adjacent to Eight Mile
Road. Proper signage shall be installed on the Milburn
side of the property indicating that there shall be no
overnight parking of vehicles on the portion of the
parking lot adjacent to Milburn nor any overnight parking
on Milburn Street by customers.
Regular Meeting Minutes of September 7, 2016 39930
Emergency temporary parking of vehicles by customers
not to exceed 24 hours will be allowed on Milburn
Street, that maximum period of time to be extended to
no more than 72 hours to allow for weekends and
holidays in which the business is closed.
2. That all other conditions imposed by Council Resolution
#462-12, which granted approval of an auto repair business,
shall remain in effect to the extent that they are not in conflict
with the foregoing condition.
with the following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman
and McIntyre
NAYS: None
The President declared the resolution adopted.
A communication from the Department of Law, dated September 1, 2016,
re: Administrative Response to illicit activity at Livonia Office Center, was
received and placed on file for the information of the Council.
An email communication from Gary Williams, dated July 20, 2016, re:
28200 Seven Mile, was received and placed on file for the information of the
Council.
A communication from Violet Sloan, dated August 2, 2016, re: the request
to locate a massage establishment at 28200 Seven Mile Road, was received and
placed on file for the information of the Council.
An email communication from Jonnita Cotton-Stanton, dated August 5,
2016, re: attaching information regarding her massage practice, Refuel Massage
Studio, located at 28200 Seven Mile Road, was received and placed on file for
the information of the Council.
Regular Meeting Minutes of September 7, 2016 39931
An email communication dated September 6, 2016, from Chand
Marwaha, owner of Livonia Office Center, re: requesting to postpone Petition
2016-06-02-11 on the September 7, 2016 meeting agenda, was received and
placed on file for the information of the Council.
On a motion by Jolly, supported by Brosnan, and unanimously adopted, it
was:
#353-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 13, 2016, approved for
submission by the Mayor, which transmits its resolution #07-76-2016,
adopted on July 12, 2016, with regard to Petition 2016-06-02-11,
submitted by Livonia Office Center, requesting waiver use approval to
operate a massage establishment (Refuel Massage) within the Livonia
Office Center located on the north side of Seven Mile Road between
Inkster and Middlebelt Roads (28200 Seven Mile Road), in the Southeast
1/4 of Section 1, the Council does hereby concur the recommendation of
the City Planning Commission and Petition 2016-06-02-11 is hereby
denied for the following reasons-
1.
easons:1. That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the special and general
waiver use standards and requirements as set forth in Section 9.03
and 19.06 of the Zoning Ordinance #543;
2. That the petitioner has not adequately established that there is a
need for the proposed use in this section of the City;
3. That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with the
surrounding uses in the area; and
4. That the proposed use is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
insure suitability and appropriateness of uses.
Gary Williams, 28112 Seven Mile, spoke on the above matter.
On a motion by Meakin, supported by Brosnan, and unanimously adopted,
it was-
#354-16 RESOLVED, that having considered an application from Jeff
Shingler, 28652 Grandon, dated August 16, 2016, requesting permission
Regular Meeting Minutes of September 7, 2016 39932
to close Grandon between Harrison and Brentwood, on Saturday,
September 17, 2016, from 3:00 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 18, 2016, in the event of inclement weather, the
action taken herein being made subject to the approval of the Police
Department.
On a motion by White, supported by Meakin, it was-
#355-16 RESOLVED, that having considered a communication from
the Department of Law, dated August 23, 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 the purchase of real property located at 13335 Farmington
Road in Livonia, Michigan.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and
McIntyre
NAYS: None
The President declared the resolution adopted.
Councilmember Jolly spoke about an issue that he would like to see addressed
and presented the following motion:
On a motion by Jolly, supported by Meakin, and unanimously adopted, it
was:
#356-16 RESOLVED, that the subject of exploring how to strengthen
the relationship between the City of Livonia, Schoolcraft College, and
Madonna University, be referred to the Public Safety, Education &
Recreation Committee for its report and recommendation.
There was no Audience Communication at the end of the meeting.
Regular Meeting Minutes of September 7, 2016 39933
On a motion by Jolly, supported by Kritzman, and unanimously
adopted, this 1,808th Regular Meeting of the Council of the City of Livonia
was adjourned at 7:57 p.m. on September 7, 2016.
Susan M. Nash
City Clerk