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HomeMy WebLinkAboutMINUTES 2018-12-03 40783 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTY-SECOND REGULAR MEETING OF DECEMBER 3, 2018 On December 3, 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. Scott Bahr led the meeting in the Invocation. Roll was called with the following result: Scott Bahr, Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman, and President Laura Toy. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Curtis Caid, Chief of Police; and Mayor Dennis Wright. On a motion by Jolly, supported by White, and unanimously adopted, it was: #411-18 RESOLVED, that the minutes of the 1,861st Regular Meeting of Council held November 19, 2018 are approved as presented. McIntyre spoke about the passing of former President H.W. Bush. Bahr talked about the Holiday Parade and its success and thanked all involved for their hard work. President Toy thanked everyone who worked on the parade. She then informed the public that Council meetings are shown on Spectrum Channel 203, and on WOW they are shown on 10, and on AT & T they are shown on Channel 99. President Toy wished Councilmember Brian Meakin a happy birthday as well as Mayor Dennis Wright, and Linda McCann, Director of Community Resources. 40784 Regular Meeting Minutes of December 3, 2018 She stated there is New Data on Items 17, 19 and 21. Meakin then wished President Toy a happy birthday which is coming up on December 22nd. Lynda Scheel, Treasurer, came to the podium and stated she wanted to inform all Livonia property and business owners that the 2018 Winter Tax Bills were st issued and mailed on Saturday, December 1. They are due and payable without th interest through Thursday, February 14, 2019. She indicated if residents have not received theirs in the mail yet, they should arrive within the next few days. She stated that even if a homeowner’s mortgage company pays their taxes, an informational copy is still sent out to the residents and will state “Informational Copy” on the bill in the top left side box. To assist property and business owners, partial payments are accepted throughout this time period with no additional th charge as long as it is paid in full by Thursday, February 14, 2019. Both 2018 Summer and Winter real property tax bills are payable to the Livonia Treasurer through that date and thereafter they must be paid at Wayne County. For any questions or information, she invited residents to visit the Treasurer’s Office page of the City’s website at www.ci.livonia.mi.us. President Toy also reminded that they can be dropped off in the red mailbox on the east side of City Hall. Wayne County Commissioner Diane Webb came to the podium to thank the residents of Livonia for their support in this last election. She stated it has been an honor to serve them for the last six years and that she is looking forward to the next term which will focus on transparency. She wished everyone Happy Holidays. President Toy thanked the Commissioner for the financial help from Wayne County for Farmington Road repairs and Webb stated that Livonia has a strong advocate for the City, Todd Zilincik. McIntyre commended Webb on her support for Livonia as well as Commissioner Marecki. During Audience Communication the following people addressed Council on the Planned Parenthood on Farmington Road: Barb Valasek, 17628 Francavilla, Livonia Diane Carlson, 19229 Pearson Drive, Northville Frank Carlson, 19229 Pearson Drive, Northville Kellie Sider, 30261 Buckingham, Livonia Jim Stephanoff, 15396 Alpine Drive, Livonia James Hooper, 36438 Six Mile, Livonia Camery Thomas, 11215 W. Clements Circle, Livonia 40785 Regular Meeting Minutes of December 3, 2018 Irene Durkee, 15551 Knolson, Livonia Mary Mciver, 9800 Eckles, Livonia Betsy Calhoun, 33023 Grennada, Livonia Camille Brick, 18999 Fairway, Livonia Councilmember Bahr clarified the terminology concerning the Planned Parenthood and replied to some of the comments heard at the meeting and complimented the audience members on the tone of the meeting. On a motion by Jolly, supported by Kritzman, it was: #412-18 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated November 6, 2018, which bears the signature of the Information Systems Director, Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to enter into a five (5) year contract, commencing December 1, 2018 and expiring November 30, 2023, with CivicRec, a division of CivicPlus, 302 TH S. 4 Street, Suite 500, Manhattan, KS 66502, for cloud based recreation management software and support, in an amount not to exceed $65,250.00 for year one, $43,750.00 for year two, and for each of the subsequent three years through November 30, 2023 not to exceed 1.25% of the previous year’s annual program/ membership revenue booked through the system; FURTHER, the Council does hereby reject the bid submitted by Tyler Technologies because an evaluation team from the Departments of Parks and Recreation and Information Systems determined that CivicRec’s ability to integrate with the CivicPlus web- service provided CivicRec with an insurmountable advantage over Tyler Technologies; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $65,250.00 from funds in the 2018-2019 budget in Account No. 208-755-851-020 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 with CivicPlus-CivicRec, approved as to form and substance by the Department of Law, and to do all things necessary or incidental to the full performance of this resolution. #413-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 1, 2018, 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 one (1) John Deere Turf Utility Tractor, Model 2025R, from Bader & Sons, Inc., 20801 Pontiac Trail, South Lyon, MI 48178, in an amount not to exceed $17,301.60, to replace one comparable unit in the Public Service Division – Park Maintenance which was purchased in 2009, the same to be expended from funds already budgeted for this purpose in Account No: 401-000- 987-000 (Capital Outlay Budget); FURTHER, the Council does hereby 40786 Regular Meeting Minutes of December 3, 2018 determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price under Contract No. 0-71B7700085, 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; FURTHER, the Council does hereby authorize the disposal of the replaced tractor at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new tractor. #414-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 1, 2018, 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 one (1) John Deere Model 1575 Lawnmower from Bader & Sons, Inc., 20801 Pontiac Trail, South Lyon, MI 48178, at a cost of $31,179.05, with a side discharge mowing deck at a cost of $3,215.30, snow plow blade at a cost of $1,540.50, 47” snow blower at a cost of $3,652.96, and rotary broom at a cost of $4,470.58, for a total amount not to exceed $44,058.39, to be assigned to Park Maintenance and used at the Civic Center, the same to be expended from funds already budgeted in Account No. 401-000-987-000 (Capital Outlay Budget) 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 bid price under Contract No. 0-71B7700085, 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. #415-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 1, 2018, 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 three (3) John Deere Turf Vehicles, Model XUV 835M, from Bader & Sons, INC., 20801 Pontiac Trail, South Lyon, MI 48178, at a cost of $21,621.10 per unit, for a total cost of $64,863.30, with three (3) BOSS 6’6” V-Plows at a cost of $4,270.00 per plow, for a total cost of $12,810.00, and three (3) Snowex Model SD600 salt spreaders at a cost of $3,550.00 per spreader, for a total cost of $10,650.00, for a grand total not to exceed $88,323.30, to replace three (3) comparable units in the Public Service Division – Park Maintenance purchased in 2012, the same to be expended from funds already budgeted for this purpose in Account No: 401-000-987-000 (Capital Outlay Budget); 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 bid price under Contract No. 0-71B7700085, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of 40787 Regular Meeting Minutes of December 3, 2018 Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replaced units at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new units. #416-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 1, 2018, 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 four (4) John Deere Turf Vehicles, Model TH 6X4, from Bader & Sons, Inc., 20801 Pontiac Trail, South Lyon, MI 48178, in the amount of $11,200.74 per unit, for a total amount not to exceed $44,802.96, to replace four (4) comparable units in the Public Service Division – Park Maintenance purchased in 2010, the same to be expended from funds already budgeted for this purpose in Account No: 401-000-987-000 (Capital Outlay Budget); 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 bid price under Contract No. 0-71B7700085, 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; FURTHER, the Council does hereby authorize the disposal of the replaced units at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new units. #417-18 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated November 5, 2018, 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 five (5) Toro Zero Turn Mowers (ZTR)–5000, Model #74930, gas–powered mowers with Kohler Engines and 60” turbo force mowing decks, in the amount of $9,839.52 per unit, for a total amount not to exceed $49,197.60, to replace five (5) comparable units (Toro ZTR Z-500 Models) in the Public Service Division – Park Maintenance purchased in 2010; utilizing the Sourcewell (formerly NJPA) Bid Process, which was awarded to Commercial Lawnmower, 32098 Plymouth Road, Livonia, MI 48150; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $49,197.60 from funds already budgeted in Account No. 401-000-987-000 (Capital Outlay Budget) for this purpose; FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low Sourcewell bid price (under Contract #062117-TTC), 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.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replaced units at public auction hosted by the Michigan 40788 Regular Meeting Minutes of December 3, 2018 Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new units. #418-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 7, 2018, submitted pursuant to Council Resolution 130-18, adopted on April 9, 2018, which bears the signature of the Director of Finance, is approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize a transfer of budgeted funds in an amount not to exceed $65,000.00 from Account No. 202-463-818-125 to Account No. 204-463-818-114 to assist in the offset cost for the emergency patching on Newburgh Road in connection with the 2018 Concrete Road Program (Contract 18-C). #419-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 7, 2018, which bears the signatures of the Director of Finance and the City Attorney, is approved by the Director of Public Works, and approved for submission by the Mayor, to which is attached a proposed amendment to the Engineering contract between the City of Livonia and OHM Advisors in connection with the 2019 Asphalt Road Program, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract amendment between the City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150, to provide design engineering services in connection with the 2019 Asphalt Road Program in an amount not to exceed $146,200.00, said amount being based on the preliminary cost estimates and subject to adjustment based on the actual bids; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $146,200.00 from funds budgeted in Account No. 204-441-818-102 (Road, Sidewalk and Tree Fund) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties. #420-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 9, 2018, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, to which is attached a communication from Becky Lund, NHA, Vice President - Operations, Trinity Health Senior Communities, dated September 17, 2018, wherein a request is submitted for the City to vacate Water Main Easement 1A located within the Marycrest Manor Development at 15475 Middlebelt Road, previously recorded in Liber 51978, Page 226, Wayne County Records, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. 40789 Regular Meeting Minutes of December 3, 2018 #421-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 9, 2018, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, to which is attached a communication from Becky Lund, NHA, Vice President - Operations, Trinity Health Senior Communities, dated September 17, 2018, wherein a request is submitted for the City to vacate Water Main Easement 1B located within the Marycrest Manor Development at 15475 Middlebelt Road, previously recorded in Liber 51978, Page 230, Wayne County Records, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. #422-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 9, 2018, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, to which is attached a communication from Becky Lund, NHA, Vice President - Operations, Trinity Health Senior Communities, dated September 17, 2018, wherein a request is submitted for the City to vacate Water Main Easement 2A located within the Marycrest Manor Development at 15495 Middlebelt Road, previously recorded in Liber 51978, Page 235, Wayne County Records, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. #423-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 9, 2018, which bears the signature of the Director of Public Works and is approved for submission by the Mayor, to which is attached a communication from Becky Lund, NHA, Vice President - Operations, Trinity Health Senior Communities, dated September 17, 2018, wherein a request is submitted for the City to vacate Water Main Easement 2B located within the Marycrest Manor Development at 15495 Middlebelt Road, previously recorded in Liber 51978, Page 239, Wayne County Records, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of law and City Ordinance. #424-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 9, 2018, which bears the signature of the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby authorize the release to Washington Park Development, LLC, 42400 Grand River Avenue, Suite 112, Novi, Michigan 48375, the proprietor of Washington Park Site Condominiums, located at the southwest corner of Hix and Ann Arbor Roads (former Washington Elementary School site), in the Southwest ¼ of Section 31, the financial assurances previously deposited pursuant to Council Resolution 436-16, adopted on November 14, 2016, specifically: 40790 Regular Meeting Minutes of December 3, 2018 a) General Improvement $60,557.00 (all cash) b) Public Utility $ 5,000.00 (all cash) c) Site Development $ 500.00 (all cash) FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision 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. #425-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 16, 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 Menard, Inc., a Wisconsin Corporation, in conjunction with the construction of a storm drainage system that provides adequate drainage from property developed by others that includes 12651, 12661 and 12691 Middlebelt 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 Middlebelt Road, south of Schoolcraft Road, in the N.E. ¼ of Section 26, for the development of Menards Outparcel Storm Water Management, which accommodates storm water from property developed by others that includes 12691, 12661 and 12651 Middlebelt Road. (See maintenance agreement from the owner Menard, Inc., a Wisconsin Corporation, 5101 Menard Drive, Eau Claire, Wisconsin 54703, attached to said report and recommendation, indicating a corporate willingness to maintain the system and reimburse the City for any maintenance the City performs); and 2. To authorize the Mayor and City Clerk to execute the Storm Water Facilities Maintenance Agreement on behalf of the City. #426-18 RESOLVED, that having considered a communication from the Department of Law, dated November 13, 2018, which bears the signature of the Planning Director and is approved for submission by the Mayor, to which is attached a proposed Haggerty Square Planned General Development Agreement between the City of Livonia and Haggerty Square, LLC, in connection with Petition 2018-01-02-02, previously approved by City Council on May 21, 2018, pursuant to CR 196-18, requesting waiver use approval for a Planned General Development consisting of a retail shopping center and multi-family housing development under a single unified plan, at 19700 and 19750 40791 Regular Meeting Minutes of December 3, 2018 Haggerty Road, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Southwest ¼ of Section 6, the Council does hereby approve the aforesaid Haggerty Square Planned General Development Agreement, and the Mayor and City Clerk are hereby authorized to execute said Agreement, approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia and to do all things necessary or incidental to the full performance of this resolution. #427-18 RESOLVED, that having considered a communication from City Council President Laura M. Toy, dated October 11, 2018, to which is attached a proposed schedule of Council Study and Regular Meetings for the period January 1, 2019 through December 31, 2019, the Council does hereby approve the following dates for City Council Meetings for 2019, subject to change with notice: Study Meetings Regular Meetings JANUARY Monday, January 7 (starting time 8 pm) Wednesday, January 16 Wednesday, January 16 Monday, January 28 FEBRUARY Monday, January 28 Monday, February 11 Monday, February 11 Monday, February 25 MARCH Monday, February 25 Monday, March 11 Monday, March 11 Monday, March 25 APRIL Monday, March 25 Monday, April 8 Monday, April 8 Monday, April 22 MAY Monday, April 22 Wednesday, May 8 Wednesday, May 8 Monday, May 20 JUNE Monday, May 20 Monday, June 3 Monday, June 3 Monday, June 17 JULY Monday, June 17 Monday, July 8 Monday, July 8 Monday, July 22 40792 Regular Meeting Minutes of December 3, 2018 AUGUST Monday, July 22 Monday, August 12 Monday, August 12 Monday, August 26 SEPTEMBER Monday, August 26 Monday, September 9 Monday, September 9 Monday, September 23 OCTOBER Monday, September 23 Monday, October 7 Monday, October 7 Monday, October 21 NOVEMBER Monday, October 21 Wednesday, November 6 Wednesday, November 6 Monday, November 18 DECEMBER Monday, November 18 Monday, December 2 Monday, December 2 Monday, December 16 A roll call vote was taken on the foregoing resolutions with the following results: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly, and Toy NAYS: None The President declared the resolutions adopted. A communication from the City Engineer dated November 29, 2018, re: Additional Information for Item #17, Regular Meeting of December 3, 2018, correction to address for sidewalk waiver request to 9915 Wayne Road, was received and filed for the information of the Council. On a motion by Bahr, supported by Kritzman, it was: #428-18 RESOLVED, that having considered a communication from Michael Soave, President, Soave Homes, Inc., 12822 Stark Road, Livonia, MI 48150, dated October 29, 2018, requesting a waiver of the sidewalk requirement in front of the single-family home located at 9915 Wayne Road, in the N.W. ¼ of Section 33, and having further considered the report and recommendation of the City Engineer, dated November 5, 2018, approved for submission by the Mayor, recommending sidewalk 40793 Regular Meeting Minutes of December 3, 2018 construction generally in order to promote connectivity, the Council does hereby deny this request inasmuch as there are extensive existing sidewalks on the west side of Wayne Road, including one that runs south from Plymouth Road to 10855 Wayne Road, and a sidewalk that runs from Parkdale Avenue to 10531 Wayne Road and north of the subject location at 10256 and 10289 Wayne Road, as well as sidewalk coming north from Ann Arbor Trail to the house across West Chicago from the subject property, and granting this request would be detrimental to the best interests of the City and its residents. Brian Duggan, 14315 Denne, was in attendance at the meeting and presented an aerial photo to Council reflecting the neighborhood of 9915 Wayne Road. Kritzman stated that Council should have been provided that material prior to the meeting. He stated that north of the property, maybe ten houses, there is then a stretch leading all the way out to Plymouth Road that was sidewalks for quite a discussion. Going south of this property just beyond the cropped photograph, on the other side of West Chicago, there is another bit of sidewalk that goes across Hines Drive all the way up to Joy and felt the argument made by the Petitioner was disingenuous. Bahr stated he is sympathetic for the Petitioner’s request but that this is Wayne Road, a semi-major road in the City and one that really should have had sidewalks in the beginning. He went on to say that this is a section that is reasonably likely as is being done with this property that there is going to be improvements to other nearby properties at some point in the future, at which case he would hope that whatever Council is in place at that time would take a similar action. Duggan stated that the photo was cropped to fit on the paper, the size of it, it’s not really cropped, you can see both subdivisions and there are sidewalks beyond that, he agrees with that. He said sidewalks have been addressed over and over again and there should probably be a Committee of the Whole meeting to discuss sidewalks everywhere. Meakin stated that he usually agrees to waive sidewalks in an area where they are leading to nowhere but that this is one where there are infield potential along Wayne Road and he agrees with his colleagues that there is potential to expand the sidewalk and as busy as Wayne Road is, it should have sidewalks. The houses on the other side of the street are probably fifty to seventy years old, so hopefully in the future there will be opportunities on that side as well, but for the coming future he thinks sidewalks should be put in on that side of the road. McIntyre stated she has in the past supported sidewalk waivers of houses that were old and it didn’t look like it was a good fit. But as the City looks more and more to Bike/Walk Livonia and all of the conversations they’ve had, there’s a lot of desire to continue to connect the north and the south parts of the City and she 40794 Regular Meeting Minutes of December 3, 2018 thinks this is an ideal place to start putting sidewalks in to be able to connect Plymouth Road down to Ann Arbor Trail and for that reason she will support the denying resolution. Bahr asked through the Chair to Zilincik, if there is a Master Plan long range for where the City wants sidewalks where they aren’t currently and Zilincik stated it was not completed but they had the Bike/Walk Study in 2015 where they were trying to get those connected corridors in place, Hubbard, Stark, and working with MDOT on Five Mile. Zilincik stated they do have a committee in place and the key with getting the Bike/Walk plan in place where MDOT can give the City an opportunity to expand the bridge on Five Mile to have the Bike/Walk activity across there. President Toy asked Zilincik if these homes are new and he responded they are two brand new homes, adjacent to each other just north of West Chicago on the west side. Following discussion by Council, a roll call vote was taken on the motion by Bahr, supported by Kritzman, with the following result: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy NAYS: None The President declared the resolution adopted. On a motion by Bahr, seconded by Kritzman, and unanimously adopted, it was: #429-18 RESOLVED, that upon the motion by Councilmember Scott Bahr, seconded by Councilmember Brandon Kritzman, at the Regular Meeting held December 3, 2018, the Council does hereby refer the subject matter of a Master Plan regarding City sidewalks to the Capital Outlay and Infrastructure Committee for its report and recommendation On a motion by Meakin, supported by McIntyre, it was: #430-18 RESOLVED, that having considered a communication from the City Planning Commission, dated November 5, 2018, which transmits its resolution #10-71-2018, adopted on October 30, 2018, with regard to Petition 2018-09-03-01, submitted by Jeffery and Tracy Nolte, to determine whether or not to vacate the existing ten (10) foot wide public sidewalk that runs along the north side of Lot 94 of Arbor Estates Subdivision located on the east side of Knolson Avenue between Northfield Avenue and Ann Arbor Road (9386 Knolson), in the Southwest ¼ of Section 31, the Council does hereby concur in the recommendation 40795 Regular Meeting Minutes of December 3, 2018 of the City Planning Commission and does grant and approve the said Petition 2018-09-03-01, conditioned on the Petitioner’s removal of the subject concrete sidewalk and fence running alongside said sidewalk, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. Meakin asked if there was any direction from the Law Department on the split and Bernier responded that the one property to the south will take it all. The one to the north will not take it because the property never belonged to them in the first place. If Council vacates the property it’s all going to go to the homeowner on the south end, the Noltes. Meakin asked the reason for than and Bernier responded that normally when you do a vacating petition, for instance if it was a road, the property has to be taken from the same subdivision, it has to be taken from the entire people. The people to the north, the Jones’, never had a claim to that property in the first place where it was taken from, it all came from the other subdivision so it will stay with that one. Meakin wanted to confirm the conditions set forth and Bernier replied that it doesn’t take effect until the sidewalk and fence are removed so if they don’t remove it, it doesn’t happen. Kritzman inquired about the Washington Square sidewalk that hasn’t been installed and if there was any official action that needs to be taken if the vacating request moves forward to amend that site plan. Bernier said this vacating petition would have no effect on that, they’re two different issues. If Council wanted to vacate that to the owners, they would have to go through the process again of vacating it but this would have no effect on that. Kritzman then stated if they vacate this existing sidewalk, it certainly doesn’t make sense to require the developers of the Washington Park property, and Bernier stated that is a Council decision on whether or not to vacate. Kritzman then asked what could be done to remedy that, and Bernier replied that the homeowners could file a petition or they could like a lot of people do with a ravine in their backyard, just treat it like it’s their property. Kritzman then asked if there were outstanding bonds from the developer and Zilincik responded that the developer may amend the site plan itself, there are some utility easements and things they have to address, so that may get corrected at that point in time. There is bonds that Council may ultimately refund, $10,000 bond for that sidewalk until it gets sorted out. 40796 Regular Meeting Minutes of December 3, 2018 Following discussion by Council, a roll call vote was taken on the foregoing motion by Meakin, supported by McIntyre, with the following result: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy NAYS: None The President declared the resolution adopted. A communication from the Department of Law, received in the Office of the City Clerk on November 28, 2018, re: revised proposed amendment to Sections 020, 030, 090, 110 and Repealing Section 120 of Title 9, Chapter 30 (Narcotics and Dangerous Substances) of the Code of Ordinances, was received and placed on file for the information of the Council. A communication from the Department of Law, received in the Office of the City Clerk on November 30, 2018, re: revised proposed amendment to Sections 020, 030, 090, 110 and Repealing Section 120 of Title 9, Chapter 30 (Narcotics and Dangerous Substances) of the Code of Ordinances, was received and placed on file for the information of the Council. Bahr gave First Reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020, 030, 090, 110 AND REPEALING SECTION 120 TO TITLE 9, CHAPTER 30 (NARCOTIC AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. Bill Schmidt, 29688 McIntyre, Livonia, addressed Council with his concerns that they are rushing to judgment on this matter, they have not thoroughly discussed the issue. President Toy passed the gavel at 8:14 p.m. to speak on the matter. 40797 Regular Meeting Minutes of December 3, 2018 Bahr invoked the Emergency Clause to allow for the Second Reading to the foregoing Ordinance and following discussion by Council, a roll call vote was taken to allow the Emergency Clause with the following result: AYES: Kritzman, Bahr, White, Meakin, Toy and Jolly NAYS: McIntyre Bahr then gave Second Reading to the following Ordinance: AN ORDINANCE AMENDING SECTIONS 020, 030, 090, 110 AND REPEALING SECTION 120 TO TITLE 9, CHAPTER 30 (NARCOTIC AND DANGEROUS SUBSTANCES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Toy and Jolly NAYS: None The Vice President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Kritzman, seconded by Toy, it was: #431-18 RESOLVED, that upon the motion by Councilmember Brandon Kritzman, seconded by Council President Laura Toy, at the Regular Meeting held December 3, 2018, the Council does hereby refer the subject matter of proposed amendment to the Livonia Code of Ordinances in order to delete language no longer relevant and replace it with a clear statement that Livonia’s continued prohibition of marijuana businesses complies with the newly initiated Act, the “Michigan Regulation and Taxation of Marihuana Act” to the Committee of the Whole for additional study, report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Kritzman, Bahr, White, McIntyre, Meakin, Toy and Jolly NAYS: None 40798 Regular Meeting Minutes of December 3, 2018 The Vice President declared the resolution adopted. President Toy resumed the gavel at 8:21 p.m. On a motion by Meakin, supported by McIntyre, and unanimously adopted, it was: #432-18 RESOLVED, that having considered a communication from the City Planning Commission, dated October 4, 2018, which transmits its resolution 10-65-2018, adopted on October 2, 2018, with regard to Petition 2018-08-01-05, submitted by Leo Soave Building Inc., to rezone the properties located on the west side of Farmington Road, between Norfolk Avenue and Eight Mile Road (20209, 20219, 20225, 20235, and 20307 Farmington Road) in the Northeast ¼ of Section 4, from R-U-F (Rural Urban Farm), to R-1 (One Family Residential), and the Council having conducted a public hearing with regard to this matter on Wednesday, November 14, 2018, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. On a motion by McIntyre, supported by Jolly, and unanimously adopted, it was: #433-18 RESOLVED, that having considered a communication from the Livonia Brownfield Redevelopment Authority, dated October 12, 2018, approved for submission by the Mayor, and which transmits its resolution nos. 07-2018 and 08-2018, adopted on October 11, 2018, and the Council having conducted a Public Hearing with regard to this matter on November 14, 2018, the Council does hereby approve the Brownfield Plan for the Haggerty Square property at 19700 and 19750 Haggerty Road, together with exhibits and schedules thereto, in the manner and form herein submitted, except that the maximum eligible activities to be reimbursed to the developer shall not exceed $4,477,673.00, subject to approval as to form and substance by the City’s Law Department. On a motion by White, supported by Kritzman, and unanimously adopted, it was: #434-18 RESOLVED, that having considered a communication from the Livonia Brownfield Redevelopment Authority, dated October 12, 2018, approved for submission by the Mayor, and which transmits its resolution nos. 07-2018 and 08-2018, adopted on October 11, 2018, and the Council having conducted a Public Hearing with regard to this matter on November 14, 2018, the Council does hereby approve the development 40799 Regular Meeting Minutes of December 3, 2018 and reimbursement agreement between the City of Livonia the Brownfield Redevelopment Authority, and Haggerty Square, LLC, providing for reimbursement of eligible costs pursuant to the Brownfield Plan for the Haggerty Square property at 19700 and 19750 Haggerty Road in the manner and form herein submitted, except that the maximum eligible activities to be reimbursed to the developer shall not exceed $4,477,673.00; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute such Reimbursement Agreement, subject to approval as to form and substance by the City’s Law Department, and with a ninety (90) day period for the land owner to execute the Agreement. During Audience Communication the following people spoke about the Planned Parenthood on Farmington Road: Jan Moening, 16220 Quakertown Lane, Livonia Jennifer Nelson Mary Mciver, 9800 Eckles, Livonia Lynn Mills, 38415 Plymouth Road, Livonia During Audience Communication, Laura Zain, Tailwaggers, spoke to announce they will be rolling out a financial assistance campaign to aid residents with pet vaccinations in 2019 and was looking for support from the community and local businesses to help in this endeavor. Rob Donovic, Arts Commissioner, 9881 Garvett, came to the podium and stated that the Arts Commission would like to invite the community to a reception event th being held at the library on December 11 at 7:00 p.m. On a motion by Jolly, supported by Meakin, and unanimously adopted, this 1,862nd Regular Meeting of the Council of the City of Livonia was adjourned at 8:47 p.m. on December 3, 2018. _____________________ Susan M. Nash, City Clerk