HomeMy WebLinkAboutCOUNCIL MINUTES 2016-04-18 39780
MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-NINTH
REGULAR MEETING OF APRIL 18, 2016
On April 18, 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 Jolly led the meeting in the
invocation.
Roll was called with the following result: Jim Jolly, Cathy White,
Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and Kathleen
McIntyre. Absent: Scott Bahr.
Elected and appointed officials present: Mark Taormina, Director of
Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp,
City Attorney; Susan M. Nash, Clerk; Judy Priebe, Director of Legislative Affairs;
Denise Maier, Human Resources Director, Judge Kavanagh and Mayor Dennis
Wright.
On a motion by White, supported by Kritzman and unanimously
adopted, it was-
#156-16 RESOLVED, that the Minutes of the 1,798th
Regular Meeting of the Council held April 4, 2016 are
hereby approved as submitted.
Councilmember Meakin wished everyone a happy tax day.
President McIntyre announced that there are two X-items at the end of the
Regular Agenda and that New Data was received on Item 3 and X-item 1.
She then spoke about the event held to thank Lee Morrow for his outstanding
service to the City entailing 31 years.
She then wished Councilmember Jolly a Happy Birthday.
President McIntyre extended sympathy on behalf of the entire Council to Linda
McCann, Director of Community Resources, on the passing of her mother.
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During Audience Communication, Jim Egged, a retired firefighter, spoke on the
issue of Line 5 and provided Council with a handout on the subject. He asked
Council to consider proposing a nonbinding resolution to send to elected
officials with concerns.
Councilmember White informed Council that the City of Livonia has been
involved with an organization called "Protec" for many years which addresses
issues like Line 5 and that she feels they provide appropriate representation for
the City on such issues.
A communication from the Department of Finance, dated March 21,
2016, re: forwarding various financial statements of the City of Livonia for the
month ending February 29, 2016, was received and placed on file for the
information of the Council.
On a motion by Kritzman, seconded by White, it was-
#157-16 RESOLVED, that having considered an application from
Kathleen A. Fitzgerald, 9917 Cranston, dated March 11, 2016, requesting
permission to close Cranston Avenue between Elmira and Orangelawn,
on Monday, May 30, 2016 from 2:00 p.m. to 8:00 p.m. for the purpose of
conducting an annual Memorial Day block picnic, the Council does hereby
grant permission as requested, the action taken herein being made
subject to the approval of the Police Department.
#158-16 RESOLVED, that having considered a letter from Douglas
Bates, received by the Office of the City Clerk, on March 28, 2016, which
requests permission to waive Section 8.32.070 (Noise Control) of the
Livonia Code of Ordinances, as amended, to allow a DJ to play music at
his home located at 18156 Deering, in connection with a wedding
scheduled for Saturday, June 18, 2016, from 5:00 p.m. until 12:00 a.m.,
the Council does hereby determine to waive Section 8.32.070 (Noise
Control)of the Livonia Code of Ordinances between the hours of 5:00 p.m.
and 12:00 a.m. in connection with this event to be held on Saturday, June
18, 2016.
An email communication from Douglas L. Moore, Superintendent of Public
Service, dated April 5, 2016, re: Alliance of Rouge Communities, was received
and placed on file for the information of the Council
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Regular Meeting Minutes of April 18, 2016
#159-16 RESOLVED, that having considered a communication from
the Superintendent of Public Service and the Director of Public Works,
dated February 26, 2016, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, requesting
approval to participate in the Alliance of Rouge Communities (ARC) and
for payment of the Annual Assessment for 2016, the Council does hereby
approve participation in the Alliance of Rouge Communities (ARC) and for
payment to the Alliance of Rouge Communities, c/o 46036 Michigan
Avenue, Suite 126, Canton, MI 48188, in the amount of$28,502.00 for the
City's Annual Arc Assessment for 2016; FURTHER, the Council does
hereby authorize an expenditure in the amount of $28,502.00 from funds
already budgeted in Account No. 592-559-840-030 for this purpose.
#160-16 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated March 28, 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 two (2) 15" drum-style
chippers, Morbark Model Beever M15R with Tier III Engines, utilizing the
National Joint Powers Alliance (NJPA) pricing, which was awarded to
Morbark, Inc., PO Box 1000, Winn, Michigan 48896 (under Contract No.
042815-MBI), at a cost of$45,018.00 each, for a total cost not to exceed
$90,036.00; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $90,036.00 from funds already
budgeted in Account No. 205-527-987-000 (Refuse Fund) for this
purpose; FURTHER, the Council does hereby determine to authorize this
purchase without competitive bidding inasmuch as the same is based
upon the low National Joint Powers Alliance (NJPA) bid price (under
Contract No. 042815-MBI), 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.4 of the Livonia Code of
Ordinances, as amended; FURTHER, the Council does hereby authorize
the disposal of the replacement chippers at public auction hosted by the
Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new chippers.
#161-16 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 24, 20167
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 two (2) 2016 Ford F250 Super Cab, 4X4 Pick-up Trucks, at a cost of
$27,674.00 each, from Signature Ford, 1960 E. Main Street, Owosso,
Michigan 48867, for a total cost not to exceed $55,348.00; and the
outfitting of said vehicles by Cannon Truck Equipment, 51761 Danview
Technology Ct., Shelby Township, Michigan 48315, at a cost of
$40,460.00; and the bi-fuel conversion of said vehicles by ICOM North
America, LLC, 54790 Grand River Avenue, New Hudson, Michigan
48165, at a cost of $12,625.00, for a total amount not to exceed
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Regular Meeting Minutes of April 18, 2016
$108,433.00, as replacement vehicles for the Water Maintenance Section
of the Department of Public Works, the same to be expended from funds
already budgeted for this purpose in the Capital Outlay Budget — Water
and Sewer, Account No: 592-000-142-000; 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. 071 B1300009 forthe new vehicle purchases;
and the low State of Michigan MI-Deal bid price under Contract No.
071 B2200263 for the outfitting of said vehicles and ICOM North America
being 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 and DA of the Livonia Code
of Ordinances, as amended; FURTHER, the Council does hereby
authorize the disposal of the replaced vehicles at public auction hosted by
the Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new vehicles.
#162-16 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated March 24, 20167
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 six (6) 2016 Ford F-250 Super Cab and one (1) 2016 Ford F-250 Crew
Cab, 44 pick-up trucks, with plow, safety lighting, spray in bed liners,
under hood air compressor and bi-fuel conversion, at a cost of$27,674.00
each for six (6) F-250 Super Cab Pick-up Trucks and $31,334.00 for one
(1) F-250 Crew Cab Pick-up Truck, from Signature Ford, 1960 E. Main
Street, Owosso, Michigan 48867, for a total cost of$197,378.00; and the
outfitting of six (6) F-250 Super Cab Pick-up Trucks by Cannon Truck
Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan
48315, at a cost of $82,353.00; and the outfitting of one (1) F-250 crew
cab Pick-up Truck by Truck & Trailer Specialties, Inc., 1200 Victory Drive,
Howell, Michigan 48843, at a cost of$9,214.00; and the bi-fuel conversion
of five (5) Pick-up Trucks by ICOM North America, LLC, 54790 Grand
River Avenue, New Hudson, Michigan 48165, at a cost of$31,562.50, for
a total amount not to exceed $320,507.50, as replacement vehicles for
the Building Maintenance, Engineering, Fleet Maintenance, Roads and
Park Maintenance Sections of the Department of Public Works, the same
to be expended from funds already budgeted for this purpose in the capital
projects fund (401), Account No: 401-000-985-010; 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. 071 B1300009 for the new vehicle
purchases; and the low State of Michigan MI-Deal bid price under
Contract No. 071 B2200263 for the outfitting of six (6) vehicles and under
Contract No. 071 B1300009 for the outfitting of one (1) vehicle, and ICOM
North America being the sole source provider for Bi-Fuel conversion of
said vehicles for the State of Michigan and no advantage to the City would
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Regular Meeting Minutes of April 18, 2016
result from competitive bidding, and such action is taken in accordance
with the provisions set forth in Section 3.04.140.D.3 and D.4 of the Livonia
Code of Ordinances, as amended; FURTHER, the Council does hereby
authorize the disposal of the replaced vehicles at public auction hosted by
the Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new vehicles.
#163-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 16, 2016, approved for
submission by the Mayor, which transmits its resolution #03-20-2016,
adopted on March 15, 2016, with regard to Petition 2016-02-02-02,
submitted by Wade Shows, Inc., requesting waiver use approval to
conduct a carnival in the parking lot of Sears, sponsored by the Rotary
Club of Livonia, consisting of amusement rides, games and food
concessions from May 20, 2016 through May 30, 2016, inclusive, on
property located on the northwest corner of Seven Mile Road and
Middlebelt Road (29500 Seven Mile Road) in the Southeast 1/4 of Section
2, the Council does hereby concur in the recommendation made by the
City Planning Commission and Petition 2016-02-02-02 is hereby
approved and granted, subject to the following conditions-
1.
onditions:1. That the carnival shall be limited to the dates as specified by Wade
Shows, Inc., which are May 20, 2016 through May 30, 20167
inclusive;
2. That the proposed carnival operation shall be confined to the area
as illustrated on the aerial layout plan submitted as received by the
Planning Commission on February 8, 2016;
3. That all rides, food concessions, booths and all other equipment
and apparatus relating to the operation of the carnival shall be
located at least 60 feet distant from the Seven Mile and Middlebelt
Roads right-of-way lines;
4. That the temporary housing and storage of other trucks and
equipment associated with the carnival shall be parked or stored
within the extreme southwestern portion of the Sears parking lot,
but no closer than 60 feet from the Seven Mile Road right-of-way
line;
5. That the hours of operation shall be limited to the following: Monday
through Friday from 4:00 p.m. to 11:00 p.m.; and on the weekends,
Saturday and Sunday, from 12:00 p.m. to 11:00 p.m.; and
6. That access to fire hydrants is provided for the Fire Department.
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Regular Meeting Minutes of April 18, 2016
#164-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 16, 2016, approved for
submission by the Mayor, which transmits its resolution #03-21-2016,
adopted on March 15, 2016, with regard to Petition 2016-02-02-03,
submitted by Midwest Memorial Group, requesting waiver use approval to
construct an addition to an existing mausoleum at the Mt. Hope Memorial
Gardens Cemetery on property located on the east side of Middlebelt
Road between Six Mile Road and Pickford Avenue (17800 Middlebelt
Road), in the Southwest 1/4 of Section 12, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2016-02-02-03 is hereby approved and granted, subject to the
following conditions-
1.
onditions:1. That the Site Layout Plan marked T-1 dated February 4, 2016
prepared by Mausoleum Constructors of America, is hereby
approved and shall be adhered to;
2. That the Elevations Plan marked A-2 dated February 4, 2016
prepared by Mausoleum Constructors of America, is hereby
approved and shall be adhered to;
3. That all rooftop mounted mechanical equipment shall be concealed
from public view on all sides by screening that shall be of a
compatible character, material and color to other exterior materials
on the building;
4. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
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.
#165-16 RESOLVED, that having considered a communication from
the City Planning Commission, dated March 16, 2016, which transmits its
resolution #03-23-2016, adopted on March 15, 2016, with regard to
Petition 2016-02-08-01, submitted by Costco Wholesale Corporation,
requesting site plan approval in connection with a proposal to construct a
warehouse addition to the rear of the building, expand the loading dock
area and modify the entrance of the Costco store on property located on
the east side of Haggerty Road between Seven Mile and Eight Mile Roads
(20000 Haggerty Road), in the Northwest'/4 of Section 6, the Council does
hereby concur in the recommendation of the Planning Commission and
Petition 2016-02-08-01 is hereby approved and granted, subject to the
following conditions:
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Regular Meeting Minutes of April 18, 2016
1. That the Preliminary Site Plan marked P11-13, dated March 7,
2016, prepared by Mulvanny G2 Architecture, is hereby approved
and shall be adhered to;
2. That this approval is subject to the petitioner being granted a
variance from the Zoning Board of Appeals for the slight increase
in the parking deficiency, subject to any conditions related thereto;
3. That the Preliminary Landscape Plan marked L-1, dated March 8,
2016, prepared by Smithgroup JJR., is hereby approved and shall
be adhered to
4. That all disturbed lawn areas shall be sodded in lieu of
hydroseeding;
5. That underground sprinklers are to be provided for all landscaped
and sodded areas and all planted materials shall be installed to the
satisfaction of the Inspection Department and thereafter
permanently maintained in a healthy condition;
6. That the Preliminary Elevations Plan marked P31-03, dated March
107 2016, prepared by Mulvanny G2 Architecture, is hereby
approved and shall be adhered to;
7. 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;
8. 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;
9. 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
10. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
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Regular Meeting Minutes of April 18, 2016
A roll call vote was taken on the foregoing resolutions with the following
results:
AYES: Jolly, White, Meakin, Kritzman, Brosnan and McIntyre
NAYS: None.
The President declared the resolutions adopted.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 25 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 2015-09-01-08)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, White, Meakin, Kritzman, Brosnan and
McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
A communication from the Department of Law, dated March 14, 2016,
re: the impact of HB 5232 (House Bill No. 5232) on City of Livonia Ordinances,
was received and placed on file for the information of the Council.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, it was:
CR #166-16 RESOLVED, that having considered the report and
recommendation of the Department of Law, dated March 14, 2016,
approved for submission by the Mayor, regarding the impact of HB 5232
on City of Livonia Ordinances regarding historical districts as well as the
makeup and conduct of business of the Livonia Historical Commission,
the Council does hereby refer this matter to the Legislative Affairs
Committee for its report and recommendation.
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A communication from the Department of Law, dated April 1, 2016,
pursuant to Council Resolutions Nos. 392-15 and 96-16, re: amending the City
of Livonia Retiree and Health Disability Benefits Plan to include the 16th District
Court Judges and employees in the eligibility for VEBA, was received and placed
on file for the information of the Council.
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, it was:
CR #167-16 RESOLVED, that having considered a
communication from the Department of Law, dated April 1, 2016,
approved for submission by the Mayor, to which is attached a proposed
amendment to the City of Livonia Retiree and Health Disability Benefits
Plan to include the 16th District Court Judges and employees in eligibility
for the Voluntary Employees' Beneficiary Association, which is being
submitted pursuant to Council Resolutions 392-15 and 96-16, the Council
does hereby refer this item to the Civil Service Commission for their report
and recommendation.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
CR #168-16 RESOLVED, that having considered a
communication from the City Planning Commission, dated February 25,
2016, which transmits its resolution 02-15-2016, adopted on February 23,
2016, with regard to Petition 2016-01-06-01, submitted by the City
Planning Commission, pursuant to Section 23.01(a) of the Livonia Zoning
Ordinance, as amended, to determine whether or not to amend Section
11.03 of Article XI, C-2 District Regulations of the City of Livonia Zoning
Ordinance, to allow indoor, climate-controlled self-storage facilities as a
waiver use, and the Council having conducted a public hearing with regard
to this matter on Monday, March 28, 2016, the Council does hereby refer
this matter to the Legislative Affairs Committee for its report and
recommendation.
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On a motion by White, supported by Brosnan, and unanimously adopted,
it was-
#169-16 RESOLVED, that having considered a communication from
the Department of Law, dated March 23, 2016, approved for submission
by the Mayor, transmitting for Council approval a Grant of Easement
executed by Michael Beaubien, CEO for MKO Real Estate, LLC, for a 12-
foot wide public utility easement in connection with the water main line
constructed at 36622 Five Mile Road in the Southwest 1/4 of Section 17,
more particularly described as-
12-foot Wide Public Water Main Easement
A centerline description of a water main easement located in the
Southwest '/4 of Section 17, Town 1 South, Range 9 East, City of Livonia,
Wayne County, Michigan, more particularly described as follows:
Commencing at the South '/4 corner of said Section 17 and proceeding
along the North-South '/4 line N. 00012'30" W. 60.00 feet; thence N.
89051'30" W. 43.00 feet to the West right of way line of Levan Road (43'
wide, '/2 width), point also being the Southeast corner of Outlot `A' of
Kingsbury Heights Subdivision, as recorded in Liber 84, Pages 35, 36 and
37, Wayne County Records; thence along said West right of way line N.
00012'30" W. 367.43 feet to the point of beginning of said easement
centerline; thence N. 88048'44" W. 223.83 feet; thence N. 89°43'11" W.
43.73 feet to Point `A'; thence S. 00016'49" W. 17.61 feet; thence S.
89043'11" E. 26.11 feet to a point of ending; thence from said Point `A' N.
89043'11" W. 227.82 feet to the point of ending of said easement.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement 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 White, and unanimously adopted,
it was:
CR #170-16 RESOLVED, that having considered the report and
recommendation of Councilmember, Maureen Miller Brosnan, dated April
47 2016, submitted pursuant to Council Resolution 498-05, the Council
does hereby determine to designate Jim Jolly to replace Maureen Miller
Brosnan as the City Council representative to serve on the City's
Community Tree Committee, on a continuing basis, until further order of
this Council by council resolution.
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On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
CR #171-16 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.
An email communication from Frank Crupi, dated April 18, 2016, re.
Agenda Item X-1, was received and placed on file for the information of the
Council.
On a motion by Brosnan, supported by Meakin, and unanimously adopted,
it was:
CR #172-16 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 6, 2016, which bears
the signature of the Director of Public Works and the Director of Finance,
is reviewed as to form by the City Attorney, and approved for submission
by the Mayor, to which is attached a proposed intergovernmental
agreement between the City of Livonia and the Michigan Department of
Transportation (MDOT) for the reconstruction of 1-96/1-275 from Five Mile
Road Northerly to Eight Mile Road, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
this agreement in the manner and form herein submitted; FURTHER, the
Council does hereby authorize an expenditure in the amount of
$500,000.00 from funds budgeted for 2016 in Account No. 202-463-818-
125 (Major Street Fund - City Participation in MDOT and County Projects)
for this purpose; FURTHER, the Council does hereby authorize an
additional appropriation and expenditure in the amount of $209,000.00
from the Unexpended Fund Balance of the Major Street Fund — City
Participation in MDOT and County Projects (202) for this purpose, and the
City Engineer is authorized to approve minor adjustments in the work, as
required.
On a motion by Meakin, supported by Brosnan, and unanimously adopted,
it was:
CR #173-16 RESOLVED, that having considered a
communication from the Department of Law, dated April 12, 20167
approved for submission by the Mayor, the Council does hereby authorize
the Department of Law to resolve the claims brought on behalf of Shelley
Holloway and Gregory Perttunen; Wayne County Circuit Court Case No.-
14-007990-CD; for the amount of$35,654.00, and the Department of Law
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is hereby authorized to do all things necessary or incidental to the full
performance of this resolution.
There was no Audience Communication at the end of the meeting.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, this 1,799th Regular Meeting of the Council of the City of Livonia was
adjourned at 7:25 p.m. on April 18, 2016.
Susan M. Nash
City Clerk