HomeMy WebLinkAboutCOUNCIL MINUTES 2016-04-04 39761
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-EIGHTH
REGULAR MEETING OF APRIL 4, 2016
On April 4, 2016 the above meeting was held at the City Hall, 33000
Civic Center Drive, Livonia, Michigan, and was called to order by President
McIntyre at 7:00 p.m. Councilmember Brosnan led the meeting in the invocation.
Roll was called with the following result: Maureen Miller Brosnan,
Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and
Kathleen McIntyre. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of
Economic Development and Planning; Barb Gamber, Economic Development
Coordinator; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M.
Nash, Clerk; Lynda Scheel, Treasurer; Judy Priebe, Director of Legislative
Affairs; and Mayor Dennis Wright.
On a motion by Brosnan, supported by Jolly, it was-
#125-16 RESOLVED, that the Minutes of the 1,797th
Regular Meeting of the Council held March 21, 2016 are
hereby approved as submitted.
AYES: Brosnan, Jolly, White, Bahr, Meakin and Kritzman
NAYS: None
PRESENT: McIntyre
The President declared the resolution adopted.
Meakin wished Denise Bennett well on her retirement from her dispatcher
position at the Police Department. He also reminded everyone that the Annual
Grant Ceremony will be held April 6, 2016 at 7:00 p.m. at the Robert and Janet
Bennett Library where over$31,000 in grant money will be distributed and invited
all to come.
President McIntyre sent congratulations to the Seedlings Foundation who
recently raised $46,000 in their Bowling for Books fundraiser. That money
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Regular Meeting Minutes of April 4, 2016
equates to 4,600 books being sent to site impaired children throughout the United
States.
She also commended Frost Middle School Band for the National Award they
received for Frost's commitment to music education.
She sent condolences to Jim Baringhaus and his family, whose mother passed
away over the weekend.
She then stated there will be three (3) Public Hearing being held on Monday,
April 25, 2016, in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia,
at 7:00 p.m.:
Proposed Special Assessment Street Lighting Project for the Churchill
Manor Site Condominiums, located west of Newburgh Road and north of
Joy Road, in the Southeast '/4 of Section 31. To determine necessity to
include two (2) outlots to the Street Lighting SAD.
Proposed Special Assessment Street Lighting Project for the Richfield
Park Estates Site Condominiums, located west of Newburgh Road,
between Ann Arbor Trail and Joy Road, in the Southeast '/4 of Section 31.
Establishment of the Assessment Roll with LED Streetlights.
Petition 2016-02-06-02 submitted by the City Planning Commission,
pursuant to Section 23.01(b) of the Livonia Zoning Ordinance No. 543,
as amended, proposing to remove Section 13.03(d) of Article XIII, P
District Regulations, to eliminate confusion regarding the construction of
parking decks and other structures designed for parking vehicles.
She then announced there is New Data on Items 1 and 26 and that there will be
an X-item at the end of the Regular Agenda tonight.
There was no Audience Communication at the beginning of the meeting.
A communication from the Department of Finance, dated March 11, 2016,
re: forwarding various financial statements of the City of Livonia for the month
ending January 31, 2016, was received and placed on file for the information of
the Council.
An email communication from Barbara Bieke, dated March 22, 2016,
regarding the sale of City owned property located at 9400 Stonehouse Avenue,
was received and placed on file for the information of the Council.
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Regular Meeting Minutes of April 4, 2016
A correspondence from the Department of Law, dated April 1, 2016, re.
Response to Purchase Property at 9400 Stonehouse Avenue, was received and
placed on file for the information of the Council.
On a motion by White, supported by Jolly, it was-
#126-16 RESOLVED, that having considered a communication from
Leo Soave, Crosswinds Court Sub Inc., dated February 22, 2016,
requesting to purchase City-owned property located at 9400 Stonehouse
Avenue between Joy and West Chicago, in order to expand the existing
Richfield Park Estates Subdivision, the Council does hereby refer this
matter to the Parks and Recreation Commission for its report and
recommendation.
#127-16 RESOLVED, that having considered a communication from
Leo Soave, Crosswinds Court Sub Inc., dated February 22, 2016,
requesting to purchase City-owned property located at 9400 Stonehouse
Avenue between Joy and West Chicago, in order to expand the existing
Richfield Park Estates Subdivision, the Council does hereby refer this
matter to the Administration for its report and recommendation.
#128-16 RESOLVED, that having considered a communication from
the Mayor, dated March 1, 2016, concerning the reappointment of James
R. McCann to the Board of Ethics, and pursuant to Section 2.200.070 of
the Livonia Code of Ordinances, as amended, the Council does hereby
consent to and confirm the reappointment of James R. McCann, 15722
Golfview, Livonia, Michigan 48154, to the Board of Ethics for a three year
term commencing March 1, 2016 and expiring March 1, 2019.
#129-16 RESOLVED, that having considered a communication from
the Mayor, dated March 1, 2016, concerning the reappointment of Richard
W. McDowell to the Board of Ethics, and pursuant to Section 2.200.070 of
the Livonia Code of Ordinances, as amended, the Council does hereby
consent to and confirm the reappointment of Richard W. McDowell, 19538
Norwich, Livonia, Michigan 48152, to the Board of Ethics for a three year
term commencing March 1, 2016 and expiring March 1, 2019.
#130-16 RESOLVED, that having considered a communication from
the Mayor, dated March 3, 2016, wherein he has requested approval of
the reappointment of Omar Farris of Custom Stone Works, 32910
Plymouth Road, Livonia, Michigan 48150, to the Livonia Plymouth Road
Development Authority as a Business/Property Owner in the District for a
four-year term expiring May 16, 2020, 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 reappointment.
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Regular Meeting Minutes of April 4, 2016
#131-16 RESOLVED, that having considered a communication from
the Mayor, dated March 3, 2016, wherein he has requested approval of
the reappointment of Ruth Ann Brown of Bill Brown Ford, 32222 Plymouth
Road, Livonia, Michigan 48150, to the Livonia Plymouth Road
Development Authority as a Business/ Property Owner in the District for a
four-year term expiring May 16, 2020, 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 reappointment.
#132-16 RESOLVED, that having considered a communication from
the Mayor, dated March 3, 2016, wherein he has requested approval of
the reappointment of Elizabeth McCue, 11311 Berwick Street, Livonia,
Michigan 48150, to the Livonia Plymouth Road Development Authority as
a Business/Property Owner in the District for a four-yearterm expiring May
16, 2020, 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
reappointment.
#133-16 RESOLVED, that having considered a communication from
the Mayor, dated March 7, 2016, the Council does hereby approve of and
concur in the appointment of Elizabeth McCue, 11311 Berwick Street,
Livonia, MI 48150, to the City Planning Commission to fill the unexpired
term of office of Kathleen McIntyre, which will expire on June 9, 2018,
provided that Ms. McCue takes the oath of office as required in Chapter
X, Section 2 of the City Charter, to be administered by the City Clerk.
#134-16 RESOLVED, that having considered a communication from
the Mayor, dated March 7, 2016, wherein he has requested approval of
the reappointment of Maureen Simari, 15532 Penn Drive, Livonia,
Michigan 48154, to the Local Officers Compensation Commission for a
seven-year term expiring April 2, 2023, pursuant to Section 2.48.020 of
the Livonia Code of Ordinances, as amended, the Council does hereby
confirm and approve such reappointment.
#135-16 RESOLVED, that having considered a communication from
the President of Senior Citizen Achievement Needs and the Secretary of
Senior Citizen Achievement Needs and the Director of Community
Resources, dated February 29, 2016, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does, for and on behalf of the City of Livonia, accept the donation
of one (1) new Mobility Vehicle (MV-1) by AM General, valued at
$47,152.00, from S.C.A.N. to be used for the transportation to and from
doctor, physical therapy and medical related appointments in connection
with the Senior Center Transportation Program.
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Regular Meeting Minutes of April 4, 2016
#136-16 RESOLVED, that having considered the report and
recommendation of the Director of Community Resources and the
Director of Public Works, dated March 1, 2016, 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) Bi-Fuel
Conversion Kits to retro fit 2016 Ford E-450 cutaway buses for use by the
Department of Community Resources from ICOM North America, LLC,
54790 Grand River Avenue, New Hudson, Michigan 48165, at a cost not
to exceed $23,497.50, the same to be expended from funds already
budgeted in Account No. 218-889-971-000 (Capital Outlay) for this
purpose; FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as ICOM North
America is the sole source provider for Bi-Fuel conversion of said vehicles
for the State of Michigan and no advantage to the City would result from
competitive bidding, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended.
#137-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 1, 2016, 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 Core Health and Fitness, 4400 NE 77TH Avenue, Suite
300, Vancouver, Washington 98662 for supplying the Department of
Parks and Recreation with seven (7) Star Trac E-TRK9101 (9-9101-
MUSAPO) Treadmills in the amount of$4,195.00 each; three (3) Star Trac
E-UB8100 (9-8100-MINTPO) Upright Bikes in the amount of $1,950.00
each; ONE (1) Star Trac E-Spinner (7-7200-MUSAPO) E-Spinner Bike in
the amount of $3,200.00; and freight and installation costs in the amount
of$2,982.03, for a total cost of$41,397.03; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $41,397.03
from funds already budgeted in Account No. 208-755-971-000 for this
purpose; FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as Core Health and
Fitness is the sole authorized dealer for these commercial products for the
State of Michigan and no advantage to the City would result from
competitive bidding, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby authorize
the disposal of the replacement fitness equipment at public auction hosted
by the Michigan Inter-governmental Trade Network (MITN) after receipt of
the new equipment.
#138-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 1, 2016, 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 All Pro Exercise, 45255 Five Mile Road, Plymouth
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Township, Michigan 48170, for supplying the Department of Parks and
Recreation with three (3) Octane Pro4700 ADJ. Ellipticals in the amount
of$4,195.00 each; one (1) Octane Xtone in the amount of$4,895.00; one
(1) Octane XR6000 Seated Elliptical in the amount of$3,795.00, for a total
cost of $21,275.00; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $21,275.00 from funds already
budgeted in Account No. 208-755-971-000 for this purpose; FURTHER,
the Council does hereby determine to authorize the said purchase without
competitive bidding inasmuch as All Pro Exercise is the sole authorized
dealer for Octane commercial products for the State of Michigan and no
advantage to the City would result from competitive bidding, and such
action is taken in accordance with the provisions set forth in Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended; FURTHER,
the Council does hereby authorize the disposal of the replacement fitness
equipment at public auction hosted by the Michigan Inter-governmental
Trade Network (MITN) after receipt of the new equipment.
#139-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
March 1, 2016, 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 Direct Fitness Solutions, LLC, 600 Tower Road,
Mundelein, Illinois 60060, for supplying the Department of Parks and
Recreation with two (2) Precor EFX833 Ellipticals in the amount of
$4,395.00 each; two (2) Precor EFX835 Ellipticals in the amount of
$4,895.00 each. three (3) Precor RBK835 Recumbent Cycles in the
amount of$2,695.00 each, and freight and installation costs in the amount
of $2,325.00, for a total cost of$28,990.00; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $28,990.00
from funds already budgeted in Account No. 208-755-971-000 for this
purpose; FURTHER, the Council does hereby determine to authorize the
said purchase without competitive bidding inasmuch as Direct Fitness
Solutions is the sole authorized dealer for Precor commercial products for
the State of Michigan and no advantage to the City would result from
competitive bidding, and such action is taken in accordance with the
provisions set forth in Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby authorize
the disposal of the replacement fitness equipment at public auction hosted
by the Michigan Inter-governmental Trade Network (MITN) after receipt of
the new equipment.
CR #140-16 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated March 9, 2016, 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 Partners in Architecture,
65 Market Street, Suite 200, Mt. Clemens, Michigan 48043 to provide
architectural and engineering services for the proposed redesign and
addition to the Fire Department's Apparatus Maintenance Garage in the
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Regular Meeting Minutes of April 4, 2016
amount of$26,800.00, plus estimated reimbursable expenses of$750.00,
for a total cost not to exceed $27,750.00,the same having been the lowest
bid received and meets all specifications; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $27,750.00
from funds already budgeted in Account No. 101-338-976-000 for this
purpose.
#141-16 RESOLVED, that having considered a communication from
the Fire Chief, dated March 10, 2016, 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 Tercon Systems, 3555 Jewell
Road, Howell, Michigan 48843, for the repair and restoration of the
Apparatus Bay Terrazzo Floors at Station #4, in the amount of
$41,275.00, the same having been the lowest bid received that meets all
specifications; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $13,043.00 from funds already
budgeted in Account No. 101-338-971-000 (Fire Department — Capital
Outlay— Minor) and $28,232.00 in Account No. 401-000-971-000 (Capital
Projects Fund — Capital Outlay — Minor) for this purpose; and the bid of
Toledo Floor Inc. is rejected for the reasons indicated in the aforesaid
communication.
#142-16 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated March 10, 2016, 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 Samm Fire Equipment,
4270 Letart Avenue, Waterford, Michigan 48329, for supplying the Fire
Department with fifty (50) replacement sets of structural firefighting
protective clothing over a two year period at the unit price of $1,835.00
each for 2016 and $1,905.00 each for 2017, for a total estimated cost not
to exceed $95,250.00, 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 $95,250.00
from funds already budgeted in Account No. 101-338-768-000
(uniform/ppe) for this purpose.
#143-16 RESOLVED, that having considered the report and
recommendation of the Water and Sewer Board, dated March 7, 20167
which bears the signature of the Director of Public Works and the Director
of Finance and is approved for submission by the Mayor, and which sets
forth its resolution number WS# 5233 03/16, the Council does hereby
authorize the Mayor and City Clerk to execute a one year contract, for and
on behalf of the City of Livonia, with EJ USA, INC., 13001 Northend
Avenue, Oak Park, Michigan 48237, for Stormwater, Water Main and
Sanitary Manhole related items in an amount not to exceed $75,000.00
annually; FURTHER; the Council does hereby authorize an expenditure
in an amount not to exceed $75,000.00 from funds already budgeted in
Account Nos. 592-559-787-060 (Water Valves & Gate Wells), 592-559-
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787-050 (Water Main Supply), 592-559-787-070 (Hydrant Supply), and
592-559-796-000 (Sanitary Supply) for this purpose; FURTHER, the
Council does hereby authorize such action without competitive bidding for
the reasons indicated in the aforesaid communication, and such action is
taken in accordance with Section 3.04.140D.3 of the Livonia Code of
Ordinances, as amended.
#144-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 7, 2016, which bears the signature of the
Director of Finance and is approved for submission by the Mayor, the
Council does hereby accept the following low bids which meet
specifications for supplying the Public Service Division (Road
Maintenance Section) with hot and cold bituminous materials specified at
the unit prices bid for the period May 1, 2016 through April 30, 2017-
1.
017:1. Nagle Paving Company, 36780 Amrheim, Livonia, MI 48150
MDOT 13A HMA $53.00 per ton
MDOT 36A HMA $58.50 per ton
MDOT 1500 T 20 AAA HMA $53.00 per ton
2. Amax Materials Corporation, 830 Kirts Blvd., Suite 100, Troy, MI
48084
Cold Patch 192 Delivered $106.00 per ton
3. Cadillac Asphalt, LLC, 2575 Haggerty Rd., Canton, MI 48047
Cold Patch QPR/UPM Delivered $109.50 per ton
FURTHER, in the event the aforesaid low bidders are unable to furnish
the materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with bituminous materials
specified at the unit prices bid for the period May 1, 2016 through April 30,
2017-
1.
017:1. Cadillac Asphalt, LLC, 2575 Haggerty Rd., Canton, MI 48047
MDOT 13A HMA $ 55.00 per ton
Cold Patch 192 Delivered $108.00 per ton
2. Amax Materials Corporation, 830 Kirts Blvd., Suite 100, Troy, MI
48084
MDOT 36A HMA $ 59.00 per ton
MDOT 1500 T 20 AAA HMA $ 56.00 per ton
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Cold Patch QPR/UPM Delivered $110.00 per ton
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted from Account No. 101-463-782-000 for this purpose;
and the Director of Public Works is hereby authorized to make minor
changes in the material as it becomes necessary.
#145-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 11, 2016, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, the Council
does hereby accept the unit price bid of Hard Rock Concrete, Inc., 38146
Abruzzi Drive, Westland, Michigan 48185 for performing all work required
in connection with the 2016 Concrete Road Repair Program (Contract 16-
C), for the estimated total cost of $2,968,800.00, based on the
Engineering Division's estimate of units of work involved and subject to
the final payment based on the actual units of work 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 expenditure in the
amount of $2,968,800 from funds already budgeted in the Road,
Sidewalks and Tree Fund in the following accounts for this purpose:
Account No. 204-463-818-110 (Reconstruction) $278627800.00
Account No. 204-463-818-114 (Maintenance) $ 1067000.00
FURTHER, the Council does hereby appropriate and authorize a budget
adjustment transferring $118,800.00 from the Newburgh Road Project
(Account No. 202-463-818-125) to the 2016 Concrete Road Program
(Account No. 204-463-818-110) for this purpose; and the City Engineer is
hereby authorized to approve minor adjustments in the work as required;
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.
#146-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 11, 2016, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, regarding the
2016 Concrete Road Repair Program — Contract 16-C, the Council does
hereby refer the subject of the Road Repair and Replacement Program to
the Infrastructure and Community Transit Committee for its report and
recommendation.
#147-16 RESOLVED, that having considered a communication from
the City Engineer, dated March 10, 2016, which bears the signature of the
Director of Finance, is approved by the Director of Public Works, and
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approved for submission by the Mayor, the Council does hereby accept
and authorize the unit price bid of Rotondo Construction Corporation,
38807 Ann Arbor Road, Suite 2, Livonia, Michigan 48150, for completing
all work required in connection with the 2016 Sidewalk Replacement
Program (Contract 16-G) at the unit prices bid for a total amount not to
exceed $548,579.50, based upon the Engineering 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, the same
having been in fact the lowest bid received with the 3% local bidders
preference applied per Section 3.04.140E of the Livonia Code of
Ordinances, and meets all specifications; FURTHER, the Council does
hereby authorize a payment in an amount not to exceed $12,500.00 to
Precision Concrete Inc., 1896 Goldeneye Drive, Holland, Michigan 49424
for the saw cutting portion of the contract; FURTHER, the Council does
hereby authorize an advance in the amount of $141,409.01 (single lot
assessments portion of the program) from the Road, Sidewalk and Tree
Fund with the provision that this fund be reimbursed from that portion of
the project which is to be financed by special assessment at such time as
funds are subsequently received from the payment of bills and
assessments by affected property owners; FURTHER, the Council does
hereby authorize an expenditure in the amount of $24,584.50 from funds
budgeted in Account No. 203-451-977-010 (Local Road — Dist. Sidewalk
Cost) to cover the costs related to the construction or reconstruction of
handicap ramps at major and local roads; FURTHER, the Council does
hereby authorize an expenditure of $18,262.40 from the Unexpended
Fund Balance of the Water and Sewer Fund for sidewalk work adjacent to
and including water, storm and sanitary structure repairs; FURTHER, the
Council does hereby authorize an expenditure of$432,931.54 from funds
budgeted in the Road, Sidewalk and Tree Fund (Account No. 204-441-
977-010 Contractual Service Sidewalk)to repair sidewalks heaved by tree
roots; FURTHER, the Council does hereby authorize a budget adjustment
in the amount of $320,000 to increase the transfer from the Local Road
Fund (Account No: 203-484-965-204) to the Road, Sidewalk and Tree
Fund (Account No. 204-000-691-203) and a budget adjustment increase
of $100,000.00 to the Sidewalk Expense account No: 204-441-977-010;
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, approved as to form and
substance, 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.
#148-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 11, 2016, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works, and approved for submission by the Mayor, in connection
with the Newburgh Road Reconstruction Project (From 450' South of the
CSX Railroad Bridge to 300' North of same), the Council does hereby
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Regular Meeting Minutes of April 4, 2016
authorize the Mayor and City Clerk, for and on behalf of the City of Livonia,
to execute a contract with Hard Rock Concrete, 38146 Abruzzi Drive,
Westland, Michigan 48185, for completing all work required in connection
with the Newburgh Road Reconstruction Project (from 450' South of The
CSX Railroad Bridge to 300' North of same) by extending their bid prices
for the 2016 Concrete Road Repair Program (Contract 16-C) in an amount
not to exceed $385,000.00; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $385,000.00 from
funds budgeted in Account No. 202-463-818-125, for this purpose;
FURTHER, the Council does hereby authorize such action without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3.04.140D.3 of the Livonia Code of Ordinances, as amended, FURTHER,
the Council does hereby authorize the Mayor and City Clerk, for an on
behalf of the City of Livonia, to execute a change order in an amount not
to exceed $46,200.00 to the existing engineering contract with Anderson,
Eckstein and Westrick, Inc. (AEW), previously approved in Council
Resolution No. 367-13, adopted on November 6, 2013, for proposed
additional construction engineering services (CE) for the Newburgh Road
Reconstruction Project; FURTHER, the Council does hereby authorize a
transfer in the amount of $46,200.00 from Account No. 202-463-818-125
(Major Road) to Account No. 204-441-818-102 (Contractual Services —
Engineering Consultant) for this purpose, and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary.
#149-16 RESOLVED, that Leo Soave, as proprietor, having
requested the City Council to approve the Arbor Trail Estates Site
Condominiums, located at 35652, 357007 35800 and 35850 Ann Arbor
Trail, on the south side of Ann Arbor Trail between Newburgh Road and
Dowling Avenue in the Southeast 1/4 of Section 32 of the City of Livonia
(hereafter the "Condominium"), and it further appearing that approval of
the Master Deed, bylaws and site plan for the Condominium was given by
the City Council pursuant to Council Resolution 260-15, adopted on
August 17, 2015, and it further appearing that such site plan, together with
Development Plans and specifications for improvements have been
examined and approved by the Department of Public Works as set forth
in the report of that Department, dated March 2, 2016, therefore, the City
Council does hereby determine as follows:
(1) All of the public improvements, utilities and grading shall be
constructed, installed and accomplished in conformity with the
provisions of the ordinances of the City of Livonia, including
Sections 18.62 and 18.63 of Ordinance No. 543, as amended, and
the provisions referenced therein, and the regulations and
specifications of the Department of Public Works and the
Development Plans submitted by the proprietor and approved by
such Department; all such improvements to be constructed,
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installed, accomplished and completed within a period of two (2)
years from the effective date of this resolution; failing this, the
approval granted by the City shall be considered null, void and of
no effect whatsoever;
(2) That all inspection fees and other charges due to the City of Livonia
shall be fully paid at the time and in the manner provided in the said
ordinance provisions;
(3) That the installation of all such improvements shall be subject at all
times to the supervision and inspection and final approval of the
Department of Public Works, and such improvements shall not be
considered as having been satisfactorily and completely installed
until there is filed with the City Council the certificate as provided in
such ordinance provisions;
(4) That the proprietor shall enter into an agreement with the City of
Livonia agreeing to construct, within the prescribed period of time
and in the prescribed manner, all improvements required to the
extent required by the City of Livonia and as shown on the
approved Development Plans;
(5) That as a condition of obtaining necessary engineering permits
prior to commencing the required improvements, the proprietor
shall file with the City of Livonia a corporate surety bond, certified
check, cash bond, irrevocable letter of credit, or other financial
assurance in such form as may be approved by the Department of
Law guaranteeing the satisfactory installation of all such
improvements, utilities and grading by the proprietor within the
prescribed period in the following amounts:
(a) General Improvement Bond $292,557.00, of which
at least $ 29,256.00 shall be in cash
(b) Sidewalk Bond $ 45,760.00, of which at least
$ 9,150.00 shall be in cash
(c) Grade & Soil Erosion Control Bond $ 3,000.00 (all
cash)
(d) Entrance Markers/Landscaping $ 3,500.00 (all cash)
(e) Monuments and Markers Bond $ 1,000.00 (all cash)
and require cash payments in the total amount of
$407353.57.
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Regular Meeting Minutes of April 4, 2016
(6) That all required cash deposits and certified checks which shall be
established by the City Engineer pursuant to Article XVIII of
Ordinance 543, Section 18.66 of the Ordinance, shall be deposited
with the City prior to the issuance of engineering permits for this
condominium development;
(7) That the distribution lines for telephones and electric service are to
be placed underground and ornamental street lights are to be
provided throughout the Condominium in accordance with City
ordinances.
#150-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated February 26, 2016, which transmits
its resolution 02-14-2016, adopted on February 23, 2016 with regard to
Petition 2015-12-03-02 submitted by Schoolcraft College, pursuant to
Council Resolution No. 41-15, adopted on February 18, 2015, to
determine whether to vacate the existing sanitary sewer, storm water and
water main easements on property at 39201 Seven Mile Road, located on
the southeast corner of Seven Mile and Haggerty Roads, in the Northwest
1/4 of Section 7, the Council does hereby concur in the recommendation
of the City Planning Commission and does grant and approve the said
Petition 2015-12-03-02; and the Department of Law is hereby requested
to prepare the necessary vacating ordinance in accordance with this
resolution.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre
NAYS: None.
The President declared the resolutions adopted.
Meakin, as Chair of the Capital Improvement, Natural Resources and Waste
Management Committee, reported out on the meeting of March 22, 2016 where
the topic of the transition of waste haulers was discussed as well as the new 64-
gallong recycle bins that are available for $75.00 to citizens. He indicated these
items will remain in Committee for further study and evaluation.
Meakin gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 24 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 5437 AS AMENDED, KNOWN AND CITED
AS "THE CITY OF LIVONIA ZONING ORDINANCE" BY ADDING
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Regular Meeting Minutes of April 4, 2016
SEICTON 3. THERETO. (Petition 2015-12-01-13)
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.
A communication from the Department of Law, dated March 29, 2016, re.
Request to Rezone a Portion of the Properties at 9449, 9447, 9445, 9443, 9441
and 9439 Hix Road, in the Southeast 1/4 of Section 31, from PL (Public Land) to
R-1 (One Family Residential — 60' by 120' lot).
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 31 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 2015-08-01-07)
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.
Jolly invoked the Emergency Clause and gave second reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
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Regular Meeting Minutes of April 4, 2016
On a motion by White, supported by Brosnan, and unanimously adopted,
it was:
CR# 151-16 RESOLVED, that having considered a
communication from the City Planning Commission, dated February 25,
2016, approved for submission by the Mayor, which transmits its
resolution #02-13-2016, adopted on February 23, 2016, with regard to
Petition 2016-01-02-01, submitted by Kucyk, Soave & Fernandes,
P.L.L.C., requesting waiver use approval to develop a Planned
Residential Development (Washington Park) under the Single Family
Clustering option on properties at 9449, 9447, 9445, 9443, 9441 and 9439
Hix Road, located on the southwest corner of Hix and Ann Arbor Roads
(former Washington Elementary School site) in the Southwest 1/4 of
Section 31, the Council does hereby concur in the recommendation made
by the City Planning Commission and Petition 2016-01-02-01 is hereby
approved and granted, subject to the following conditions-
1.
onditions:1. That the Site Plan marked Sheet 1 dated January 18, 2016, as
revised, prepared by Arpee/Donnan, Inc., is hereby approved and
shall be adhered to;
2. That a playscape shall be installed, of comparable size to the
existing structure, or a revised plan shall be brought back to the
Planning Commission for their review and approval;
3. That Lots 1 through 45 as shown on the approved site plan shall
be co-owners of the condominium association and shall be subject
to compliance under the Master Deed and Condominium Bylaws of
Washington Park Condominium;
4. That the Landscape Plan marked LP-1 dated January 18, 2016, as
revised, prepared by Nagy Devlin Land Design, is hereby approved
and shall be adhered to, except that additional landscaping shall
be provided around both storm water detention basins;
5. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding, except that the detention basins may be
hydroseeded with an appropriate wetland seed mixture;
6. That the Master Deed and Condominium Bylaws shall incorporate
language satisfactory to the City regarding the use and
maintenance of all general and limited common elements, including
the open space park area, landscaping (including all rear yard
trees), and the storm water detention basins;
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Regular Meeting Minutes of April 4, 2016
7. That streetlights and sidewalks shall be installed throughout the
development to the satisfaction of the Engineering Division;
8. In the event of a conflict between the provisions set forth in the
Master Deed and Condominium Bylaws and the requirements set
forth in the City of Livonia Zoning Ordinance No. 543, as amended,
the Zoning Ordinance requirements shall prevail and the petitioner
shall comply with the Zoning Ordinance requirements;
9. That the petitioner shall include language in the Master Deed and
Condominium 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 pro
rata 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;
10. That the final recorded copy of the Master Deed and Condominium
Bylaws shall comply with the requirements of the Subdivision
Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia
Code of Ordinances, and Article XX, Section 20.01-20.06 of Zoning
Ordinance #543, and that all building and use restrictions shall
incorporate the following requirements-
- 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;
11. That the developer shall install aerators and/or fountains in the
storm water detention basins unless it is determined by the
Engineering Division to be unfeasible or impractical;
12. 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;
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Regular Meeting Minutes of April 4, 2016
13. That the petitioner shall secure the necessary storm water
management permits from Wayne County, the City of Livonia,
and/or the State of Michigan;
14. That the Developer and Condominium Association shall implement
an effective and ongoing mosquito control program as approved by
the Department of Public Works. The program shall be included in
the Master Deed and Condominium Bylaws and shall describe
maintenance operations and larvicide applications;
15. 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;
16. 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; and,
17. 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.
Councilpersons White, Brosnan and Meakin spoke favorably about the project.
Developer Enrico Soave was present to answer any questions from Council.
On a motion by Brosnan, supported by Jolly and unanimously adopted, it
was:
#152-16 RESOLVED, that having considered a communication from
the Department of Law, dated March 15, 2016, approved for submission
by the Mayor, transmitting for Council approval an Easement
Encroachment Agreement executed by Guy Dewailly, President of ATEA
Corporation, for a public utility easement in the Northeast 1/4 of Section
29, to construct certain private utilities on property located at 35980
Industrial Road, according to plans and specifications on file in the
Inspection and Engineering Departments, more particularly described as:
A 20' wide drainage easement described as follows:
Property situated in the City of Livonia, County of Wayne and State of
Michigan described as follows:
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Regular Meeting Minutes of April 4, 2016
The easterly 20 feet of Lot 7, Trerice— Observer Project, According to the
recorded plat thereof as recorded in liber 100, pages 47, 48 and 49 of
Plats, Wayne County Records.
Subject to all easements and restrictions of record, if any.
The Council does hereby, for and in behalf of the City of Livonia, approve
the aforesaid easement encroachment agreement and the City Clerk is
hereby requested to have the same recorded in the Office of the Register
of Deeds and to do all other things necessary or incidental to fulfill the
purpose of this resolution.
On a motion by White, supported by Brosnan, and unanimously adopted,
it was-
#153-16 RESOLVED, that having considered a communication from
the Department of Law, dated March 15, 2016, approved for submission
by the Mayor, transmitting for Council acceptance a quit claim deed from
Leo Soave, President, Crosswinds Court Subdivision, Inc., as part of the
Arbor Trail Estate Site Condominium development in order to obtain the
necessary road right-of-way, more particularly described as:
The South 27 feet of parcels 128-01-0729-001 and 128-01-0728-000 of
part of the Southeast '/4 of Section 32, Town 1 South, Range 9 East, City
of Livonia, Wayne County, Michigan; described as commencing at the
East '/4 corner of Section 32; thence S. 01°47'17" W. 1 673.28 feet along
the East line of Section 32; thence N. 86010'00" W. 1,057.44 feet; thence
N. 03034'20" E. 33.00 feet to the point of beginning; thence N. 86010'00"
W. 266.93 feet; thence 30.00 feet along a 294.00 foot curve to the right,
the chord of which bears N. 83014'36"W. 29.99 feet; thence N. 07047'14"
E. 27.02 feet; thence 28.14 feet along a 267.00 foot radius curve to the
left, the chord of which bears S. 83008'52" E. 28.12 feet; thence S.
86010'00" E. 266.80 feet; thence S. 03034'20" W. 27.00 feet to the point
of beginning. Containing 7,990 square feet. (0.183 acres).
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid quit claim deed; and the City Clerk is hereby requested to
have the same recorded in the office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was:
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Regular Meeting Minutes of April 4, 2016
#154-16 RESOLVED, that the Council does hereby suspend their
rules for procedure as outlined in Council Resolution 574-82 so as to
permit consideration of items that do not appear on the Agenda.
On a motion by Meakin, supported by White, it was-
#155-16 RESOLVED, that having considered a communication
from the Department of Law, dated March 31, 2016, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7 (1) of
the Open Meetings Act, direct that a closed Committee of the Whole
Meeting be held for the purpose of discussing litigation matters and
attorney/client privileged communications in connection with pending
litigation, Shelley Holloway and Gregory Perttunen v City of Livonia.
A roll call vote was taken on the foregoing resolution with the
following result:
AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and
McIntyre
NAYS: None
The President declared the resolution adopted.
Brosnan wished her husband a happy birthday.
There was no Audience Communication at the end of the meeting.
On a motion by Meakin, supported by Brosnan, and unanimously
adopted, this 1,798th Regular Meeting of the Council of the City of Livonia was
adjourned at 7:26 p.m. on April 4, 2016.
Susan M. Nash
City Clerk