HomeMy WebLinkAbout2019-09-23
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-FIRST
REGULAR MEETING OF SEPTEMBER 23, 2019
On September 23, 2019 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
Pledge with Grace, a Tenderfoot Scout from Troop G290.
Roll was called with the following result: Jim Jolly, Brandon Kritzman,
Scott Bahr, Cathy White, Kathleen McIntyre and President Laura Toy. Absent:
Brian Meakin.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic; Todd Zilincik, City Engineer; Paul Bernier, City
Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Mike Slater,
Director of Finance; Judy Priebe; Director of Legislative Affairs and Dave Varga,
Director of Administrative Services.
On a motion by McIntyre, supported by Bahr, and unanimously
adopted, it was:
#311-19 RESOLVED, that the minutes of the 1,880th
Regular Meeting of Council held September 9, 2019 are
approved as presented.
Councilmember McIntyre congratulated the Livonia Arts Council on a spectacular
concert Friday evening, they brought world renowned flautist Alexander Zonjac
to the Alexander Blue House. She thanked everyone involved in making the
event happen.
President Toy wished Treasurer Lynda Scheel a happy birthday.
She then announced a Public Hearing being held in the Auditorium of City Hall,
33000 Civic Center Drive, Livonia, on Wednesday, October 2, 2019, at 7:00 p.m.
on the following matter:
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Regular Meeting Minutes of September 23, 2019
Proposed Special Assessment Street Lighting Project for the Adams Court
Site Condominiums, located south of Plymouth Road, between Eckles Road and
Alois Avenue, in the Southwest ¼ of Section 30, in the City of Livonia, Wayne
County, Michigan, for the establishment of the assessment roll, pursuant to
Chapter 08 of Title 3 of the Livonia Code of Ordinances, as amended, entitled
“Special Assessment Procedure Ordinance.”
President Toy stated there is New Data on Item 13.
She then talked about the successful Shred Day that was held recently and
asked for a moment of silence for John Bates, proprietor of Bates Hamburgers,
who passed away over the weekend and is survived by his family.
She also recognized the passing of Cokie Roberts, news broadcaster, and asked
for continued prayers for Janelle who is recuperating from her injuries.
AUDIENCE COMMUNICATION
During Audience Communication, John Grzebik, 11301 Hubbell, came to the
podium to speak about the Moving Vietnam Memorial Wall, and thanked all of
those who were part of the project.
Councilmember McIntyre acknowledged Grzebik and his service to the
community.
Councilmember Bahr stated that over the weekend he was thinking a lot about
the Master Plan and in particular Plymouth Road between Inkster and Middlebelt
and anyone that’s familiar with that area of town knows that there’s some
distressed buildings down there. And we’ve talked at different times on this
Council, we’ve had different opportunities for redevelopment there that we’ve
considered but particularly in light of the fact that our Master Plan has identified
that as one of the three focus zones to develop, I’d like to offer for the Council’s
consideration a resolution to put it into the Economic Development, Strategic
Planning and Technology Committee, the topic of just explaining what economic
tools are available and what strategic moves we might make to spur
redevelopment of that area and help kickstart that Master Plan.
On a motion by Bahr, supported by White, and unanimously adopted, it
was:
#312-19 RESOLVED, that upon the motion by Councilmember Scott
Bahr, seconded by Councilmember Cathy White, at the Regular Meeting
held September 23, 2019, regarding the subject matter of exploring what
economic tools are available and strategic moves that might be made to
kickstart and spur redevelopment of Plymouth Road, between Inkster
Road and Middlebelt, as identified in the Master Plan as one of three focus
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Regular Meeting Minutes of September 23, 2019
zones, the Council does hereby refer this item to the Economic
Development, Strategic Planning and Technology Committee for its report
and recommendation.
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Clerk Nash stated that in six weeks on November 5 there will be a City Election.
The first round of absentee ballots will be mailed out on Wednesday, September
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25. There are approximately 10,300 absentee ballots leaving City Hall. This is
the largest mailing to date for the City of Livonia and she expects these mailings
to go up going forward with every election. After last year’s Proposal 3 passage
of “No reason absentee”, anyone that wishes to obtain an absentee ballot, just
contact the City Clerk’s office, you can get an absentee ballot application online,
you can download one yourself or they’re available at the City Clerk’s counter.
And on the application you can also check off if you would like to be on the
permanent absentee ballot application list and what that means going forward
you will get an application in the mail. We always have to have an application
for every election cycle, so they can not just mail a ballot without an application,
but they can automatically mail out applications to residents who so choose.
On a motion by Jolly, supported by Kritzman, it was:
#313-19 RESOLVED, that having considered an application from
Theresa Willyard, 14249 Ramblewood, Livonia, Michigan 48154, dated
August 22, 2019, requesting permission to close Ramblewood, between
Perth and Scone, on Saturday, September 28, 2019, from 3:00 p.m. to
10:00 p.m., for the purpose of conducting a block party, the Council does
hereby grant permission as requested, including therein permission to
conduct the said affair on Saturday, October 5, 2019, in the event of
inclement weather, the action taken herein being made subject to the
approval of the Police Department.
#314-19 RESOLVED, that having considered an application from
Stacie Anselmo, 32944 Middleboro Street, Livonia, Michigan 48154,
dated August 21, 2019, requesting permission to close Middleboro Street,
between Westmore and Mayfield, on Saturday, October 19, 2019, from
2:00 p.m. to 10:00 p.m., for the purpose of conducting a block party, the
Council does hereby grant permission as requested, including therein
permission to conduct the said affair on Saturday, October 26, 2019, in
the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#315-19 RESOLVED, that having considered a communication from
the City Engineer, dated August 22, 2019, approved for submission by the
Mayor, to which is attached a letter from Michael Liss, received by the
Office of the City Clerk on August 20, 2019, requesting a waiver of the
sidewalk requirement in front of a single-home to be constructed at 18428
Foch, in the N.E. ¼ of Section 12, the Council does hereby approve this
request inasmuch as omitting the sidewalk on the subject property would
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Regular Meeting Minutes of September 23, 2019
have no detrimental effect upon the neighboring properties at this time
due to relative 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.
#316-19 RESOLVED, that having considered the report and
recommendation of the Chief of Police, dated August 19, 2019, which
bears the signature of the Director of Finance, is approved by the City
Attorney and is approved for submission by the Mayor, to which is
attached a packet touting the value of membership in the Oakland County
Information Technology (CLEMIS) which would provide support and
maintenance of the Police Department’s Live Scan equipment, together
with an array of other information services in connection with CLEMIS
membership for a period of five (5) years at a membership cost of
$124,495.00 for 2019; a projected cost not to exceed $129,475.00 for
2020; $134,654.00 for 2021; $140,040.00 for 2022; and $145,642.00 for
2023 (the 2019 through 2023 figures assume an annual increase not
exceeding 4%); the Council does hereby authorize and approve the City’s
continued membership for the term and fees aforesaid; FURTHER, the
Council does hereby authorize an expenditure from funds already
budgeted in Account No. 101-306-851-020 and Account No. 261-000-
851-020 for this purpose.
#317-19 RESOLVED, that having considered the report and
recommendation of the City Treasurer, dated August 21, 2019, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby accept the proposal of
BS&A Software, 14965 Abbey Lane, Bath, Michigan 48808, for yearly
service and support from November 1, 2019 through October 31, 2022,
for the Equalizer Internet Tax/ Assessment System in an amount not to
exceed $25,000.00 per year from funds budgeted in Account Number
101-253-851-020; FURTHER, the Council does hereby authorize this
purchase without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
#318-19 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated August 27, 2019,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, requesting an appropriation and expenditure
from budgeted funds for the emergency need to cut tall grass and weeds
throughout the City, the Council does hereby accept the quote of Ultra
Green, 29541 Eight Mile Road, Livonia, Michigan 48152, in a total amount
not to exceed $30,000.00, for performing all work required in connection
with the emergency need to cut tall grass and weeds throughout the City;
FURTHER, the Council does hereby authorize an expenditure in an
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Regular Meeting Minutes of September 23, 2019
amount not to exceed $30,000.00 from funds already budgeted in Account
No.: 205-525-818-015 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 3.04.140.D.1 of the Livonia Code of Ordinances,
as amended, and the Mayor and City Clerk are hereby authorized to
execute a contract, approved as to form and substance by the Department
of Law, for and on behalf of the City of Livonia with the aforesaid company
and to do all other things necessary or incidental to the full performance
of this resolution.
#319-19 RESOLVED, that having considered a communication from
the City Engineer, dated August 27, 2019, approved by the Director of
Public Works, and approved for submission by the Mayor, to which is
attached a communication from Julian J. Wargo, Jr., PE, Zeimet Wozniak
& Associates, dated August 23, 2019, wherein a request is submitted to
vacate the water main easement within Schoolcraft College, located at
18600 Haggerty Road and 17950 College Parkway, 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.
#320-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated August 29, 2019, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, regarding
additional appropriation and expenditure for the Ann Arbor Trail Project
(Contract 19-C, previously authorized in Council Resolution No. 248-19,
adopted on July 8, 2019 and pursuant to Council Resolution No. 54-19,
adopted on February 25, 2019) in connection with work required at the
intersection of Newburgh Road and Ann Arbor Trail, the Council does
hereby appropriate and authorize an additional expenditure in the amount
of $25,091.00 for the Ann Arbor Trail Project (Contract 19-C), increasing
the estimated total contract amount from $4,500,000.00 to $4,525,091.00,
such additional amount being payable to Hard Rock Concrete, Inc., 38146
Abruzzi Drive, Westland, Michigan 48185, for completing all work required
in connection with the intersection of Newburgh Road and Ann Arbor Trail;
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 3.04.140.D.3 of the
Livonia Code of Ordinances, as amended, since no advantage to the City
would result from competitive bidding; FURTHER, the Council does
hereby authorize an additional expenditure in an amount not to exceed
$25,091.00 from funds already budgeted in Account No: 204-463-818-114
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.
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Regular Meeting Minutes of September 23, 2019
#321-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 19, 2019, approved for
submission by the Mayor, which transmits its resolution #08-68-2019,
adopted on August 13, 2019, with regard to Petition 2019-07-02-11
submitted by Green Palace Reflexology, to operate a massage
establishment on the south side of Five Mile Road between Middlebelt
and Henry Ruff Roads (29447 Five Mile Road) in the Northeast ¼ of
Section 23, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2019-07-02-11 is hereby
approved and granted, subject to the following conditions:
1. That this facility shall comply with all other special waiver use
standards and requirements pertaining to massage
establishments as set forth in Section 11.03(u) of the Zoning
Ordinance #543;
2. That this facility shall conform to the provisions set forth in
Chapter 5.49 of the Livonia Code of Ordinances pertaining to
massage establishments; and
3. The Petitioner shall not engage in any form of solicitation for
business within the public right-of-way of Plymouth Road.
FURTHER, that the Petitioner shall enter into a Conditional Agreement
limiting this waiver use to this user only, with the provision to extend this
waiver use approval to a new user only upon approval of the new user
by the City Council.
A copy of the 2019-2024 Capital Improvements Program, dated July 19,
2019, was received and placed on file for the information of the Council.
#322-19 RESOLVED, having considered the report and
recommendation of the City Planning Commission, dated August 19,
2019, approved for submission by the Mayor, to which is attached thereto
the 2019–2024 Capital Improvements Program, dated July 19, 2019, the
Council does hereby refer this matter to the Capital Outlay and
Infrastructure Committee for its report and recommendation.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: None
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Regular Meeting Minutes of September 23, 2019
The President declared the resolutions adopted.
The 2019 Assessment Data booklet, received from the City Assessor,
dated May 31, 2019, was received and placed on file for the information of the
Council.
Scott Bahr, as Chair of the Finance and Budget Committee, reported out on the
meeting of August 19, 2019:
Subject of Advance Budget Reviews Fiscal Year 2019-2020 Pre-Budget
Meeting. (CR 161-12)
This item will remain in Committee.
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of August 28, 2019.
a. Subject matter regarding the Police Department having concerns with
certain hotels. (CR 231-19)
Where the following resolution was adopted:
#323-19 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 28, 2019,
submitted pursuant to Council Resolution No. 231-19, regarding difficulties
the Police Department is having with certain hotels in the City, the Council
does hereby request the assistance of the Michigan Legislature, and
especially those legislators representing any portion of the City, in adopting
excise tax legislation along the general lines of the Stadia or Convention
Facility Development Act, MCL 207.751, et seq., but with a proviso permitting
use of the tax proceeds to reimburse the City’s costs in responding to police
and fire calls from local hotels; FURTHER, that copies of this resolution be
sent to Governor Gretchen Whitmer, State Senator Dayna Polehanki, State
Representative Jewell Jones, State Representative Laurie Pohutsky, the
Michigan Municipal League State and Federal Affairs Division and the
Conference of Western Wayne.
This item will remain in Committee.
A communication received from the Department of Law, dated August 27,
2019, submitted pursuant to Council Resolution 275-19, re: a draft proposed
amendment adding a new chapter to Title 8 (Health and Safety) of the Livonia
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Regular Meeting Minutes of September 23, 2019
Code of Ordinances, was received and placed on file for the information of the
Council.
b. Subject matter of Food Trucks and licensing under City Ordinances. (CR
275-19)
This item will remain in Committee.
c. Subject matter of rezoning Petition 2018-08-01-05 submitted by Leo
Soave Building Inc. for 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). (CR
432-18)
On a motion by Kritzman, supported by Jolly, and unanimously adopted,
it was:
#324-19 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 28, 2019,
submitted pursuant to Council Resolution No. 432-18, regarding rezoning
Petition 2018-08-01-05, submitted by Leo Soave Building Inc., the Council
does hereby determine to take no further action with regard to this matter.
d. Subject matter of employee wellness. (CR 90-17)
On a motion by Bahr, supported by McIntyre, and unanimously adopted,
it was:
#325-19 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 28, 2019,
submitted pursuant to Council Resolution No. 90-17, regarding the subject
matter of employee wellness, the Council does hereby determine to take
no further action with regard to this matter.
e. Sign Permit Application, Petition 2015-09-SN-05, submitted by YM
Associates, requesting approval for a ground sign for the commercial
building located on the east side of Middlebelt Road between Clarita
Avenue and Seven Mile Road (19046-19048 Middlebelt Road) in the
Northwest ¼ of Section 12. (CR 362-15)
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Regular Meeting Minutes of September 23, 2019
An email communication received from Jatinder Matharu, YM Associates,
dated August 7, 2019, re: Petition 2015-09-SN-05, was received and placed on
file for the information of the Council.
On a motion by Jolly, supported by Kritzman, and unanimously adopted, it
was:
#326-19 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated August 28, 2019,
submitted pursuant to Council Resolution No. 362-15, regarding Petition
2015-09-SN-05, submitted by YM Associates, and an email communication
from Jatinder Matharu, dated August 7, 2019, with respect to this item, the
Council does hereby determine to take no further action with regard to this
matter.
Kritzman took from the table, for discussion, the following Ordinance:
AN ORDINANCE AMENDING SECTION 35 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 2019-06-01-04)
City Treasurer Lynda Scheel came to the podium and stated with regard to
Petition 2019-06-01-04, that two out of the three addresses, 8985 and 8981
Middlebelt Road, have outstanding tax bills and that she spoke to the Petitioner,
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Ryan Kresge, on September 19 and that he is well aware that she was going
to let Council know about the outstanding bills.
Councilmember Kritzman asked that this item be moved to the next Regular
Meeting of Council on October 7, 2019
On a motion by White, supported by McIntyre, it was:
#327-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 15, 2019, approved for
submission by the Mayor, which transmits its resolution #08-69-2019,
adopted on August 13, 2019, with regard to Petition 2019-07-02-12
submitted by Zukin’s Rib Shack, to utilize a Class C liquor license (sale of
beer, wine and spirits for consumption on the premises) and to expand the
existing food service operation to include an outdoor dining patio in
connection with the operation of the full-service restaurant on the south side
of Five Mile Road between Farmington and Ashurst Roads (33897 Five Mile
Road) in the Northeast ¼ of Section 21, the Council does hereby concur in
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the recommendation made by the City Planning Commission and Petition
2019-07-02-12 is hereby approved and granted, subject to the following
conditions:
1. That the use of a Class C liquor license at this location is subject to
City Council waiving the 1,000-foot separation requirement from
existing Class C-licensed businesses per Sections 10.03(j)(2) and
19.06(1) of Zoning Ordinance No. 543, as amended;
2. That the Site Plan for the outdoor patio, as received by the Planning
Commission on July 8, 2019, is hereby approved and shall be
adhered to;
3. That the maximum customer seating count of the restaurant shall
not exceed a total of forty-eight (48) seats, including six (6) outdoor
patio seats during the summer months;
4. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention of passing
motorists, shall be prohibited;
5. That there shall be no outdoor speakers or sound equipment,
including televisions allowed at any time;
6. That no advertising shall be permitted on any of the seating or table
apparatus of the outdoor patio; and
7. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council,
and unless a permit is obtained, this approval shall be null and void
at the expiration of said period.
FURTHER, that the Petitioner shall enter into a Conditional Agreement
limiting this Class C liquor license to this user only, with the provision to
extend this waiver use approval to a new user only upon approval of the
new user by the City Council.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: None
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Regular Meeting Minutes of September 23, 2019
The President declared the resolution adopted.
On a motion by White, supported by Kritzman, it was:
#328-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 15, 2019, approved for
submission by the Mayor, which transmits its resolution #08-69-2019,
adopted on August 13, 2019, with regard to Petition 2019-07-02-12
submitted by Zukin’s Rib Shack, to utilize a Class C liquor license (sale of
beer, wine and spirits for consumption on the premises) and to expand
the existing food service operation to include an outdoor dining patio in
connection with the operation of the full-service restaurant on the south
side of Five Mile Road between Farmington and Ashurst Roads (33897
Five Mile Road) in the Northeast ¼ of Section 21, the Council does hereby
waive the 1,000-foot separation requirement as set forth in Sections
10.03(j)(2) and 19.06(1) of Zoning Ordinance 543.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the resolution adopted.
AUDIENCE COMMUNICATION
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Councilmember Bahr stated that at the August 26, 2019 meeting he offered the
subject matter of culling and management of the deer and coyote populations in
the City of Livonia to the Public Safety, Health and Environment Committee, and
that he failed to get support on the motion and is now reiterating his request.
On a motion by Bahr, supported by McIntyre, and unanimously adopted,
it was:
#329-19 RESOLVED, that upon the motion by Councilmember Scott
Bahr, seconded by Councilmember Kathleen McIntyre, at the Regular
Meeting held September 23, 2019, regarding the subject matter of what
options are available concerning the culling and management of the deer
and coyote populations in the City of Livonia, the Council does hereby
refer this item to the Public Safety, Health and Environment Committee
for its report and recommendation.
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Regular Meeting Minutes of September 23, 2019
On a motion by Bahr, supported by Jolly, and unanimously adopted, this
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1,881 Regular Meeting of the Council of the City of Livonia was adjourned at
7:43 p.m. on September 23, 2019.
_____________________
Susan M. Nash, City Clerk