HomeMy WebLinkAboutCOUNCIL MINUTES 2014-11-0539207
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND SIXTY-FOURTH
REGULAR MEETING OF NOVEMBER 5, 2014
On November 5, 2014, the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by Vice President Meakin
at 7:00 p.m. Councilperson Toy led the meeting in the Invocation.
Roll was called with the following result: Laura Toy, Lynda Scheel, Susan
Nash, Brandon Kritzman, John Pastor and Vice President Brian Meakin. Absent:
President Maureen Miller Brosnan.
Elected and appointed officials present: Mark Taormina, City Planner; Todd
Zilincik, City Engineer; Judy Priebe, Director of Legislative Affairs; Terry Marecki, City
Clerk; Don Knapp, City Attorney; and Mayor Jack Kirksey.
was:
was:
On a motion by Toy, seconded by Kritzman, and unanimously approved, it
#325-14 RESOLVED, that the Minutes of the 1,763rd Regular Meeting
of the Council held October 20, 2014, are hereby approved as submitted.
On a motion by Pastor, seconded by Scheel, and unanimously approved, it
#326-14 RESOLVED, that the Minutes of the 249th Special Meeting of
the Council held October 22, 2014, are hereby approved as submitted.
Vice President Meakin wished President Brosnan a speedy recovery from
her surgery. He also announced that there is new data on Items #9, #15 and #16.
Lynda Scheel congratulated the winners of Tuesday's election and all who
ran. She also wished a Happy 35th Anniversary to her husband, Doug.
John Pastor congratulated Clerk Marecki on her success in running for
Wayne County Commissioner. He also sent 25th Anniversary wishes to John and Janice
Walsh.
Vice President Meakin stated that the Friends of Greenmead have three
upcoming events; their Christmas Walk on Saturday, December 6th from 10:00 a.m. to
4:00 p.m.. There is also the December Tours and Concerts being held on December 7th
Regular Meeting Minutes of November 5, 2014
14th and 21St at the Simmons Hill House and a Visit with Santa Claus on Sunday
December 14th from 1:00 p.m to 4:00 p.m. at Greenmead.
During Audience Communication Melissa Henley and Wendi Murray, as
representatives of the Sarah Estates Homeowners Association, expressed their concerns
with the new construction being proposed by Infinity Homes adjacent to Sarah Estates.
They cited their reasons and indicated the MDEQ is currently looking at the project. They
requested to be kept abreast of the plans concerning the property.
Claudia Stanton, 19658 Melvin, Livonia, 48152, reiterated her complaints
about the refrigerated trucks at Walmart that are constantly running and disrupting her
sleep at all hours of the night.
On a motion by Pastor, supported by Scheel, it was:
#327-14 RESOLVED, that having considered a communication from
the Mayor, dated October 3, 2014, the Council does hereby approve of and
concur in the reappointment of Jack Engebretson, 18871 Comstock,
Livonia, Michigan 48152, to the Livonia Brownfield Redevelopment
Authority for a term of three years, which will expire on November 24, 2017.
#328-14 RESOLVED, that having considered a communication from
the Mayor, dated October 3, 2014, the Council does hereby approve of and
concur in the reappointment of Joe Taylor, 36734 Sunnydale, Livonia,
Michigan 48154, to the Livonia Brownfield Redevelopment Authority for a
term of three years, which will expire on November 24, 2017.
#329-14 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
September 25, 2014, 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 Rain Bird Irrigation Products for Idyl Wyld Golf
Course from sole supplier, Automatic Irrigation Supply Company, 116
Shadowlawn Drive, Fishers, IN 46038, in the amount of $45,199.09, in order
to better monitor the amount of water used and make the process more
efficient; FURTHER, the Council does hereby authorize the expenditure of
a sum not to exceed $45,199.09 from funds available in Capital
Improvement Account No. 409-000-974-102 for this purpose; FURTHER,
the Council does hereby authorize the single sourced purchase without
competitive bidding, as Automatic Irrigation Supply Company is the sole
distributor and source for Rain Bird Irrigation products for the State of
Michigan, per Code of Ordinances Section 3.04.140.D.3.
#330-14 RESOLVED, that having considered the report and
recommendation of the Director of Emergency Preparedness, dated
October 1, 2014, which bears the signature of the Fire Chief, Chief of Police,
and City Attorney, and is approved for submission by the Mayor, to which is
attached a Memorandum of Understanding between the Wayne County
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Regular Meeting Minutes of November 5, 2014
Department of Public Health and the City of Livonia, authorizing the City of
Livonia to become a Closed Point of Dispensing (Closed POD) to ensure
that the City maintains continuity of government during an event that
jeopardizes the health and welfare of its citizens by enabling the City to
acquire and provide the required medication/medical supplies needed; the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute this memorandum of understanding subject
to the review and approval of the Law Department, and to do all other things
necessary or incidental to the full performance of this resolution.
#331-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 3, 2014, which bears
the signature of the Director of Public Works and the Director of Finance,
and is approved for submission by the Mayor, the Council does hereby
approve the 2015 Road Repair Program as proposed by the Department of
Public Works, reviewed by the Citizens Advisory Committee on Roads for
the third year of the ten-year road paving millage approved by Livonia
residents, and shown in the attachment of that report.
#332-14 RESOLVED, that having considered the report and
recommendation of the Chairman of the Water and Sewer Board, dated
October 15, 2014, which bears the signature of the Director of Finance, is
approved by the Superintendent of Public Services -Environment and
Utilities and approved for submission by the Mayor, and having further
considered the report and recommendation of the City Engineer, dated
October 13, 2014, which bears the signature of the Director of Finance, is
approved by the Director of Public Works and approved for submission by
the Mayor, and having further considered a communication from the
Director of Public Works and the Superintendent of Public Services -
Environment and Utilities, dated October 2, 2014, approved by the Mayor,
the Council does hereby accept the quotation of Bidigare Contractors, Inc.,
P.O. Box 700464, Plymouth, MI 48170, to perform emergency repair and
replacement of a 12 -inch public water main at Schoolcraft College located
at 18600 Haggerty Road, Livonia, MI 48152, in the amount of $139,251.43,
without competitive bidding pursuant to Code of Ordinances Section
3.04.140.d.1; FURTHER, the Council does hereby authorize an additional
appropriation and expenditure in an amount not to exceed $139,251.43
from the Water & Sewer Fund (Account No: 592 -158 -000 -Construction in
Progress) for this purpose, and the City Engineer is hereby authorized to
approve any minor adjustments in the work as required; and the Mayor and
City Clerk are hereby authorized to execute a contract 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.
#333-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 26, 2014, which transmits
its Resolution No. 09-52-2014, adopted on September 23, 2014, with regard
to Petition 2014-09-08-12 submitted by Triumph Building Company, L.L.C.,
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Regular Meeting Minutes of November 5, 2014
requesting amendment to the site plan in connection with a previously
approved site condominium development (Cade Meadows), on property
located on the south side of Ann Arbor Trail, between Newburgh Road and
Dowling Avenue, (36905 Ann Arbor Trail) in the Northwest 1/4 of Section
32, pursuant to the provisions set forth in Section 18.62 of Ordinance 543,
as amended, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2014-09-08-12 is hereby approved and
granted, subject to the following conditions:
1. That the final recorded copy of the Master Deed and Bylaws shall
comply with the requirements of the Subdivision Control Ordinance, Title
16, Chapter 16.04-16.40 of the Livonia Code of Ordinance, and Article XX,
Section 20.01-20.06 of Zoning Ordinance #543, and that all building and
use restrictions shall be in accordance with the previously approved
restrictions for Cade Meadows and Dinallo Estates, including the following:
- That the first floor of each condominium unit shall be brick or stone,
on all four (4) sides;
- That the total amount of brick or stone on each two-story unit shall
not be less than 65% and not less than 80% on one-story dwellings;
- That all exterior chimneys shall be brick; and
That the brick used in the construction of each unit shall be full face
four inch (4") brick;
2. That streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Department unless
waived by City Council;
3. In the event of a conflict between the provisions set forth in the
Master Deed and bylaws and the requirements set forth in the City of
Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance
requirements shall prevail and petitioner shall comply with the Zoning
Ordinance requirements;
4. That the petitioner shall include language in the Master Deed and
bylaws or a separate recordable instrument wherein the condominium
association shall reimburse the City of Livonia for any maintenance or repair
costs incurred for the storm water detention/retention and outlet facilities,
and giving the City of Livonia the right to impose liens on each lot owner's
property prorata and place said charges on their real estate tax bills in the
event said charges are not paid by the condominium association (or each
lot owner) within thirty (30) days of billing for the City of Livonia;
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Regular Meeting Minutes of November 5, 2014
5. That the Site Plan submitted by GLA Surveyors & Engineers with a
revised date of September 16, 2014, is hereby approved and shall be
adhered to,
6. That Council Resolution #82-07 in connection with the approval of
the Landscape Plan for Cade Meadows, dated January 12, 2007, prepared
by South Hill Construction Co., shall be complied with as it applies to the
new site plan;
7. That only a conforming entrance marker is approved with this
petition, and any additional signage shall be separately submitted for review
and approval by the Zoning Board of Appeals;
8. That the Planning Commission recognizes the lot width deficiency for
Unit #10 and that a variance was previously granted for the corner lot across
the street, which is now conforming, and has no objections to the latest plan
which reduces the amount of the variance;
9. That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia, and/or the
State of Michigan;
10. That the Site Plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time the building permits are
applied for; and
11. That all required cash deposits, certified checks, irrevocable bank
letters of credit and/or surety bonds which shall be established by the City
Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of
the ordinance, shall be deposited with the City prior to the issuance of
engineering permits for this site condominium development.
A roll call vote was taken on the foregoing resolutions with the following results:
Ordinance:
AYES: Toy, Scheel, Nash, Kritzman, Pastor and Meakin
NAYS: None
Pastor took from the table, for second reading and adoption, the following
AN ORDINANCE AMENDING SUBSECTION (p) OF SECTION 11.03 OF
ARTICLE XI OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND
CITED AS "THE CITY OF LIVONIA ZONING ORDINANCE."
A roll call vote was taken on the foregoing Ordinance with the following result:
Regular Meeting Minutes of November 5, 2014 39212
AYES: Toy, Scheel, Nash, Kritzman, Pastor and Meakin
NAYS: None
The Vice President declared the foregoing Ordinance duly adopted, and would become
effective on publication.
A communication from the Department of Law, dated October 21, 2014, re:
Petition 2008-11-06-04 proposed amendment to Section 11.03 of Article XI of the Livonia
Zoning Ordinance was received and placed on file for the information of the Council.
Scheel gave first reading to the following Ordinance:
AN ORDINANCE ADDING SUBSECTION (w) of SECTION11.03 OF
ARTICLE XI OF ZONING 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. The above
Ordinance was placed on the table for consideration at an upcoming Regular meeting.
Scheel stepped down from the podium at 7:18 p.m. to avoid any perceived conflict of
interest.
On a motion by Toy, seconded by Pastor, it was:
#334-14 RESOLVED, that having considered a communication from
the Mayor, dated October 3, 2014, the Council does hereby approve of and
concur in the reappointment of Lynda Scheel, 19980 Mayfield, Livonia,
Michigan 48152, to the Livonia Brownfield Redevelopment Authority for a
term of three years, which will expire on November 24, 2017.
A roll call vote was taken with the following result.-
AYES:
esult:
AYES: Toy, Nash, Kritzman, Pastor, and Meakin
NAYS: None.
Christopher Martin expressed his feelings about Councilmembers serving
on other boards during their tenure on Council.
Scheel returned to the podium at 7:21. p.m.
Regular Meeting Minutes of November 5, 2014
39213
Kritzman stepped down from the podium at 7:21 p.m. to avoid any perceived conflict of
interest.
On a motion by Toy, seconded by Pastor, it was:
#335-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 10, 2014, which bears
the signature of the Director of Finance and the City Attorney, is approved
by the Director of Public Works and is approved for submission by the
Mayor, to which is attached a letter from OHM Advisors, dated October 8,
2014, enclosing a proposed Contract Amendment between the City of
Livonia and Orchard, Hiltz & McCliment, Inc. (OHM Advisors), the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the attached QBS contract amendment between
the City of Livonia and Orchard, Hiltz & McCliment, Inc. (OHM ADVISORS),
34000 Plymouth Road, Livonia, Michigan 48150, to provide design services
and construction engineering services for the 2015 Asphalt Road Program
in an amount not to exceed $207,500.00 ($67,300.00 for design engineering
and $140,200.00 for construction engineering); FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$207,500.00 from funds budgeted in the Road, Sidewalk and Tree Fund
(Account No. 204-441-818-102) for this purpose; and the City Engineer is
hereby authorized to approve minor adjustments in the work, as it becomes
necessary.
A roll call vote was taken with the following result.-
AYES.-
esult:
AYES: Toy, Scheel, Nash, Pastor, and Meakin
NAYS: None.
On a motion by Scheel, seconded by Pastor, it was:
#336-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 10, 2014, which bears
the signature of the Director of Finance and the City Attorney, is approved
by the Director of Public Works and is approved for submission by the
Mayor, to which is attached a letter from Anderson, Eckstein and Westrick,
Inc., dated October 10, 2014, enclosing a proposed Contract Amendment
between the City of Livonia and Anderson, Eckstein and Westrick, Inc., the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the city of Livonia, to execute the attached QBS Contract amendment
between the City of Livonia and Anderson, Eckstein and Westrick, Inc.,
51301 Schoenherr Road, Shelby Township, MI 48315, to provide design
services and construction engineering services for the 2015 Concrete Road
Program in an amount not to exceed $396,470.00 ($124,605.00 for design
engineering and $271,865.00 for construction engineering); FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
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Regular Meeting Minutes of November 5, 2014
$396,470.00 from funds budgeted in the Road, Sidewalk and Tree Fund
(Account No. 204-441-818-102) for this purpose; and the City Engineer is
hereby authorized to approve minor adjustments in the work, as it becomes
necessary.
A roll call vote was taken with the following result:
AYES: Toy, Scheel, Nash, Pastor, and Meakin
NAYS: None.
On a motion by Pastor, seconded by Nash, it was:
#337-14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 10, 2014, which bears
the signature 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 letter from OHM Advisors, dated October 10, 2014,
enclosing a proposed Agreement between the City of Livonia and Orchard,
Hiltz & McCliment, Inc. (OHM Advisors), the Council does hereby authorize
the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
the attached QBS Contract between the City of Livonia and Orchard, Hiltz
& McCliment, Inc. (OHM ADVISORS), 34000 Plymouth Road, Livonia,
Michigan 48150, to provide design and construction engineering services
for the Drinking Water Revolving Fund (DWRF) Project No. 7356-01 —
Phase II Locations, FY 2015, in an amount not to exceed $1,315,000.00,
FURTHER, the Council does hereby authorize an additional appropriation
and expenditure in an amount not to exceed $1,315,000.00 from the
Unexpended Fund Balance of the Water and Sewer Fund, said amount to
be reimbursed to the Water and Sewer Fund from the proceeds of the 2015
Drinking Water Revolving Fund Revenue Bonds for this purpose; and the
City Engineer is hereby authorized to approve minor adjustments in the
work, as it becomes necessary.
A roll call vote was taken with the following result:
AYES: Toy, Scheel, Nash, Pastor, and Meakin
NAYS: None.
On a motion by Toy, seconded by Pastor, it was -
#338 -14 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 10, 2014, which
bears the signature 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 letter from OHM Advisors, dated October
10, 2014, enclosing a proposed Agreement between the City of Livonia
Regular Meeting Minutes of November 5, 2014
39215
and Orchard, Hiltz & McCliment, Inc. (OHM Advisors), the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City of
Livonia, to execute the attached QBS Contract between the City of Livonia
and Orchard, Hiltz & McCliment, INC. (OHM ADVISORS), 34000 Plymouth
Road, Livonia, Michigan 48150, to provide design and construction
engineering services for the Stormwater, Asset Management, and
Wastewater (SAW) Grant Program (Project No. 1441-01), in an amount
not to exceed $952,300.00; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $952,300.00 from funds already
budgeted in the Unexpended Fund Balance of the Water and Sewer Fund
for this purpose; and the City Engineer is hereby authorized to approve
minor adjustments in the work, as it becomes necessary.
A roll call vote was taken with the following result:
AYES: Toy, Scheel, Nash, Pastor, and Meakin
NAYS: None.
Kritzman returned to the podium at 7:24 p.m.
A communication from the Planning Commission, dated October 23, 2014,
re: updated map showing locations and names of all known secondhand stores and resale
shops in the City of Livonia, was received and placed on file for the information of the
Council.
On a motion by Toy, seconded by Pastor, and unanimously adopted, it was:
#339-14 RESOLVED, that having considered a communication from
the City Planning Commission, dated September 25, 2014, which transmits
its resolution 09-51-2014, adopted on September 23, 2014, with regard to
Petition 2014-08-02-11, submitted by Brian and Lisa Rich, requesting
waiver use approval to operate a second-hand store and resale shop (The
Children's Outlet) within the Merri-Five Retail Plaza, located on the north
side of Five Mile Road between Merriman Road and Henry Ruff Road
(31092 Five Mile Road) in the Southwest 1/4 of Section 14, which property
is zoned C-2, the Council does hereby concur in the recommendation
made by the City Planning Commission and Petition 2014-08-02-11 is
hereby approved and granted, subject to the following conditions:
1. That there shall be no outdoor sales, storage or display of
merchandise, and no storage of merchandise or other materials in any type
of temporary or portable unit, structure, trailer or donation receptacle;
Regular Meeting Minutes of November 5, 2014
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2. 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;
3. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
4. That the specific plan referenced in this approving resolution shall be
submitted to the Inspection Department at the time of application for
building permits, occupancy permits and zoning compliance permits;
5. 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; and
6. 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.
A communication from the Office of the City Council, dated October 21,
2014, re: changes in meeting dates from July 6, 2015 to July 8th, 2015 was received and
placed on file for the information of the Council.
was:
On a motion by Scheel, seconded by Nash, and unanimously adopted, it
#340-14 RESOLVED, that having considered a communication from
Council President Maureen Miller Brosnan, dated October 8, 2014, and a
subsequent communication from the Council Office, dated October 21,
2014, to which is attached a proposed schedule of Council Study and
Regular Meetings for the period January 1, 2015, through December 31,
2015, the Council does hereby approve the following dates for City Council
Meetings for 2015, subject to change with notice:
Study Meetings Regular Meetings
JANUARY
Monday, January 5 Monday, January 12
Monday, January 12 Wednesday, January 21
Regular Meeting Minutes of November 5, 2014
FEBRUARY
Wednesday, January 21 Monday, February 2
Monday, February 2 Wednesday, February 18
MARCH
Wednesday February 18 Monday, March 2
Monday, March 2 Monday, March 16
APRIL
Monday, March 16 Wednesday, April 1
Wednesday, April 1 Monday, April 20
MAY
Monday, April 20 Wednesday, May 6
Wednesday, May 6 Monday, May 18
JUNE
Monday, May 18 Monday, June 1
Monday, June 1 Monday, June 15
JULY
Monday, June 15 Wednesday, July 8
Wednesday, July 8 Monday, July 20
AUGUST
Monday, July 20 Wednesday, August 5
Wednesday, August 5 Monday, August 17
SEPTEMBER
Monday, August 17
Wednesday, September 9
Wednesday, September 9
Monday, September 21
OCTOBER
Monday, September 21
Monday, October 5
Monday, October 5
Monday, October 19
NOVEMBER
Monday, October 19
Wednesday, November 4
Wednesday, November 4
Monday, November 16
There was no Audience Communication at the end of the meeting.
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On a motion by Toy, seconded by Pastor, and unanimously adopted, this
1,764th Regular Meeting of the Council of the City of Livonia was adjourned at 7:26 p.m.
Regular Meeting Minutes of November 5, 2094 39218
Ter A. Marecki, City Clerk