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HomeMy WebLinkAboutMINUTES 2018-08-20 REV 9-12-18 40667 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FIFTY-FIFTH REGULAR MEETING OF AUGUST 20, 2018 On August 20, 2018 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Laura Toy at 7:00 p.m. Vice President Jim Jolly led the meeting in the Invocation. Roll was called with the following result: Jim Jolly, Brandon Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre, Brian Meakin and President Laura Toy. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Leo Neville, Assistant City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Lynda Scheel, Treasurer; Curtis Caid, Chief of Police, Brandi Isaacson, Department of Housing; and Mayor Dennis Wright. On a motion by Bahr, supported by Jolly, and unanimously adopted, it was: #296-18 RESOLVED, that the minutes of the 1,854th Regular Meeting of Council held August 8, 2018 are approved as presented. The President declared the resolution adopted. th Vice President Jolly wished a Happy 10 Anniversary to his wife Katie. McIntyre offered condolences to Kim Pelletier, long time member of the Mayor’s staff, who lost her mother last week. President Toy asked for continued prayers for Chaplain Joel’s daughter. Meakin asked for prayers for Tracey Kobylarz, Redford Township’s Supervisor, who was in a terrible car accident last week and remains hospitalized. 40668 Regular Meeting Minutes of August 20, 2018 President Toy stated there is New Data on Items 15, 16 and 21 and commented that new data should be received two business days in advance of the meeting so the Council can review it. There was no Audience Communication at the beginning of the meeting. A communication from the Department of Finance, dated July 20, 2018, re: forwarding various financial statements for the City of Livonia for the month ending June 30, 2018, was received and placed on file for the information of the Council. On a motion by Jolly, supported by Bahr, it was: #297-18 RESOLVED, that having considered a communication from Chris Hibner, SuperNatural Brewing & Spirits, received by the Office of the City Clerk on July 29, 2018, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to host an Oktoberfest event with live music in their parking lot located at 36685 Plymouth Road, Livonia, Michigan, scheduled for Friday and Saturday, September 21 and 22, 2018 from 5:00 p.m. to 12:00 a.m. and Sunday, September 23, 2018 from 12:00 p.m. to 8:00 p.m., the Council does hereby grant and approve this request in the manner and form herein submitted. #298-18 RESOLVED, that having considered a communication from the Mayor, dated July 30, 2018, wherein he has requested approval of the appointment of Mr. David Cash, 14429 Yale, Livonia, MI 48154 to the Local Officers Compensation Commission to fill the unexpired term of Leo D. Neville, which will expire on April 2, 2024, pursuant to Section 2.48.020 of the Livonia Code of Ordinances, as amended, and Act No. 279 of the Public Acts of Michigan of 1909, as amended, the Council does hereby confirm and approve such appointment, provided that Mr. Cash takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. A communication from the Office of the City Clerk, dated July 19, 2018, to which is attached a communication from Michael T. Slater, Treasurer, Plymouth Road Development Authority, dated May 16, 2018, re: Tax Rate Request for 40669 Regular Meeting Minutes of August 20, 2018 the Plymouth Road Development Authority for the 2018 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 19, 2018, to which is attached a communication from David Bergeron, Assistant Superintendent, Clarenceville School District, dated June 14, 2018, re: Tax Collection for the Clarenceville School District for the 2018 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 19, 2018, to which is attached a communication from Michelle Saunders, Executive Director of Financial Services for Oakland Schools ISD, dated May 21, 2018, re: Tax Collection for Oakland Schools ISD for the 2018 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 19, 2018, to which is attached a communication from Tamara Dust, Finance Manager of the Wayne County Regional Education Service Agency (RESA), dated June 20, 2018, re: Tax Collection for Wayne County Regional Educational Service Agency (RESA) for the 2018 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 23, 2018, to which is attached a communication from Scott T. Vandemergel, MMAO(4), Director, Division of Assessment and Equalization, Charter County of Wayne, dated June 7, 2018, re: Tax Collection for the County of Wayne for the 2018 Tax Rate, was received and placed on file for the information of the Council. 40670 Regular Meeting Minutes of August 20, 2018 A communication from the Office of the City Clerk, dated July 19, 2018, to which is attached a communication from N.A. Khouri, State Treasurer, State of Michigan Department of Treasury, dated April 1, 2018, re: Tax Collection for State of Michigan, State Education Tax for the 2018 School Year, was received and placed on file for the information of the Council. #299-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated July 20, 2018, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Brock & Associates, Inc., 48320 W. Nine Mile Road, Novi, Michigan 48374, for completing all work required in connection with the construction and site work for a pedestrian bridge at Helman Park for a total amount not to exceed $141,025.38, based upon the Engineering Division's estimate of units involved, and subject to a final payment based upon the actual units completed in accordance with the unit prices accepted herein, said cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $141,025.38 from the unexpended fund balance of the Roads, Sidewalks and Tree Fund (204) for this purpose, with $60,000.00 to be reimbursed from a donation from St. Mary Mercy, on behalf of Healthy Livonia; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. #300-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 27, 2018, which is approved by the Director of Public Works, approved as to form by the City Attorney and approved for submission by the Mayor, with regard to a request from Madonna University, a Michigan non-profit organization, that the City take jurisdiction and control of the entire on-site storm sewer collection system to be constructed by the owner of the property located at 14351 and 14363 Levan Road, Livonia, Michigan, the Council does hereby determine as follows: 1. To accept on behalf of the City of Livonia, the jurisdiction and maintenance of the storm sewer within the property located on the west side of Levan Road between Schoolcraft Road and Five Mile Road, in the S.W. ¼ of Section 20, for the development of the Madonna University Student Housing at 14351 and 14363 Levan Road. (See maintenance agreement from the owner Madonna 40671 Regular Meeting Minutes of August 20, 2018 University, a Michigan non-profit corporation, 36600 Schoolcraft Road, Livonia, Michigan 48150, attached to said report and recommendation, indicating their willingness to reimburse the City for any such maintenance that may become necessary); and 2. To authorize the Mayor and City Clerk to execute the Storm Water Facilities Maintenance Agreement on behalf of the City. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy NAYS: None The President declared the resolutions adopted. President Toy, as Chair of the Committee of the Whole, reported out on the meeting of July 30, 2018, re: CR #253-18. On a motion by Jolly, supported by McIntyre, and unanimously adopted, it was: #301-18 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated July 30, 2018, submitted pursuant to Council Resolution 253-18, adopted on July 9, 2018, and further having considered a communication from the City Engineer, dated May 17, 2018, which is approved by the Director of Public Works, reviewed as to form by the City Attorney, and approved for submission by the Mayor, requesting to rescind Council Resolution No. 169-13, adopted on June 3, 2013, which accepted the original storm water management agreement with the owner of Parz-Saville Row Site Condominiums, located on the north side of Joy Road, west of Wayne Road in the S.W. ¼ of Section 33, and to which is attached a proposed replacement agreement for the Parz-Saville Row Site Condominium storm water facilities, submitted by the Saville Row Homeowner’s Association, the Council does hereby deny same. Meakin clarified that Council was denying the rescinding of the resolution. White took from the table, for second reading and adoption, the following Ordinance: 40672 Regular Meeting Minutes of August 20, 2018 AN ORDINANCE ADDING SECTION 051, AND AMENDING SECTIONS 090, 100, 310, 345 AND 370 OF TITLE 12, CHAPTER 04 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE LIVONIA CODE OF ORDINANCES. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Meakin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 33 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. (Petition 2018-02-01-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. McIntyre took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 9.03(j) OF ARTICLE IX AND SECTION 10.03(d) OF ARTICLE X OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTION 3.___________ THERETO. (Petition 2018-04-06-01) A roll call vote was taken on the foregoing Ordinance with the following result: 40673 Regular Meeting Minutes of August 20, 2018 AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. A communication from Trey Brice, Jaffe, Raitt, Heuer & Weiss, dated August 17, 2018, re: Conditional Rezoning, 33850 Plymouth Road, was received and placed on file for the information of the Council. Bahr took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 28 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.(Petition 2017-10-01-07) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin, and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Meakin, supported by Kritzman, it was: RESOLVED, that having considered a communication from the City Planning Commission , dated July 2, 2018, approved for submission by the Mayor, which transmits its resolution #06-44-2018, adopted on June 26, 2018, with regard to Petition 2018-04-02-10, submitted by Feldman Automotive, Inc., to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore), at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast ¼ of Section 28, the Council does hereby direct that this item be placed on the agenda for the next regular meeting of September 5, 2018. 40674 Regular Meeting Minutes of August 20, 2018 Meakin stated the reason for his offering this resolution is that the additional information on this item was received in the afternoon and Council really didn’t have time to look over the documents that were submitted. He stated he didn’t notice that the documents showed that the trees requested were changed and asked Taormina through the Chair if what was submitted was sufficient enough to cover the back side so the cars are not visible. Taormina responded that the condition Meakin is referring to was imposed by the Planning Commission, so that is part of their resolution. He went on to state that part of the Conditional Rezoning Agreement is effectively an affirmation of all of the conditions as set forth in the Planning Commission resolution including some additional landscaping. He stated it was not the intent when that resolution was adopted to specifically address the issues as Meakin outlined them at the last study session. Meakin indicated he would keep the resolution he offered as is, because he feels that item should be addressed before they move any further. Kritzman asked Taormina through the Chair, that he recalled instigating some measure of discussion regarding the exterior materials on the building and asked if those were addressed at all. Taormina responded they have not received any new information or data relative to design changes affecting the building. He said it was his understanding that they would like to keep the plans as were presented. McIntyre stated she appreciated the intention of Meakin’s resolution, but wanted to explain why she will not be supporting it. She said the timeliness of the detailed data on the day of the Council meeting does not afford them the time they need to review and study the data and stated she would prefer it to be sent to the Committee of the Whole. Bahr asked for clarification of Meakin’s motion, asking if it was to postpone this item to the next meeting and President Toy responded in the affirmative. Kritzman stated he would like to hear from the Petitioner before any vote was taken to discuss the outstanding items and that it appears that the items that were brought up at the last meeting were not addressed. President Toy asked the Petitioner to come to the podium. Trey Brice, Jaffe, Raitt, Heuer & Weiss, P.C., 29777 Franklin Road, Southfield, attorney for the Petitioner, came to the podium. He apologized for the lateness of the new data, and stated it was due probably to a miscommunication between the City and himself, having discussed it on Friday, consequently drafting the letter, not knowing it would be a part of Item 15 on tonight’s agenda. 40675 Regular Meeting Minutes of August 20, 2018 He stated that Feldman, at this point, is presenting the plan that was presented before. Addressing the landscaping point, from the bird’s eye view it does have the concern about parking, but from street level the plan shows street landscaping, landscaping at the building and behind, and there is a lot of shielding at this point. The other point being this is the intention to be a car dealership, so that’s the item that’s being sold, so there is some intent to show the cars as well. So they believe with the mixture of the two, that it isn’t as drastic to the eye when you’re on the street level as may seem from the bird’s eye view, so he feels that was addressed but that there is some intent to have cars visible. He went on to say he appreciated Kritzman’s comments about the materials, again, with the way the landscaping is on some of the sides there will be some break up, it really is the west side elevation, the front is glass, there’s glass on the other side, it’s the one west wall that probably has the most solid view. So, on one hand there will be landscaping, and to change materials is expensive, there is a branding concern here of making the pre-owned dealerships have the similar branding, it meets everything presented in the site plan including both landscaping and material and design, meets every zoning requirement. He stated there are reasons to support to keep it the way it is. One, it is shielded enough that at every meeting they’ve had, the public has supported it, Planning Commission has passed it on with its recommendation and everything in the plan presented meets the Code as required. Bahr asked to clarify the branding issue, and asked what is it specifically about this building that is part of the Feldman branding. Brice responded it is the 1-800-PREOWNED, which has the new preowned wing and has the blue and the white and that’s the branding concept. Bahr commented that McDonald’s has its own branding but from one community to the next there are different materials on the buildings and he struggles to see how the material of the building in and of itself has to be a significant part of that branding, a lot of the branding can be maintained in spite of that. Meakin withdrew his motion. President Toy stated there is no motion on the floor. On a motion by McIntyre, supported by Kritzman, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated July 2, 2018, approved for submission by the Mayor, which transmits its resolution #06-44-2018, adopted on June 26, 2018, with regard to Petition 2018-04-02-10, submitted by Feldman Automotive, Inc., to construct and operate a used auto 40676 Regular Meeting Minutes of August 20, 2018 dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore), at 33850 Plymouth Road, located on the north side of Plymouth Road between Farmington and Stark Roads in the Southeast ¼ of Section 28, that Council does hereby refer this item to the Committee of the Whole for its report and recommendation. President Toy asked if there was discussion on Resolution A. McIntyre stated there was not enough time for her to digest the new data and to corroborate Bahr’s statement, there are many businesses that have national franchising, and they’re able to vary their materials from community to community to match the community’s branding, so she feels this merits discussion in the Committee of the Whole. Kritzman indicated that after Meakin withdrew his motion, he came very close to offering a denying resolution because he feels that strongly about the proposed materials and he feels he would have had the support for that this evening. He stated he does want to work with the businesses in the community and if there is an opportunity to move this project forward, he would like to do that, so he supports the idea of discussing this further in the Committee of the Whole looking for a positive resolution on all ends. President Toy suggested that the Petitioner keep Council’s comments in mind in moving forward. Taormina stated that in the previous item, Item 15, when Council approved the zoning, the Conditional Rezoning Agreement was not specified and that he feels that should either be confirmed at some point this evening and the reason for that is that Conditional Rezoning Agreement specifically relates to a previously approved site plan by the Planning Commission adherent to that plan, so he doesn’t want there to be a conflict between the Conditional Rezoning Agreement and any further action that may be taken relative to the waiver use approval and that that should be clarified. McIntyre asked Attorney Neville what the proper protocol would be and Neville responded that Item 15 should be rescinded as they go hand in hand. Following discussion by Council, a roll call vote was taken on the original motion by McIntyre, supported by Kritzman #302-18 RESOLVED, that having considered a communication from the City Planning Commission, dated July 2, 2018, approved for submission by the Mayor, which transmits its resolution #06-44-2018, adopted on June 26, 2018, with regard to Petition 2018-04-02-10, submitted by Feldman Automotive, Inc., to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore), at 33850 Plymouth Road, located on the north side of 40677 Regular Meeting Minutes of August 20, 2018 Plymouth Road between Farmington and Stark Roads in the Southeast ¼ of Section 28, that Council does hereby refer this item to the Committee of the Whole for its report and recommendation. with the following result: AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy NAYS: Meakin The President declared the resolution adopted. On a motion by Jolly, supported by McIntyre, and unanimously adopted, it was: #303-18 RESOLVED, that the second reading and roll call vote on the proposed amendment to Livonia Zoning Ordinance No. 543, as amended, re: Petition 2017-10-01-07, submitted by Feldman Automotive, Inc., be rescinded. On a motion by Jolly, supported by McIntyre, it was: #304-18 RESOLVED, that the proposed amendment to Livonia Zoning Ordinance No. 543, as amended, re: Petition 2017-10-01-07, the Council does hereby direct that this item be referred to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the above resolution with the following result: AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy NAYS: Meakin The President declared the resolution adopted. President Toy reminded the Petitioner that new data should be received at least two business days before the Item is heard at the Council meeting. On a motion by McIntyre, supported by White, and unanimously adopted, it was: #305-18 RESOLVED, that having considered an application from Amanda Duke, 17200 Louise, Livonia, MI 48152, dated July 24, 2018, requesting permission to close Louise Street, from 17200 Louise to Bobrich, on Saturday, September 22, 2018, from 3:00 p.m. to 8:00 p.m. 40678 Regular Meeting Minutes of August 20, 2018 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. On a motion by McIntyre, supported by White, and unanimously adopted, it was: #306-18 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated July 4, 2018, 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 quote of Dell, Inc., One Dell Way, Mail Stop 8129, Round Rock, TX 78682, for the purchase of two (2) Dell Poweredge R740 Servers, for a total amount not to exceed $29,980.14, to replace current servers which are out of warranty and at the end of their life expectancy, and replacement parts are limited or no longer available; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $29,980.14 from funds already budgeted in Account No. 101-306-987-000 (Capital Outlay – Other) for this purpose; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan Contract Pricing Bid under Contract No. 071B6600111 for the new purchase, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended. Chief Caid was present to answer questions of Council on the above item and in response to a question from Vice President Jolly, made a comment on the use of Evidence.com and its benefit. On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: #307-18 RESOLVED, that having considered a communication from the Director of the Livonia Housing Commission, dated July 25, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and which submits a bid received in connection with the sale of City-owned property purchased through tax foreclosure utilizing Federal Community Development Block Grant (CDBG) Program funds regarding the vacant parcel located at 19315 Inkster Road, the Council does hereby accept the bid and authorizes the sale of the aforesaid city-owned property to Soave Homes, 12822 Stark Road, Livonia, MI 48150, for a total purchase price of $1,100.00, having been the sole bid actually received, the actions herein being taken in order to best serve the interests of the community; FURTHER, the total proceeds 40679 Regular Meeting Minutes of August 20, 2018 of such sale shall be allocated to the Community Development Block Grant (CDBG) Program as program income; and the Mayor and City Clerk are hereby requested to execute a quit claim deed and such other documents as may be necessary or incidental to fulfill the purpose of this resolution; and the Department of Law is hereby requested to prepare and place in proper form such legal documents as may be necessary to consummate this transaction; and the City Clerk is hereby requested to have said quit claim deed recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. Brandi Isaacson, Department of Housing, was present to answer any questions of Council on the above item. Meakin stated that the benefit of the above item was to get this property back on the tax rolls. McIntyre confirmed that the sale of these kinds of properties are transparent as they are Federal funds which have specific guidelines for the sale. On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: #308-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 27, 2018, approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system to be constructed by the owner of the property located at 15475 Middlebelt Road, Livonia, Michigan, the Council does hereby determine as follows: 1. To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the west side of Middlebelt Road, north of Five Mile Road, for the development of Marycrest Manor Skilled Nursing and Assisted Living Addition Phase II – Demolition and Reconstruction of Facility at 15475 Middlebelt Road, located in the Southeast ¼ of Section 14. (See maintenance agreement from the owner Trinity Continuing Care Services, a Michigan non-profit corporation, 17410 College Parkway, Suite 200, Livonia, Michigan 48152, attached to said report and recommendation, indicating 40680 Regular Meeting Minutes of August 20, 2018 their willingness to reimburse the City for any such maintenance that may become necessary); 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction; and 3. To authorize the Mayor and the City Clerk to execute the maintenance agreement on behalf of the City. A rendering of a typical store-front elevation, received by the Office of the City Clerk on August 20, 2018, re: Petition 2018-06-08-06, was received and placed on file for the information of the Council. On a motion by McIntyre, supported by Jolly for discussion purposes only, an approving resolution was made. McIntyre indicated that new data received on the day of the meeting does not allow ample time for the Council to review. Kritzman commented that he had been in receipt of the new data last week and was under the impression that all Council members had received it. Steve Anton, Petitioner, was present to answer any questions of Council. Following discussion by Council, on a motion by Bahr, supported by Meakin, a motion was made to substitute the following resolution in lieu of the foregoing: RESOLVED, that having considered a communication from the City Planning Commission, dated July 23, 2018, which transmits its resolution #07-50-2018, adopted on July 17, 2018, with regard to Petition 2018-06-08-06, submitted by Steve Anton, to remodel the exterior of the commercial strip center (LA Plaza), located on the south side of Plymouth Road between Yale Avenue and Levan Road (36083-36175 Plymouth Road), in the Northeast ¼ of Section 32, the Council does hereby direct that this item be placed on the agenda for the next regular meeting of September 5, 2018. A roll call vote was taken on the motion to substitute with the following result: 40681 Regular Meeting Minutes of August 20, 2018 AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy NAYS: None The President declared the motion to substitute passed. On a motion by Bahr, supported by White, a roll call vote was then taken on the substitute resolution as follows: #309-18 RESOLVED, that having considered a communication from the City Planning Commission, dated July 23, 2018, which transmits its resolution #07-50-2018, adopted on July 17, 2018, with regard to Petition 2018-06-08-06, submitted by Steve Anton, to remodel the exterior of the commercial strip center (LA Plaza), located on the south side of Plymouth Road between Yale Avenue and Levan Road (36083-36175 Plymouth Road), in the Northeast ¼ of Section 32, the Council does hereby direct that this item be placed on the agenda for the next regular meeting of September 5, 2018. with the following result: AYES: Jolly, Kritzman, Bahr, White, McIntyre, Meakin and Toy NAYS: None The President declared the substitute resolution adopted. On a motion by McIntyre, supported by Bahr, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated June 6, 2018, which transmits its resolution 06-36-2018, adopted on June 5, 2018, with regard to Petition 2018-05-06-02, pursuant to Council Resolution #165-18, and Section 23.01(a) of Zoning Ordinance No. 543, as amended, proposing to amend Sections 21.01, 21.02 and 21.03 of Article XXI in order to provide for the appointment of alternate Zoning Board of Appeals board members, and the Council having conducted a public hearing with regard to this matter on Monday, July 30, 2018, the Council does hereby reject the recommendation of the Planning Commission and Petition 2018-05-06-02 is hereby denied for the following reasons: 1. That the existing arrangement of seven (7) board members is more than adequate to handle the case load of the Zoning Board of Appeals and therefore, the proposed language amendment is not needed; and 40682 Regular Meeting Minutes of August 20, 2018 2. Having alternate members serving as board members could cause confusion and complicate meeting protocols. McIntyre stated her reasoning behind offering the denying resolution. Vice President Jolly spoke on the benefit of having alternates. Bahr questioned the need for alternates as a binding decision can be reached without a full board. Vice President Jolly reiterated his belief for having alternates which State law provides. McIntyre stated she looked at the attendance records of the board members before offering the denying resolution. President Toy passed the gavel at 7:59 p.m. President Toy stated she believes the Zoning Board is the last board that anyone can go to before going to the Circuit Court, stating that board is much different than the Planning Commission or some of the other boards. She stated for the most part that Board is crucially important because people spend a lot of time and a lot of money on attorneys if their Petition does not get heard for whatever reason or they get denied by the Zoning Board. She indicated she is in agreement with Vice President Jolly in promoting the need for alternates and emphasized the importance of the Zoning Board. Meakin stated there has been a lot of debate about this issue and doesn’t feel it is ready for approval in changing the ordinance and spoke about his experience on the Zoning Board and that procedurally changes could be made in lieu of an ordinance change. White indicated that the thought of an alternate on the ZBA is good in theory but she has concerns about the possibility of the alternate having a short notice of a meeting and may not have time to fully study the issues on the agenda and stated she would not be in support of the change in the ordinance. Kritzman stated that he has had the opportunity to appear before many zoning boards throughout his professional career and what he has typically found is that in those communities where they do have an assigned alternate delegate, that alternate still gets every packet for every meeting and participates and are usually in the audience and only called to the dais as needed due to an absence and he feels that would address many of the concerns mentioned. 40683 Regular Meeting Minutes of August 20, 2018 McIntyre stated she agrees with the alternates being kept apprised of the matters before the Zoning Board but also stated attendance may also be an issue with the alternates and is hesitant to approve the change. Following discussion by Council, a roll call vote was taken on the resolution made by McIntyre, supported by Bahr, #310-18 RESOLVED, that having considered a communication from the City Planning Commission, dated June 6, 2018, which transmits its resolution 06-36-2018, adopted on June 5, 2018, with regard to Petition 2018-05-06-02, pursuant to Council Resolution #165-18, and Section 23.01(a) of Zoning Ordinance No. 543, as amended, proposing to amend Sections 21.01, 21.02 and 21.03 of Article XXI in order to provide for the appointment of alternate Zoning Board of Appeals board members, and the Council having conducted a public hearing with regard to this matter on Monday, July 30, 2018, the Council does hereby reject the recommendation of the Planning Commission and Petition 2018-05-06-02 is hereby denied for the following reasons: 1. That the existing arrangement of seven (7) board members is more than adequate to handle the case load of the Zoning Board of Appeals and therefore, the proposed language amendment is not needed; and 2. Having alternate members serving as board members could cause confusion and complicate meeting protocols. with the following result: AYES: Bahr, White, McIntyre, Meakin NAYS: Kritzman, Toy and Jolly Vice President Jolly declared the resolution adopted. President Toy resumed the gavel at 8:07 p.m. On a motion by McIntyre, supported by Meakin, and unanimously adopted, it was: #311-18 RESOLVED, that having considered a communication from the City Planning Commission, dated July 23, 2018, which sets forth its resolution 07-49-2018 adopted on July 17, 2018, with regard to Petition 2018-06-06-03 submitted by the City Planning Commission, pursuant to Section 23.01(b) of Zoning Ordinance No. 543, as amended, proposing to amend Section 10.03 of Article X, Waiver Uses, C-1 District Regulations 40684 Regular Meeting Minutes of August 20, 2018 in order to allow for establishments having liquor licenses such as Class C, Tavern, Micro brewers and Brewpubs, to operate in conjunction with restaurants and other dining facilities, and the Council having conducted a public hearing with regard to this matter on Monday, July 30, 2018, the Council does hereby approve Petition 2018-06-06-03 for preparation of the ordinance for submission to Council; and 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 Bahr, supported by White, and unanimously adopted, it was: #312-18 RESOLVED, that having considered a communication from the Director of Finance, dated June 15, 2018, approved for submission by the Mayor, the Council does hereby determine to conduct a Finance, Budget and Technology Committee meeting on Monday, September 24, th 2018, at 7:00 p.m., in the 5 floor gallery, and a public hearing on Wednesday, October 3, 2018, 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, 2019; and the City Clerk shall give adequate public notice of said public hearing in accordance with provisions of law and City Charter. During Audience Communication, Brian Duggan, 14315 Denne, stated that this upcoming Saturday there is a fundraising event being held at Burton Manor to help raise money to bring the Vietnam Moving Wall to Livonia next year. The tickets are $35 and includes a two-hour beer and wine tasting and the band Major Woody will be performing and twenty restaurants participating in a taste fest and encouraged everyone to attend. On a motion by Meakin, supported by Bahr, and unanimously adopted, this 1,855th Regular Meeting of the Council of the City of Livonia was adjourned at 8:10 p.m. on August 20, 2018. _____________________ Susan M. Nash, City Clerk