HomeMy WebLinkAbout2020-03-11 (REVISED)
REV. 3-23-2020
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETY-SECOND
REGULAR MEETING OF MARCH 11, 2020
On March 11, 2020, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President
Kathleen McIntyre at 7:00 p.m. Vice President Scott Bahr led the meeting in the
Invocation.
Roll was called with the following result: Scott Bahr, Cathy White,
Brandon McCullough, Rob Donovic, Jim Jolly, Laura Toy and President Kathleen
McIntyre.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Dave Lear, Assistant City Engineer; Paul
Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer;
Curtis Caid, Chief of Police; Dave Heavener, Fire Chief; Sara Kasprowicz,
Secretary II; Dave Varga, Director of Administrative Services and Mayor
Maureen Miller Brosnan.
On a motion by White, supported by Jolly, and unanimously
adopted, it was:
st
#78-20 RESOLVED, that the minutes of the 1,891
Regular Meeting of Council held February 24, 2020 are
approved as presented.
President McIntyre announced there is New Data on Items 9 and 10 and there
will be one X-item at the end of the Regular Agenda.
Mayor Maureen Miller response came to the podium to discuss the COVID-19
(Coronavirus) issue and the City of Livonia’s response.
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On a motion by Toy, supported by McCullough, and unanimously adopted,
it was:
#79-20 RESOLVED, that upon the motion by Councilmember Laura
Toy, seconded by Councilmember Brandon McCullough, at the Regular
Meeting held March 11, 2020, the Council does hereby refer the subject
matter of COVID-19 (Coronavirus) to the Public Safety, Health and
Environment Committee for further discussion.
City Clerk Susan M. Nash gave a summary of the Presidential Primary Election
and the results.
Police Chief Curtis Caid announced the recipients of an award commending
them on the saving of a drowning child.
During Audience Communication Denise Yurbanchek and others discussed
crime in the City and the shortage of police officers.
On a motion by Toy, supported by Jolly, it was:
#80-20 RESOLVED, that having considered a communication from
Frank Grisa, O’Malley’s Bar and Grill, dated February 3, 2020, which
requests permission to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances, as amended, to allow their St. Patrick’s Day
celebration on Tuesday, March 17, 2020, from 7:00 a.m. until 11:00 p.m.,
at O’Malley’s Bar and Grill, 15231 Farmington Road, the Council does
hereby grant permission as requested.
#81-20 RESOLVED, that having considered a communication from
the Mayor, dated February 5, 2020, wherein she has requested approval
of the appointment of Daniel E. Laible of NYX, Inc., 28100 Plymouth Road,
Livonia, MI 48150, to the Plymouth Road Development Authority, as a
representative of the Business/Property Owner in the District for a four-
year term, which will expire on May 16, 2024, pursuant to Section 3.16.060
of the Livonia Code of Ordinances, as amended, and Act No. 197 of the
Public Acts of Michigan of 1975, as amended, the Council does hereby
confirm and approve such appointment provided that Mr. Laible takes the
Oath of Office as required in Section 2, Chapter X of the City Charter, to
be administered by the Office of the City Clerk.
#82-20 WHEREAS, in 1872, J. Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the
planting of trees, and
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WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world; and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the
air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving up paper, wood for our
homes, fuel for our fires, and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planting, are a source of joy and
spiritual renewal; and
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation for the last seventeen years and desires
to continue its tree-planting practices.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of
the City Council of the City of Livonia hereby proclaim Friday, April 24,
2020, as Arbor Day in the City of Livonia, and urge all citizens to celebrate
Arbor Day and to support efforts to protect our trees and woodlands; and
FURTHER, we urge all citizens to plant trees to promote the well being of
this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at
Coolidge Elementary School, 30500 Curtis at 2:30 pm on Friday, April
24, 2020.
BE IT FURTHER RESOLVED, that copies of this resolution be sent to
Governor Gretchen Whitmer, State Senator Dayna Polehanki, State
Representatives Jewell Jones and Laurie Pohutsky, the Michigan
Municipal League State and Federal Affairs Division and the Conference
of Western Wayne.
#83-20 RESOLVED, that having considered the report and
recommendation of the Assistant Director of Public Service and the
Director of Public Works, dated February 12, 2020, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby accept the unit price bid of G & M
Enterprises, LTD., 19614 W. Eight Mile Rd., Southfield, Michigan 48075
for completing all street sweeping required for the City’s 2020-2023
Routine Street Sweeping Program, for the period December 1, 2019
through November 30, 2023, at the unit prices bid for $70.00 per lane mile
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for the final sweep associated with the City’s Leaf Pick-up Program and
$60.00 per lane mile for each of the three supplemental sweepings
performed each year; the final cost being based upon the Public Service
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 estimated costs and unit prices having been in fact
the sole bid received for this item; FURTHER, the Council does hereby
authorize the expenditure of the foregoing amounts from funds already
budgeted in Account No. 205-527-886-015 (Municipal Refuse Fund) for
this purpose; 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 bidder
and to do all other things necessary or incidental to the full performance
of this resolution.
#84-20 RESOLVED, that having considered a communication from
the City Engineer, dated February 6, 2020, submitted pursuant to Council
Resolution 784-82, approved by the Director of Public Works and
approved for submission by the Mayor, to which is attached various lists
of sidewalks requiring installation or replacement within three small target
areas, one located in Section 8, one along Farmington Road from Lyndon
Avenue to Schoolcraft Road, and one along Merriman Road from
Schoolcraft Road to Plymouth Road, along with scattered locations
throughout the City, said lists being incorporated herein by reference, in
connection with the 2020 Sidewalk Repair Program and for reasons stated
therein, the Council does hereby require the respective owners of lots and
premises referred to in said lists to install or to remove and replace
sidewalks at such premises, and the City Clerk is hereby requested to do
all things necessary to carry out the provisions of this resolution which is
made pursuant to Section 12.04.340 of the Livonia Code of Ordinances,
as amended; FURTHER, said notice shall set forth that the respective
owners of lots and premises herein referred to shall complete said
sidewalk work no later than June 12, 2020, after which date the
Engineering Division shall arrange for the construction and/or
reconstruction of the said sidewalks; FURTHER, the Council does hereby
authorize the construction and/or reconstruction of various sections of
sidewalks and crosswalks at several locations within the City inasmuch as
the same are the City’s responsibility.
#85-20 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 29, 2020, which transmits
its resolution #01-14-2019, adopted on January 28, 2020, with regard to
Petition 2019-12-08-16 submitted by N.C. Designers & Contracting Inc.
requesting approval to construct an addition and remodel the interior and
exterior of the existing gas station (Shell) located on the southwest corner
of Six Mile and Farmington Roads (33411 Six Mile Road), in the Northeast
¼ of Section 16, the Council does hereby concur in the recommendation
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of the Planning Commission and Petition 2019-12-08-16 is hereby
approved and granted, subject to the following conditions:
1. The Site Plan identified as Sheet SP-2 dated January 21, 2020, as
revised, prepared by N.C. Designers & Contracting Inc., is hereby
approved and shall be adhered to.
2. This approval is subject to the petitioner being granted variances
from the Zoning Board of Appeals for building setback and parking
deficiencies.
3. All parking spaces, except the required barrier free parking, shall
be striped at ten feet (10’) wide by twenty feet (20’) in length as
required, and the number and location of the barrier free parking
space(s) shall be provided at the direction of the Inspection
Department.
4. The Landscape Plan identified as Sheet LP-1 dated January 18,
2020, as revised, prepared by Nagy Devlin Land Design, L.L.C.., is
hereby approved and shall be adhered to.
5. All disturbed lawn areas, including road rights-of-way, shall be
sodded in lieu of hydroseeding.
6. Underground sprinklers are to be provided for all landscaped and
sodded areas including the rights-of-way, and all planted materials
shall be installed to the satisfaction of the Inspection Department
and thereafter permanently maintained in a healthy condition.
7. The Exterior Building Elevation Plan showing the west and east
elevations identified as A-2 dated December 11, 2019, prepared by
N.C. Designers & Contracting Inc., is hereby approved and shall be
adhered to.
8. The Exterior Building Elevation Plan showing the north and south
elevations identified as A-3 dated January 21, 2020, as revised,
prepared by N.C. Designers & Contracting Inc., is hereby approved
and shall be adhered to, except that a window shall be added to
the north side of the building.
9. All roof-mounted mechanical equipment shall be concealed from
public view on all sides by the parapet walls of the building, and all
ground-mounted equipment shall be concealed with the use of
masonry screen walls as approved by the Inspection Department,
and the dumpster enclosure shall be painted to match the building.
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10. Any new light fixtures shall not exceed a height of twenty feet (20’)
from grade at the base of the light and shall be aimed and shielded
to minimize stray light trespassing across property lines or on
adjacent roadways.
11. No outside storage, placement or display of merchandise shall be
permitted, except this condition shall not apply to the display, on
the pump islands only, of products pursuant to Section 11.03(a)(12)
of the Zoning Ordinance.
12. Pursuant to Section 11.03(a)(13), free air shall be provided and
dispensed at the point of service without having to enter the station
or perform any extra action to obtain the air without charge.
13. Vacuum equipment or the outdoor placement/storage of propane
cylinder storage units is not allowed.
14. The sale of ice shall be restricted to the inside of the building.
15. Only conforming signs are approved as part of this petition, and
any additional signs shall be separately submitted for review and
approval by the Zoning Board of Appeals.
16. No part of the pump island canopy fascia, except for signage, shall
be illuminated, and no LED lightband or exposed neon is allowed
on any part of the building, including around the windows or on the
overhead canopies.
17. 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.
18. The specific plans referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building
permits are applied for; and,
19. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council,
and unless a building permit is obtained, this approval shall be null
and void at the expiration of said period.
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A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Bahr, White, McCullough, Donovic, Jolly, Toy and McIntyre
NAYS: None
The President declared the resolutions adopted.
Bahr gave First Reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 170 OF TITLE 5,
CHAPTER 03, (GENERAL LICENSING PROCEDURE), TO THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk, and is the same as if word for word repeated herein.
White gave First Reading to 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, A AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTION 3. _____ THERETO.
The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk, and is the same as if word for word repeated herein.
A communication from the Office of the Treasurer, dated February 28,
2020, re: payment in full of the delinquent property taxes for 29550 Wentworth
Street, was received and placed on file for the information of the Council.
On a motion by Toy, supported by Bahr, and unanimously adopted, it was:
#86-20 RESOLVED, that having considered a communication from
the City Engineer, dated January 29, 2020, approved for submission by
the Mayor, to which is attached a letter from Raymond Hurley, dated
January 26, 2020, requesting a waiver of the sidewalk requirement in front
of the newly constructed home located at 29550 Wentworth, in the S.E. ¼
of Section 14, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no detrimental
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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.
A communication received from the Office of the Treasurer, dated
February 28, 2020, reflecting payment in full of the delinquent property taxes for
33600 Seven Mile Road, was received and placed on file for the information of
the Council.
On a motion by McCullough, supported by Bahr, it was:
#87-20 RESOLVED, that having considered a communication from
Renis Nushaj, Esq., Goetz Nushaj, P.L.L.C., dated January 15, 2020, on
behalf of Jennifer Hsien Lee of T’s Wellness, wherein a request is
submitted to transfer the waiver use approval in response to Petition 2009-
11-02-16 submitted by Tomii Chinese Accupressure, which petition was
approved by City Council on February 10, 2010, pursuant to Council
Resolutions 53-10 and 243-17, to operate a massage establishment on
property located on the north side of Seven Mile Road, between
Farmington Road and Norwich Road (33600 Seven Mile Road), in the
Southeast 1/4 of Section 4, the Council does hereby approve the request
to transfer waiver use approval to operate a massage establishment on
property located on the north side of Seven Mile Road, between
Farmington Road and Norwich Road (33600 Seven Mile Road) from Tomii
Chinese Accupressure, 23291 Crystal, Clinton Township, MI 48306 to the
new owner,Jennifer Hsien Lee, 33600 W. Seven Mile Road, Livonia, MI
48152, subject to the following conditions:
1. That this facility shall comply with all of the special waiver use
standards and requirements pertaining to massage establishments
as set forth in Section 10.03(m) 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. 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 to a new user only upon the approval of the new user
by the City Council.
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A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Bahr, White, McCullough, Donovic and McIntyre
NAYS: Jolly and Toy
The President declared the resolution adopted.
On a motion by Toy, supported by Bahr, and unanimously adopted,
it was:
#88-20 RESOLVED, that the Council does hereby
suspend their rules for procedure as outlined in CR 574-82 so as
to permit consideration of items that do not appear on the Agenda.
On a motion by Toy, supported by McCullough, and unanimously adopted,
it was:
#89-20 RESOLVED, that having considered a communication from
Council President Kathleen McIntyre, dated March 2, 2020, wherein it is
requested that Council Resolution 13-20, adopted on January 15, 2020,
be amended to replace Councilmember Cathy White with Councilmember
Jim Jolly as the Council Representative of the Board of Trustees of the
Livonia Employees Retirement System, the Council does hereby amend
and revise Council Resolution 13-20 so as to read as follows:
(Designation of Council representative to the Board of Trustees of
the Livonia Employees Retirement System)
RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated January 6,
2020, submitted pursuant to Council Resolution 498-05, with
regard to the Retirement Board of Trustees, the Council does
hereby determine to designate Jim Jolly as the official
representative and voting representative of the Board of Trustees
of the Livonia Employees Retirement System on a continuing
basis, or until further order of this Council by council resolution.
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On a motion by Toy, supported by Jolly, and unanimously adopted, this
1,892nd Regular Meeting of the Council of the City of Livonia was adjourned at
8:16 p.m. on March 11, 2020.
_____________________
Susan M. Nash, City Clerk