HomeMy WebLinkAboutMINUTES-2017-04-24
40176
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND TWENTY-THIRD
REGULAR MEETING OF APRIL 24, 2017
On April 24, 2017 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 Jim Jolly led the
meeting in the Pledge.
Roll was called with the following result: Jim Jolly, Scott Bahr,
Brian Meakin, Brandon Kritzman and President Kathleen McIntyre. Absent:
Cathy White and Maureen Miller Brosnan.
Elected and appointed officials present: Mark Taormina, Director
or Economic Development and Planning; Todd Zilincik, City Engineer; Don
Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of
Legislative Affairs; and Mayor Dennis Wright.
On a motion by Jolly, supported by Kritzman, it was:
#138-17 RESOLVED, that the minutes of the 1822nd Regular
Meeting of Council held April 10, 2017 are approved as
submitted.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, Meakin, Kritzman and McIntyre
NAYS: None
PRESENT: Bahr
The President declared the resolution adopted.
th
Councilmember Jolly wished his daughter Claire a happy 4 birthday.
Councilmember Bahr extended birthday wishes on behalf of the Council to
Councilmember Jolly.
40177
President McIntyre congratulated the Livonia Warriors Robotics Team who
qualified for World Robotics Competition in St. Louis. The group is comprised of
members from all three Livonia high schools.
th
Anthony Mallia, Public Affairs Officer from the 9 Coasguard District, and
Commander Bob Bloom presented Karl Peters, Senior Center Program
Supervisor with a plaque of appreciation commemorating his support.
President McIntyre announced there will be a Public Hearing held in the
Auditorium of City Hall, 33000 Civic Center Road, on Wednesday, May 17, 2017
at 7:00 p.m. regarding:
Appeal of the Denial of the Planning Commission regarding Petition
2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram
Corporation, requesting waiver use approval to utilize an SDM
liquor license (sale of packaged beer and wine) in connection with the
operations of a convenience store (7-Eleven) and gas station (Mobil)
located on the southeast corner of Eight Mile and Middlebelt Roads
(29321 Eight Mile) in the Northwest ¼ of Section 1.
She then announced there will be X-item at the end of the Regular Agenda.
There was no Audience Communication at the beginning of the meeting.
Mayor Wright talked about the success of the tree planting ceremony that was
nd
held on April 22 and introduced Jim Baringhaus from the Greenleaf
Commission to talk about the events of the day who presented a slide show
highlighting the different species of trees that were planted.
A communication from the Department of Finance dated March 27, 2017,
re: forwarding various financial statements of the City of Livonia for the month
ending February 28, 2017, was received and placed on file for the information of
the Council.
On a motion by Bahr, supported by Jolly, it was:
#139-17 RESOLVED, that having considered an application from
Clayton Monte, 18768 Southampton, Livonia, MI 48152, dated March
27, 2017, requesting permission to barricade Clarita Street, between
Norwich Street and Southampton Street, on Saturday, July 15, 2017, from
12:00 p.m. to 9:00 p.m., for the purpose of holding a graduation party with
music, the Council does hereby grant permission to barricade Clarita
Street, between Norwich Street and Southampton Street, the action taken
herein being made subject to the approval of the Police Department.
40178
#140-17 RESOLVED, that having considered an application from Dr.
Brian Lyngaas, 18518 Farmington Road, Livonia, MI 48152, dated March
29, 2017, requesting permission to close the corner of Pickford and
Farmington Road to the end of the property at 18518 Farmington Road,
on Saturday, June 17, 2017, from 10:00 a.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
Saturday, July 8, 2017, in the event of inclement weather, the action taken
herein being made subject to the approval of the Police Department.
#141-17 RESOLVED, that having considered a communication from
Alan Maliszewski, St. Michael the Archangel Catholic Church, dated
March 24, 2017, which requests permission to waive Section 8.32.070
(Noise Control) of the Livonia Code of Ordinances, as amended, to allow
a car show with a DJ to be held in the parking lot at 11441 Hubbard Road
on Saturday, July 15, 2017, from 9:00 a.m. to 3:00 p.m., the Council does
hereby grant permission as requested.
#142-17 RESOLVED, that having considered a communication from
the Assistant City Engineer, dated April 4, 2017, approved for submission
by the Mayor, to which is attached a letter from Kim A. Kostich, Anchor
Homes, LLC, dated March 30, 2017, requesting a waiver of the sidewalk
requirement in front of the residence located at 17920 Lathers Street, in
the S.E. ¼ 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 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.
#143-17 RESOLVED, that having considered a communication from
the Assistant City Engineer, dated April 4, 2017, approved for submission
by the Mayor, to which is attached a letter from Kim A. Kostich, Anchor
Homes, LLC, dated March 30, 2017, requesting a waiver of the sidewalk
requirement in front of the residence located at 27860 Stanmoor Drive, in
the N.E. ¼ of Section 13, 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 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.
#144-17 RESOLVED, that having considered a communication from
the Assistant City Engineer, dated April 4, 2017, approved for submission
by the Mayor, to which is attached a letter from Kim A. Kostich, Anchor
Homes, LLC, dated March 30, 2017, requesting a waiver of the sidewalk
40179
requirement in front of the residence located at 27872 Stanmoor Drive, in
the N.E. ¼ of Section 13, 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 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.
#145-17 RESOLVED, that having considered a communication from
the Office of the Mayor, dated March 30, 2017, and in accordance with
the provisions of the Brownfield Redevelopment Financing Act, Act 381 of
Public Acts of the State of Michigan of 1996, as amended, the Council
does hereby approve of and concur in the appointment of Andrew
Lendrum, 19706 Osmus, Livonia, MI 48152, to the Livonia Brownfield
Redevelopment Authority to fill the unexpired term of Paul Condon that
will expire on November 24, 2019.
#146-17 RESOLVED, that having considered a communication from
the Office of the Mayor, dated March 24, 2017, wherein he has requested
approval of the reappointment of Greg Meyer, 11801 Farmington Road,
Livonia, MI 48150 to the Livonia Plymouth Road Development Authority
as a representative of the Business/Property Owners in the District and
serve for a four-year term expiring May 16, 2021, pursuant to Section
3.16.060 of the Livonia Code of Ordinances, as amended, and Act No.
197 of the Public Acts of Michigan of 1975, as amended, the Council does
hereby confirm and approve such reappointment.
#147-17 RESOLVED, that having considered the report and
recommendation of the Library Director, dated March 22, 2017, which
bears the signature of the Director of Finance, and is approved for
submission by the Mayor, requesting an additional appropriation and
expenditure from budgeted funds for asbestos abatement needed in
connection with the carpet installation at Carl Sandburg Library, the
Council does hereby authorize an additional appropriation and
expenditure in an amount not to exceed $15,000.00 payable to Library
Design Associates, 1149 South Main Street, Plymouth, MI 48170-2213 for
performing all work required in connection with the additional 6500 square
feet of asbestos abatement at the Carl Sandburg Library, on an
emergency basis because the need for this abatement was not anticipated
and not included in the original bid approved and adopted by City Council
on November 14, 2016, pursuant to Council Resolution No. 431-16;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $15,000.00 from Account No. 401-000-971-000 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.
40180
#148-17 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated March 21, 2017, 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 an
Intergovernmental Agreement between the County of Wayne and the City
of Livonia in connection with utilizing grant funds in the amount of
$107,323.00 to be used for improvements at Compton, Botsford and
Shelden Parks, the Council does hereby approve the proposed
Intergovernmental Agreement between the County of Wayne and
the City of Livonia and the Mayor and City Clerk are hereby authorized,
for and on behalf of the City of Livonia, to execute the Intergovernmental
Agreement in the manner and form herein submitted, subject to
approval as to form and substance by the Department of Law, and to do
all other things necessary or incidental to the full performance of this
resolution; FURTHER, the Council does hereby authorize an advance
expenditure in an amount not to exceed $107,323.00 from funds already
budgeted in Account No: 401-000-976-000 for this purpose, with the
provision that this fund be reimbursed at such time as the improvements
are completed.
#149-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 13, 2017, which bears the signature of the Director of Finance and
is approved for submission by the Mayor, and which sets forth Parks and
Recreation Commission resolution #3565-17, adopted on March 8, 2017,
wherein revisions in Membership Fees at the Jack E. Kirksey Recreation
Center are recommended, the Council does hereby concur in the
recommendation of the Parks and Recreation Commission as set forth in
its resolution #3565-17, adopted on March 8, 2017, and does hereby
approve membership fee increases for the Jack E. Kirksey Recreation
Center, effective December 1, 2017, to support offering additional
services and help cover operational costs.
#150-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 15, 2017, 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 Michael Andrews Concrete, LLC, 9561 Carson Highway,
Tecumseh, MI 49286 for completing all work required in connection with
the patio replacement outside George Murphy’s at Fox Creek Golf Course
for a total amount not to exceed $20,361.33, the same having been in fact
the lowest bid received which meets all specifications; FURTHER, the
Council does hereby authorize the expenditure of a sum not to exceed
$20,361.33 from funds already budgeted in Account No. 409-000-974-103
for this purpose.
#151-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 16, 2017, approved for
40181
submission by the Mayor, which transmits its resolution #03-15-2017,
adopted on March 14, 2017, with regard to Petition 2017-02-02-02,
submitted by Wade Shows, Inc., to conduct a carnival in the parking lot of
Sears, sponsored by the Rotary Club of Livonia, consisting of amusement
rides, games and food concessions from May 25, 2017 through June 4,
2017, inclusive, on property located on the northwest corner of Seven Mile
Road and Middlebelt Road (29500 Seven Mile Road) in the Southeast 1/4
of Section 2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2017-02-02-02 is
hereby approved and granted, subject to the following conditions:
1. That the carnival shall be limited to the dates as specified by Wade
Shows, Inc., which are May 25, 2017, through June 4, 2017,
inclusive;
2. That the proposed carnival operation shall be confined to the area
as illustrated on the aerial layout plan as received by the Planning
Commission on February 16, 2017;
3. That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least sixty feet (60’) distant from the Seven Mile and
Middlebelt Roads right-of-way lines;
4. That the temporary housing and storage of other trucks and
equipment associated with the carnival shall be parked or stored
within the extreme southwestern portion of the Sears parking lot,
but no closer than sixty feet (60’) from the Seven Mile Road right-
of-way line;
5. That the hours of operation shall be limited to the following: Monday
through Friday from 4:00 p.m. to 11:00 p.m.; and on the weekends,
Saturday and Sunday, from 12:00 p.m. to 11:00 p.m.; and
6. That access to fire hydrants is provided for the Fire Department.
A roll call vote was taken on the foregoing resolutions with the
following result:
AYES: Jolly, Bahr, Meakin, Kritzman and McIntyre
NAYS: None
The President declared the resolutions adopted.
40182
President McIntyre, as Chair of the Committee of the Whole, reported out
on the meeting of March 29, 2017.
A handout presented at the March 29, 2017 meeting of the
Committee of the Whole from the Marsh & McLennan Agency,
Wellness/Wellbeing, dated March 29, 2017, was received and placed on
file for the information of the Council.
The Health Advocate Proposal for the City of Livonia, March 2017,
was received and placed on file for the information of the Council.
This item is to remain in committee. (CR 90-17)
President McIntyre, as Chair of the Committee of the Whole, reported out
on the meeting of April 18, 2017.
The photos of cellular telephone poles presented at the Committee
of the Whole Meeting of April 18, 2017, was received and placed on file
for the information of the Council.
The site plans for Levan and Schoolcraft Roads from Mobilitie,
revised March 9, 2017, was received and placed on file for the information
of the Council.
The site plans for Newburgh and Joy Roads from Mobilitie, revised
March 9, 2017, was received and placed on file for the information of the
Council.
This item is to remain in committee. (CR 124-17)
On a motion by Kritzman, supported by Jolly, and unanimously
adopted, it was:
#152-17 RESOLVED, that the Council does hereby suspend
their rules for procedure as outlined in Council Resolution 574-82
40183
so as to permit consideration of items that do not appear on the
Agenda.
On a motion by Meakin, supported by Jolly, it was:
#153-17 RESOLVED, that having considered communications from
the Department of Law, dated April 13, 2017, approved for submission by
the Mayor, to which is attached a proposed Settlement Agreement, the
Council does, for and on behalf of the City of Livonia, authorize the
Department of Law to resolve the claim for damages caused by a sewer
backup on January 10, 2017, on property located at 38113 Lancaster, in
the amount of $35,000.00, and authorizes the Mayor and City Clerk to
execute the aforesaid agreement in the manner and form herein
submitted, and to do all other things necessary or incidental to the full
performance of this resolution.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, Bahr, Meakin, Kritzman and McIntyre
NAYS: None
The President declared the resolution adopted.
There was no Audience Communication at the end of the meeting.
Todd Zilincik, City Engineer, reminded everyone about the Household
Hazardous Waste and Electronic Waste Drop-Off Day being held on Friday, April
28, 2017 from 3:00 p.m. – 7:00 p.m. and Saturday, April 29, 2017 from 8:00 a.m.
to 1:00 p.m. at Ford Field.
On a motion by Meakin, supported by Bahr, and unanimously adopted,
this 1,823rd Regular Meeting of the Council of the City of Livonia was adjourned
at 7:25 p.m. on April 24, 2017.
_____________________
Susan M. Nash, City Clerk