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HomeMy WebLinkAbout2020-10-19 41469 REV. 11-4-20 MINUTES OF THE ONE THOUSAND NINE HUNDRED SEVENTH REGULAR MEETING OF OCTOBER 19, 2020 On October 19, 2020, the above meeting was called to order via remote Zoom technology 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 (Livonia, Michigan), Cathy White (Livonia, Michigan), Brandon McCullough (Livonia, Michigan) , Rob Donovic (Deployed), Jim Jolly (Livonia, Michigan), and President Kathleen McIntyre (Livonia, Michigan). Absent: Laura Toy. 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; Mike Slater, Director of Finance; LaShawn Thomas, Director of Legislative Affairs; Sara Kasprowicz, Administrator of Council Office; Casey O'Neil, Director of Information Systems; and Dave Varga, Director of Administrative Services. On a motion by White, supported by Jolly, and unanimously adopted, it was- #297-20 RESOLVED, that the minutes of the 1,906t" Regular Meeting of Council held October 5, 2020 are approved as presented. Councilmember McCullough congratulated his wife Kacie who was newly appointed to the Library Commission. President McIntyre wished Casey O'Neil, Director of Information Systems, a happy birthday. She then stated there is New Data on Item 10. 41470 Regular Meeting Minutes of October 19, 2020 President McIntyre reminded everyone that October is Breast Cancer Awareness month and the importance of getting a yearly mammogram. Councilmember White, as Parliamentarian of Council, reviewed the rules of order for Audience Communication. City Attorney Bernier stated that a new Executive Order had been put in place for Zoom Meetings and participants to state their location while in attendance. Roll call was taken again and Council stated their location which is reflected above. During Audience Communication the subject of a Citizen Review Board for the Police Department was addressed. On a motion by Jolly, supported by Bahr, it was- #298-20 RESOLVED, that having considered an application from Christina Engler, dated September 15, 2020, requesting permission to close Wisconsin Street, between Hubbard and Ohio, on Saturday, October 31, 2020, from 5:00 p.m. to 9:00 p.m. for the purpose of conducting a Halloween block trunk or treat party, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #299-20 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Service, dated September 16, 2020, which bears the signatures of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Boon Development, LLC d/b/a Sod Solutions, 14382 Sunbury, Livonia, MI 48154, for completing all work required in connection with the City's 2021- 2022 Right-of-Way Section Street Tree Trimming, Emergency Response and Emergency Removal Program, with a two (2) year extension at the City's discretion, for an annual cost not to exceed $350,000.00, based upon the Public Service Division's estimate of units involved and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize an annual expenditure in an amount not to exceed $350,000.00 for two budget years (2021 and 2022) from funds already budgeted in the Municipal Refuse Fund Contractual Services - Forestry (Account No. 205-527-818-045) for this purpose; FURTHER, in the event the low bidder is unable to satisfy the requirements of the contract, or a significant situation arises that necessitates additional resources, the Council does hereby accept the unit price bid of the second lowest bidder, Chop, 1505 Steele Avenue, SW, Grand Rapids, MI 49507 for an annual amount not to exceed $445,124.05; and the Mayor and City 41471 Regular Meeting Minutes of October 19, 2020 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. #300-20 RESOLVED, that having considered the report and recommendation from the Superintendent of Parks and Recreation, dated September 17, 2020, which bears the signature of the Finance Director and the City Attorney, and is approved for submission by the Mayor, requesting approval to enter into a contract with Tivity Health Services, LLC, 1445 South Spectrum Blvd., Chandler, AZ 85286, to provide Silver Sneaker memberships at the Jack E. Kirksey Recreation Center for eligible participants of the City of Livonia senior community, said memberships to be provided at no cost to the City and Tivity Health Services LLC to pay the City a fee of$2.50 per visit to the Jack E. Kirksey Recreation Center, with a monthly cap per person of $20/month, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed contract with Tivity Health Services, LLC in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. #301-20 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated September 18, 2020, which bears the signature of the City Attorney and is approved for submission by the Mayor, and the resolution of the Historic Preservation Commission (the "Commission"), adopted October 7, 2020, approving pursuit of Certified Local Government ("CLG") status through the Michigan State Historic Preservation Office (MSHPO) so as to promote historic preservation and qualify the City of Livonia to apply to MSHPO for grants set aside exclusively for CLGs, the Council does hereby concur in the Commission's resolution and approves the pursuit of CLG status, and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute and submit an application to MSHPO requesting CLG certification and to do all other things necessary or incidental to the full performance of this resolution. #302-20 RESOLVED, that having considered a communication from the Department of Law, dated September 22, 2020, approved for submission by the Mayor, to which is attached a proposed Memorandum of Understanding between the City of Livonia and Growth Works, Inc., commencing October 1, 2020 and reviewed for renewal on or about September 20, 2021, to provide services for the Youth Assistance Diversion Program to be funded by the State of Michigan (MDHHS Child Care Fund) and Wayne County millage funds administered by the Conference of Western Wayne, the Council does, for and on behalf of the 41472 Regular Meeting Minutes of October 19, 2020 City of Livonia, authorize the Mayor and City Clerk to execute said Memorandum of Understanding in the manner and form herein submitted and to do all other things necessary or incidental to the full performance of this resolution. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Bahr, White, McCullough, Donovic, Jolly and McIntyre NAYS: None The President declared the resolutions adopted. The City of Livonia Preliminary Budget Documents for Fiscal Year 2020- 2021, received on September 15, 2020, were received and placed on file for the information of the Council. Vice President Bahr, as Chair of the Finance and Budget Committee, reported out on the meeting of September 23, 2020. Public comment was opened. On a motion by White, supported by Bahr, and unanimously adopted, it was: #303-20 RESOLVED, that upon a motion by White, supported by Bahr, and unanimously adopted, additional time was granted for public comment . On a motion by McCullough, supported by White, and unanimously adopted, it was- #304-20 RESOLVED, that the Council hereby determines that the annual budget for the fiscal year as submitted by the Mayor for the next fiscal year commencing December 1, 2020, and ending November 30, 2021, as shown in the budget document in Section i, submitted by the Mayor to the Council on September 15, 2020, pursuant to Section 3, Chapter VII of the City Charter, be and hereby is determined and adopted, provided, however, for the monthly reports to the Council, the amounts as shown in Sections III and IV should be used for comparative reporting purposes, and Council approval is required for any modification to the 41473 Regular Meeting Minutes of October 19, 2020 amounts shown in Section I, and that all proceedings on said Budget be and hereby are approved as being in full conformance with the City Charter, a public hearing having been held on October 7, 2020, after proper notice being published in the Livonia Observer and Eccentric, the official newspaper of the City, on September 24, 2020, and provided further that the City Clerk shall publish or cause to be published this resolution together with a summary of said Budget as adopted herein, together with the minutes of this meeting. On a motion by McCullough, supported by White, and unanimously adopted, it was- #305-20 RESOLVED, that pursuant to Section 5, Chapter VII and Section 1 of Chapter VIII of the Charter of the City of Livonia, the Council does hereby establish a tax levy of 4.0054 mills, of the taxable valuation of all real and personal property subject to taxation in the City of Livonia for the next fiscal year commencing December 1, 2020, and ending November 30, 2021, and in addition to the above amount which is authorized to be levied for general purposes by the Charter of the City of Livonia: (a) The Council does hereby establish a tax levy of .8008 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police protection and law enforcement personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (b) The Council does hereby establish a tax levy of 1.2015 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for fire, police and snow removal personnel, equipment, supplies and facilities of the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (c) The Council does hereby establish a tax levy of 1.6834 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for police and fire personnel and support costs in the City of Livonia, in addition to the amount authorized to be levied for general municipal purposes; 41474 Regular Meeting Minutes of October 19, 2020 (d) The Council does hereby establish a tax levy of .8008 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for library services, supplies and facilities in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (e) The Council does hereby establish a tax levy of .0113 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to the provisions of Act 359 of the Public Acts of 1925, for the purpose of advertising, exploiting and making known the industrial and commercial advantages of the City of Livonia and to establish projects for the purpose of encouraging immigration to, and increasing the trade, business and industries of the City of Livonia; in addition to the amount which is authorized to be levied for general municipal purposes; (f) The Council does hereby establish a tax levy of .7777 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for a community recreation center, recreation personnel, equipment, supplies, facilities and operations; in addition to the amount authorized to be levied for general municipal purposes; (g) The Council does hereby establish a tax levy of .8805 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for repairing or replacing public roads, sidewalks and trees in the City of Livonia; in addition to the amount to be levied for general municipal purposes; (h) The Council does hereby establish a tax levy of .4950 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year set out above, for the purpose of providing additional revenues for the City's community transit program and capital improvements within the City of Livonia; in addition to the amount to be levied for general municipal purposes; (i) The Council does hereby establish a tax levy of .2474 mills, of the Taxable Valuation of all ready and personal property subject to taxation in the City of Livonia for the fiscal year set out above, pursuant to Section 1 of Chapter VIII of the Charter of the City of Livonia, for the purpose of providing additional revenues for staff, maintenance, and; support costs for cultural and senior services in the City, including the Livonia Senior 41475 Regular Meeting Minutes of October 19, 2020 Center and Greenmead Historical Village, in addition to the amount authorized to be levied for general municipal purposes; (j) The Council does hereby establish a tax levy of 1.9030 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year commencing December 1, 2020 and ending November 30, 2021, pursuant to the provisions of Act 298 of the Public Acts of 1917, for the purpose of establishing, operating, maintaining and administering the Municipal Garbage Collection System and/or plant for the collection and disposal of garbage and refuse in the City of Livonia; in addition to the amount authorized to be levied for general municipal purposes; (k) The Council does hereby establish a tax levy of .4919 mills, of the Taxable Valuation of all real and personal property subject to taxation in the City of Livonia for the fiscal year commencing December 1, 2020 and ending November 30, 2021, for the purpose of defraying City expenses and liabilities for the collection and disposal activities required for curbside recycling and yard waste composting programs; in addition to the amount authorized to be levied for general municipal purposes; (1) The Council does hereby establish a tax levy of 2.0000 mills to be due and payable on July 1, 2021, of the Taxable Valuation of all real and personal property located within the Plymouth Road Development Authority, subject to taxation in the City of Livonia for the fiscal year commencing December 1, 2020 and ending November 30, 20217 pursuant to the provisions of Act 197 of the Public Acts of 1975, for the purpose of providing revenues for obligations and operations of the Plymouth Road Development Authority, in addition to the amount to be levied for general municipal purposes. This millage shall be effective provided that all residential properties are first removed from the Plymouth Road Development Authority district; AND PROVIDED FURTHER, that the Wayne County Bureau of Taxation, City Assessor, City Treasurer and City Clerk are hereby authorized and directed to do all things necessary or incidental to the full performance of this resolution, and the City Clerk is hereby requested to immediately transmit copies of this resolution to each of the above offices. On a motion by Jolly, supported by Donovic, it was- #306-20 RESOLVED, that having considered a communication from the City Planning Commission, dated August 19, 2020, which transmits its resolution 08-35-2020, adopted on August 18, 2020, with regard to Petition 2020-07-01-03, submitted by Leo Soave Building Company, Inc., to rezone the property at 37855 Lyndon Avenue (former Webster Elementary School site), located on the south side of Lyndon Avenue 41476 Regular Meeting Minutes of October 19, 2020 between Newburgh and Hix Road, in the Southeast '/4 of Section 19, from PL (Public Land) to R-1, (One Family Residential - 60' x 120' Lots), and the Council having conducted a public hearing with regard to this matter on Monday, September 28, 2020, the Council does hereby approve Petition 2020-07-01-03, for preparation of the ordinance for submission to council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. A roll call vote was taken on the foregoing resolution with the following result: AYES: Bahr, White, McCullough, Donovic and McIntyre NAYS: Jolly The President declared the resolution adopted. On a motion by McCullough, supported by Bahr, and unanimously adopted, it was- #307-20 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 2020, approved for submission by the Mayor, which transmits its resolution #09-50-2020, adopted on September 22, 2020, with regard to Petition 2020-07-02-06, submitted by Ed Buison, re: to operate a limited service restaurant with drive-up window facilities (Biggby Coffee) within the Livonia Crossroads retail center, located on the southeast corner of Middlebelt and Plymouth Road (11502 Middlebelt Road) in the Northwest '/4 of Section 36, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2020-07-02-06 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the maximum customer seating count for this restaurant shall not exceed a total of thirty (30) interior seats; 2. That the Site Plan dated September 11, 2020, prepared by Taylor Investment L.L.C. is hereby approved and shall be adhered to; 3. Before the issuance of a Certificate of Occupation, the shopping center's parking lot shall be repaired, resealed, and restriped in 41477 Regular Meeting Minutes of October 19, 2020 accordance with the above approved site plan. All parking spaces, except the required handicapped spaces, shall be doubled striped at ten feet (10') wide by twenty feet (20') in length; 4. That the Landscape Planting Plan identified as LP-1, dated September 17, 2020, prepared by Nagy Devlin Land Design is hereby approved and shall be adhered to; 5. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 6. 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; 7. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building oraround the windows; 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits; and 9. 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 (1) 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. On a motion by McCullough, supported by Jolly, and unanimously adopted, it was- #308-20 RESOLVED, that having considered a communication from the City Planning Commission, dated September 23, 2020, approved for submission by the Mayor, which transmits its resolution #09-47-2020, adopted on September 22, 2020, with regard to Petition 2020-08-02-07, submitted by Matthew Petrocy, on behalf of Mt. Hope Memorial Gardens Cemetery, re: to construct a mausoleum in the cemetery located on the east side of Middlebelt Road between Six Mile Road and Pickford Avenue (17840 Middlebelt Road) in the Southwest '/4 of Section 12, and a communication from Mitchell P. O'Connor, P.E., Chippewa Consulting, dated September 29, 2020, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2020-08-02-07 is hereby approved and granted, subject to the following conditions: 41478 Regular Meeting Minutes of October 19, 2020 1. That the location of the mausoleum shall be in accordance with both the Cemetery Plan & Vicinity Map, dated July 15, 2020, as revised, prepared by Matthews Gibraltar Mausoleum & Construction Company and the Site Plan dated May 13, 2020, as revised, prepared by Chippewa Consulting; 2. That the Elevations Plan dated July 15, 2020, as revised, prepared by Matthews Gibraltar Mausoleum & Construction Company, is hereby approved, and shall be adhered to; 3. That all rooftop mounted mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material, and color to other exterior materials on the building; 4. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 5. That prior to the City Council meeting, the Petitioner shall submit a restoration plan and schedule for the southeast corner of the property that involves removing the mound(s) of spoils and revegetating the area and also includes specific timelines for completing the work; 6. That Petitioner shall obtain a Soil Erosion and Sedimentation Control (SESC) Permit from the Engineering Department prior to the issuance of a building permit for the construction of the mausoleum which requires posting a soil erosion and sedimentation control bond, in an amount not less than $1,200.00, and pay plan and inspection fees in an amount not less than $525.00, the final amount to be determined by the City Engineer, in connection with said restoration to be completed on or before August 31, 2021; 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 (1) 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. A communication from the Department of Law, with proposed amendments to Livonia Zoning Ordinance No. 543, re: Petition 2020-07-06-01, was received and placed on file for the information of the Council. 41479 Regular Meeting Minutes of October 19, 2020 Bahr gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 2.10 OF ARTICLE II OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" 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. Bahr invoked the Emergency Clause, and a second reading and roll call was given on the foregoing ordinance with the following result: AYES: Bahr, White, McCullough, Donovic, Jolly and McIntyre NAYS: None The President declared the ordinance adopted and become effective upon publication in the newspaper. Bahr gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 4.12 TO ARTICLE IV OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" 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. Bahr invoked the Emergency Clause, and a second reading and roll call was given on the foregoing ordinance with the following result: AYES: Bahr, White, McCullough, Donovic, Jolly and McIntyre NAYS: None The President declared the ordinance adopted and become effective upon publication in the newspaper. 41480 Regular Meeting Minutes of October 19, 2020 Bahr gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 5.15 TO ARTICLE IV OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" 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. Bahr invoked the Emergency Clause, and a second reading and roll call was given on the foregoing ordinance with the following result: AYES: Bahr, White, McCullough, Donovic, Jolly and McIntyre NAYS: None The President declared the ordinance adopted and become effective upon publication in the newspaper. Bahr gave first reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 16.02 TO ARTICLE XVI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE" 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. Bahr invoked the Emergency Clause, and a second reading and roll call was given on the foregoing ordinance with the following result: AYES: Bahr, White, McCullough, Donovic, Jolly and McIntyre NAYS: None The President declared the ordinance adopted and become effective upon publication in the newspaper. On a motion by Jolly, supported by Donovic, and unanimously adopted it was: 41481 Regular Meeting Minutes of October 19, 2020 #309-20 RESOLVED, that having considered an application from Visar Gjectaj, dated October 2, 2020, requesting permission to close Mallory Drivee in the Heritage Square Subdivision, on Saturday, October 31, 2020, from 5:00 p.m. to 10:00 p.m., for the purpose of conducting a Halloween trick or treat 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 Bahr, supported by Jolly, and unanimously adopted, it was: #310-20 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 1, 2020, approved by the Director of Public Works and approved for submission by the Mayor, the Council does hereby authorize the release to Leo Soave Building, Inc., 37771 Seven Mile Road, Suite C, Livonia, MI 48152, the proprietor of Mystic Creek Site Condominiums, located in the Southwest 1/4 of Section 9 (18000, 18040 and 18080 Wayne Road), the financial assurances previously deposited pursuant to Council Resolution 197-17, adopted on June 5, 2017, specifically: a) General Improvement Bond $29,457.00 (all cash) b) Sidewalk Bond $ 2,200.00 (all cash) c) Entrance Markers/Landscaping Bond $ 3,500.00 (all cash) d) Monuments & Markers Bond $ 1,000.00 (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. AUDIENCE COMMUNICATION None heard. On a motion by Jolly, supported by Bahr unanimously adopted, this 1,907th Regular Meeting of the Council of the City of Livonia was adjourned at 8:35 p.m. on October 19, 2020. 41482 Regular Meeting Minutes of October 19, 2020 Susan M. Nash, City Clerk