HomeMy WebLinkAboutCOUNCIL MINUTES 2015-08-05 39471
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTY-SECOND
REGULAR MEETING OF AUGUST 5, 2015
On August 5, 2015 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by President
Brosnan at 7 00 p m Councilmember Nash led the meeting in the Pledge
Roll was called with the following result: Susan Nash, Brandon
Katzman, John Pastor, Brian Meakin, Laura Toy, Lynda Scheel and Maureen Miller
Brosnan Absent: None
Elected and appointed officials present: Mark Taormina, Planning
Department; Todd Zilincik, City Engineer; Don Knapp, City Attorney, Susan A.
Hoff, City Clerk, Judy Priebe, Director of Legislative Affairs, and Mayor Jack
Kirksey
On a motion by Toy, supported by Scheel, and unanimously adopted, it
was
#236-15 RESOLVED, that the Minutes of the 1,781st Regular
Meeting of the Council held July 20, 2015 are hereby approved as
submitted
President Brosnan announced there will be new data on Items 8 and 9
Pastor thanked all the voters who came out to the primary and
congratulated fellow Councilmembers Meakin, Nash and Scheel, as well as Dennis
Wright and the eight council candidates who made it through the primary
Nash sent congratulations out to the Livonia Junior Athletic League's U14
Pony Team who were one game short of winning the championship World Series
Katzman wished Happy 13th birthday to daughter Jacqueline
President Brosnan announced there will be two (2) Public Hearings being
held on Wednesday, September 2, 2015 at 7 00 p m in the Auditorium of the
Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan
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Regular Meeting Minutes of August 5, 2015
PETITION 2015-06-01-05 submitted by Grenn & Grenn, P C , on behalf of
C & L Development Corporation, to rezone the property located on the south
side of Seven Mile Road between Middlebelt Road and Maplewood Avenue
(28911 - 29010 Seven Mile) (Sunset Office Building) in the Northwest 1/4
of Section 12, from OS (Office Services) to C-1 (Local Business)
PETITION 2015-06-01-06 submitted by Charter Real Estate, on behalf of
Livonia Storage Units, to rezone the property located on the south side of
Eight Mile Road between Grand River Avenue and Angling Road (28153
Eight Mile) in the Northwest 1/4 of Section 1, from C-2 (General Business)
to ML (Manufacturing Limited)
There was no Audience Communication at the beginning of the meeting
On a motion by Toy, supported by Scheel, and unanimously adopted, it was
#237-15 RESOLVED, that having considered an application from
Caren Shatter, dated June 19, 2015, requesting permission to close Sussex
Street between Fitzgerald and Sherwood, on Saturday, September 12,
2015, from 1 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 Sunday, September 13,
2015, in the event of inclement weather, the action taken herein being made
subject to the approval of the Police Department.
#238-15 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the Director of
Inspection, dated June 22, 2015, which bears the signature of the Director of
Finance, is approved as to form by the City Attorney and approved for
submission by the Mayor, submitted pursuant to Council Resolution 07-15,
in connection with retaining J Michael Kirk of Neumann Smith for
architectural services in the move of the Perrinville one-room schoolhouse to
Greenmead, the Council does hereby accept the proposal of J Michael Kirk,
Neumann Smith, Galleria Officentre, Suite 555, Southfield, MI 48034 to
provide architectural services facilitating the move of the Perrinville one-room
schoolhouse to Greenmead and the restoration of said schoolhouse for an
amount not to exceed $37,300 00, plus any reimbursable costs, FURTHER,
the Council does hereby authorize an expenditure in the amount of
$37,300 00 from funds already budgeted in the Historical Commission's Trust
Fund -Account No 723-015-704 for this purpose, FURTHER, the Mayor and
City Clerk are hereby authorized to execute a contract for and on behalf of
the City of Livonia with J Michael Kirk, Neumann Smith, subject to the
approval as to form and substance by the City Attorney, and to do all things
necessary or incidental to the full performance of this resolution, FURTHER,
the Council does hereby authorize such action without competitive bidding in
accordance with Section 3 04 140D2a of the Livonia Code of Ordinances, as
amended, because Mr Kirk has a unique array of experience with historic
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Regular Meeting Minutes of August 5, 2015
buildings in general and Greenmead in particular, including moving historic
buildings (CR#07-15)
#239-15 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated July
14, 2015, which bears the signature of the Director of Finance and is
approved for submission by the Mayor, the Council does hereby accept the
bid of Ductz of S E Michigan, Dean Boomer, 36955 Amrhein Rd , Livonia,
MI 48150, for duct cleaning at the Livonia Community Recreation Center, in
the total amount of$44,900 00, the same having been in fact the lowest bid
received and meets all specifications, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $44,900 00 from funds
already budgeted in Account No 208-755-971-000 for this purpose, 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
#240-15 RESOLVED, that having considered the report and
recommendation of the Director of Inspection, dated July 13, 2015, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the purchase
of three (3) 2015 Ford Escape SUV'S as replacement vehicles for the
Inspection Department for a net price of$51,197 00, based on a total price
of $71,397 00, less trade-in of three (3) vehicles in the amount of
$20,200 00, from Gorno Ford, 22025 Allen Road, Woodhaven, MI 48138,
FURTHER, the Council does hereby authorize an expenditure in an amount
not to exceed $50,000 00 from funds already budgeted in Account No 205-
525-985-000 and $1,197 00 from Account No 205-525-971-000 for this
purpose, as well as the trade-in of the three (3) existing vehicles for a credit
of $20,200 00, FURTHER, the Council does hereby determine to authorize
the said purchase without competitive bidding inasmuch as the same is
based upon the low State of Michigan bid price under Contract No
071B1300009, Spec No 3905-0018B, and such action is taken in
accordance with the provisions set forth in Section 3 04 140 D 4 of the
Livonia Code of Ordinances, as amended, FURTHER, the Director of
Inspection is hereby authorized to approve minor adjustments as it
becomes necessary
#241-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 2015, which transmits its
resolution #06-36-2015, adopted on June 30, 2015, with regard to a Sign
Permit Application, Petition 2015-05-SN-02, submitted by Harmon Signs,
on behalf of Key Plastics, requesting approval to erect a wall sign for the
four-story office building (Victor Park West), located on the west side of
Victor Parkway between Seven Mile Road and Pembroke Avenue (19575
Victor Parkway) in the Southeast 1/4 of Section 6, the Council does hereby
concur in the recommendation of the Planning Commission and approves
the said sign permit application, subject to the following conditions
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Regular Meeting Minutes of August 5, 2015
1 That the wall sign shall be installed in accordance with the Sign Plan
submitted by Harmon Sign, as received by the Planning Commission
on May 29, 2015, and
2 That any additional signage shall come back before the Planning
Commission and City Council for their review and approval
#242-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 6, 2015, which transmits its
resolution #06-35-2015, adopted on June 30, 2015, with regard to Petition
2015-05-08-06, submitted by L+A Architects, Inc , on behalf of McDonald's
Corporation, requesting site plan approval to remodel the exterior of the
existing restaurant located on the west side of Ann Arbor Road between Hix
Road and Ann Arbor Trail (38015 Ann Arbor Road) in the Northeast 1/4 of
Section 31, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2015-05-08-06 is hereby approved and
granted, subject to the following conditions
1 That the Site Plan marked Cl dated May 21, 2015, as revised,
prepared by L+A Architects, Inc , is hereby approved and shall be
adhered to,
2 That the Exterior Building Elevation Plans marked A2 0 and A2 1
dated May 21, 2015, as revised, prepared by L+A Architects, Inc ,
are hereby approved and shall be adhered to,
3 That all rooftop 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 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,
5 That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows,
6 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; and
7 Pursuant to Section 1910 of Ordinance No 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 the City Council, and
unless a building permit is obtained and construction is commenced,
this approval shall be null and void at the expiration of said period
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Regular Meeting Minutes of August 5, 2015
#243-15 RESOLVED, that having considered a communication from
the City Engineer, dated July 10, 2015, approved by the Director of Public
Works, which bears the signature of the Director of Finance, and is
approved for submission by the Mayor, to which is attached a letter from
OHM Advisors, dated July 10, 2015, the Council does hereby accept the
bid of United Resource, L LC , 32940 Capitol Street, Livonia, MI 48150, for
the televising of approximately 410,000 lineal feet of sanitary sewer video
inspection ranging from 8-inch to 54 inch diameter sewer pipe located
throughout the City(Contract 15-L) in connection with the Saw Grant Project
NO 1441-01, fora total amount not to exceed $976,107 66, which includes
the bid price of $887,370 60 for work related to Divisions 1 and 2, plus a
10% contingency in the amount of $88,737 06, with $732,080 75 (75% of
the cost) to be reimbursed by the MDEQ Saw Grant for this project, the
same having been in fact the lowest bid received and meets all
specifications, FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $976,107 66
from funds already budgeted in the Unexpended Fund Balance of the Water
and Sewer Fund for this purpose, FURTHER, the foregoing amounts are
based upon the Engineering Division's estimate of units involved, and are
subject to final payments based upon the actual units completed in
accordance with the unit prices accepted herein and the City Engineer is
hereby authorized to approve minor adjustments in the work as it becomes
necessary; 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
A roll call vote was taken on the foregoing resolutions with the following result:
AYES Nash, Kritzman, Pastor, Meakin, Toy, Scheel and Brosnan
NAYS None
A communication from the Superintendent of Public Service and the
Director of Public Works, dated July 27, 2015, re the solid waste/recycling
contract, was received and placed on file for the information of the Council
A communication from Dennis G Cowan, Plunkett Cooney, dated July 10,
2015, re proposals for City of Livonia's (5) Five Year Solid Waste Program was
received and placed on file for the information of the Council
irm
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Regular Meeting Minutes of August 5, 2015
A communication from Lucy Lussenden, 16413 Alpine Drive, dated July 18,
2015, re solid waste/recycling contract, was received and filed for the information
of the Council
A communication from Alan Novack, 16326 Parklane, dated July 19, 2015,
re solid waste/recycling contract, was received and placed on file for the
information of the Council
A communication from Joe Schepis, 557 Fairlane, dated July 20, 2015, re
solid waste/recycling contract, was received and placed on file for the information
of the Council
A communication from Marion Kyte, dated July 27, 2015, re solid
waste/recycling contract, was received and placed on file for the information of the
Council
A communication from Ric Cummings, dated July 27, 2015, re solid
waste/recycling contract, was received and placed on file for the information of the
Council
A communication from Chuck Rizzo, Rizzo Environmental Services, dated
July 31, 2015, was received and placed on file for the information of the Council
A communication from Brian Conaway, Waste Management, dated August
3, 2015, was received and placed on file for the information of the Council
A communication from Rizzo Environmental, dated August 3, 2015, re
clarifying letter, was received and placed on file for the information of the Council
A communication from the Department of Public Works, dated August 4,
2015, was received and placed on file for the information of the Council
Vice-President Meakin, as chair of the Capital Improvement, Natural
Resources and Waste Management Committee, reported on the meeting of July
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Regular Meeting Minutes of August 5, 2015
14, 2015 and indicated that Council had invested many hours in looking over the
various proposals and that they would like to keep the matter in Committee to
further study it.
On a motion by Meakin, supported by Pastor, it was
#244-15 RESOLVED, that having considered the report and
recommendation of the Capital Improvement, Natural Resources and Waste
Management Committee, dated July 14, 2015, submitted pursuant to Council
Resolution 57-15, and a communication from the Superintendent of Public
Service and the Director of Public Works, dated June 11, 2015, which bears
the signature of the Director of Finance, and is approved for submission by
the Mayor, with regard to solid waste/recycling services for the period
December 1, 2015 through November 30, 2020, the Council does hereby
determine that this item shall remain in Committee
Pastor asked for clarification from Knapp regarding the proposals
Kritzman stated that the larger bin being discussed was for recycling He also
informed the public that additional communications had been received and
therefore required more time to study the information before making a decision on
this matter He indicated that the language should perhaps be changed on the
proposals to clarify the issues brought up
Toy stated the residents were of utmost concern when deciding this issue along
with looking at cost saving measures for the City She also said she'd like to see
a deadline for receiving new data in order for Council to have time to digest it.
Meakin clarified that after their Committee meeting on August 13th that this issue
will be voted on at the August 17th Regular Council Meeting
Paula Noechel, 15523 Sussex, detailed the value she placed on Waste
Management's service to the community
Brian Conaway, Waste Management, expressed his concerns to Council for
allowing the other companies that put in proposals to change the numbers that
they originally submitted
Mayor Kirksey stated that Brian Wilson and Don Rohraff would be good resources
to sort through the information with Council
(At 7 34 p m President Brosnan passed the gavel)
President Brosnan stated she does not feel that new pricing should be allowed in
the clarification provided by the five companies
aim Kritzman stated he agreed with President Brosnan but would like to hear what the
other Council members say
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Regular Meeting Minutes of August 5, 2015
Toy stated she is not prepared to vote on this because of the influx of new data
and changes that have taken place in the proposals
Kritzman clarified his response and stated he would like it to stay in Committee for
discussion
Meakin also stated he was not intending to create a whole new bid but to clarify
the information presented
Nash indicated she would like to have an understanding on what clarification
Council is asking for on the proposals for her own benefit and that of the companies
involved
Kritzman stated what he felt should be allowed in the clarification of the documents
Toy stated that there are questions on the numbers submitted as well and that that
is what needs clarification
President Brosnan asked Meakin if new pricing would be allowed in the clarification
and Meakin said it is up to the Committee to decide that and Brosnan reiterated
that she would be voting no
Further discussion was held on the issue
Bruce Brotherton, Waste Management, urged the Council to adhere to the process
that should be followed in accepting proposals
Mayor Kirksey came to the podium and expressed concern over allowing changes
from what was originally submitted on the proposals
Chuck Rizzo, Rizzo Environmental, stated he felt additional information on the
submitted proposals would provide clarity to Council and would like the opportunity
to do so
Meakin restated the resolution by indicating it is for clarification on the numbers
submitted
A roll call vote was taken on the foregoing resolution with the following
result:
AYES Nash, Kritzman, Pastor, Toy, and Meakin
NAYS Brosnan, Scheel
The vice-president declared the resolution adopted
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Regular Meeting Minutes of August 5, 2015
(The gavel was returned to President Brosnan at 7 51 p m )
A communication from the Department of Law, dated July 16, 2015, re
proposed amendment to Zoning Ordinance, Petition 2015-05-01-04, was received
and placed on file for the information of the Council
Pastor gave first reading to the following Ordinance
AN ORDINANCE AMENDING SECTION 9 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 2015-05-01-04)
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 a later meeting
after the site plan is submitted
On a motion by Pastor, supported by Scheel, it was
#245-15 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 16, 2015, approved for
submission by the Mayor, which transmits its resolution #06-29-2015,
adopted on June 9, 2015, with regard to Petition 2015-05-SN-01, submitted
by Target Corporation, requesting approval for additional signage for the
Target store located on the east side of Haggerty Road between Seven Mile
Road and Eight Mile Road (20100 Haggerty Road) in the Northwest 1/4 of
Section 6, the Council does hereby concur in the recommendation made by
the City Planning Commission and Petition 2015-05-SN-01 is hereby
approved and granted, subject to the following conditions
1 That the Sign Plan submitted by Target Corporation, as received by
the Planning Commission on May 21, 2015 is hereby approved and
shall be adhered to, minus Sign 5, the proposed "bullseye," which
shall be removed from the plans,
2 That this approval is subject to the petitioner being granted variances
from the Zoning Board of Appeals for excessive sign area and any
conditions related thereto,
3 That no LED lightband or exposed neon shall be permitted on the
building or around the windows, and,
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Regular Meeting Minutes of August 5, 2015
4 That the signage shall not be illuminated beyond one (1) hour after
this business center closes
A roll call vote was taken on the foregoing resolution with the following result:
AYES Nash, Katzman, Pastor, Toy, Scheel, and Brosnan
NAYS Meakin
The President declared the resolution adopted
Bing Buskk, representative from Target, was present at the meeting
On a motion by Meakin, seconded by Pastor, and unanimously adopted,
it was
#246-14 WHEREAS, on September 9, 2014, a Memorandum of
Understanding Regarding the Formation of the Great Lakes Water
Authority was adopted by the City of Detroit, the State of Michigan and
the counties of Wayne, Oakland and Macomb, and
WHEREAS, the Memorandum of Understanding required, among other
things, that the City of Detroit and the counties of Wayne, Oakland and
Macomb adopt Articles of Incorporation no later than October 10, 2014,
and that the City of Detroit and the Great Lakes Water Authority
execute a lease agreement regarding the operation and management
of the Detroit water supply and sewage disposal systems, and
WHEREAS, on October 10, 2014, the City of Detroit and the counties of
Wayne, Oakland and Macomb adopted the Articles of Incorporation of
Great Lakes Water Authority; and
WHEREAS, on June 12, 2015, the City of Detroit and the Great Lakes
Water Authority executed two 40-year lease agreements regarding (1)
the operation and management of the Detroit water supply system
("Water Lease") and (2) the operation and management of the Detroit
sewage disposal system, and
WHEREAS, Pursuant to Sections 4 1(a)(i), 4 1(d) and 4 4 of the Water
Lease, the City of Detroit assigned and the Great Lakes Water Authority
assumed all of Detroit's rights, duties, liabilities, responsibilities and
obligations under the wholesale customer water contracts without any
impairment to said contracts, and
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Regular Meeting Minutes of August 5, 2015
WHEREAS, Article III of the Water Lease provides that the effective date
of the Water Lease is dependent upon the satisfaction of certain
conditions precedent, including obtaining the consent of the wholesale
water customers to the assignment of their 30-year water service
contracts to the Great Lakes Water Authority pursuant to Section 3 2(j) of
the Water Lease, and
WHEREAS, pursuant to the Water Lease, and as provided in Article
13 of the Water Service Contract, the City of Detroit has presented
an Agreement to Assign Wholesale Customer Water Service Contract
between the City of Detroit Water and Sewerage Department, the Great
Lakes Water Authority and this community for the assignment of the
Water Service Contract with the City of Detroit Water and Sewerage
Department to the Great Lakes Water Authority with a request for
approval, and
WHEREAS, this Honorable Body finds it is in the best interests of this
community to consent to the assignment of the Water Service Contract to
the Great Lakes Water Authority;
NOW THEREFORE BE IT RESOLVED, that the attached Agreement to
Assign Wholesale Customer Water Service Contract between the City of
Detroit Water and Sewerage Department, the Great Lakes Water
Authority, and the City of Livonia is approved, and
BE IT FURTHER RESOLVED, that a certified copy of this Resolution and
the executed Agreement to Assign Wholesale Customer Water Service
Contract be returned to the City of Detroit Water and Sewerage
Department within seven (7) days of the date of this Resolution
During Audience Communication Phillip Nicholas, 32148 Lyndon, voiced a
noise complaint coming from St. Maunce's Church over the weekend
On a motion by Toy, supported by Meakin, and unanimously adopted, this
1,782nd Regular Meeting of the Council of the City of Livonia was adjourned at
8 02 p m on August 5, 2015
ja:44...44
Susan A. Hoff, City Cle