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HomeMy WebLinkAboutMINUTES 2017-06-05 40211 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND TWENTY-SIXTH REGULAR MEETING OF JUNE 5, 2017 On June 5, 2017 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Maureen Miller Brosnan led the meeting in the Pledge along twin Eagle Scouts Kyle and Pierce Brannigan, from Troop #897 and congratulated them on achieving Eagle Scout status. Roll was called with the following result: Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman and President Kathleen McIntyre. Absent: None Elected and appointed officials present: Mark Taormina, Director or Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Ted Davis, Superintendent of Parks and Recreation; Brian Kahn, Director of Emergency Preparedness; Lynda Sheel, Treasurer; and Mayor Dennis Wright. On a motion by Jolly, supported by Brosnan, it was: #190-17 RESOLVED, that the minutes of the 1,825th Regular Meeting of Council held May 22, 2017 are approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: Brosnan, Jolly, White, Bahr, Kritzman and McIntyre NAYS: None 40212 Minutes of the June 5, 2017 Regular Meeting of Council PRESENT: Meakin The President declared the resolution adopted. Councilmember White congratulated her son Justin on his graduation from law school. Councilmember Jolly sent birthday wishes to his daughter Lexie and his mom. Councilmember Brosnan announced the Motor City Irish Festival will be held Father’s Day weekend, June 16-18, 2017, at Greenmead. She introduced Kevin Murphy who described the events of the festival. President McIntyre stated there is new data on Items 10, 14, 22 and 25. During Audience Communication, Marlon Kelman, 37642 Howell, inquired on what progress had been made on the issue he brought before them last month concerning the toilet in his neighbor’s front yard. He also expressed his concern regarding the numerous power outages he and his neighbors have experienced. President McIntyre assured Mr. Kelman that the Administration will look into the matter and informed him that the power outages are handled by DTE but that the City is in constant communication with them regarding their maintenance and reliability. Councilmember Brosnan stated that it is important to report the outages to DTE and the City for tracking purposes. Marelyn Davis, 37708 Howell Street, addressed Council regarding additional concerns she has with the neighbor with the toilet in the yard and President McIntyre indicated that Ordinance Enforcement will further investigate the property. At the request of the Chair, Items 4, 5 and 7 were removed from the Consent Agenda and will be discussed immediately following same. On a motion by Bahr, supported by Brosnan, it was: #191-17 RESOLVED, that having considered an application from Stephanie Myers, 39216 Orangelawn Street, dated May 10, 2017, requesting permission to close Orangelawn Street between Adams Street and Bassett Street, on Saturday, June 10, 2017, from 3:00 p.m. to 7:00 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 Saturday, June 17, 2017, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. 40213 Minutes of the June 5, 2017 Regular Meeting of Council #192-17 RESOLVED, that having considered a communication from the Mayor, dated May 12, 2017, wherein he has requested approval of the appointment of Mr. Leo Neville, 15957 Ingram, Livonia, Michigan 48154, to the Local Officers Compensation Commission to fill a vacancy for a term expiring April 2, 2024, pursuant to Section 2.48.020 of the Livonia Code of Ordinances, as amended, and Act No. 279 of the Public Acts of Michigan of 1909, as amended, the Council does hereby confirm and approve such appointment, provided that Mr. Neville takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. #193-17 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated May 2, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the quote submitted by ESRI Inc., 380 New York Street, Redlands, California 92373, to provide software maintenance for Livonia’s Geographic Information System (GIS) for a one year period from July 17, 2017 to July 16, 2018 in the amount of $17,683.56, the same to be expended from funds already budgeted in Account No. 101-915-851-020 for this purpose; FURTHER, the Council does hereby authorize this purchase without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Sections 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. #194-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 5, 2017, 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 one (1) 2017 Ford F550 Regular Cab 4X4 pick-up truck built as a dump truck, with outfitting, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a cost of $45,797.00; and the outfitting of said vehicle by Truck and Trailer Specialties, 6726 Hanna Lake, Dutton, Michigan 49316, at a cost of $38,573.00, for a total amount not to exceed $84,370.00, to replace a vehicle assigned to the Roads 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, Account No: 401-000-985-010; and the Director of Public Works is hereby authorized to approve any minor adjustments as may be necessary; 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 for the new vehicle purchase; and through the Rochester Hills Co-Op Award Agreement RFP-RH-13-030 for the outfitting of one (1) vehicle, 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 replaced vehicle at 40214 Minutes of the June 5, 2017 Regular Meeting of Council public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicle. #195-17 RESOLVED, that having considered a communication from the Superintendent of Public Service and the Director of Public Works, dated May 12, 2017, 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 2017, the Council does hereby approve participation in the Alliance of Rouge Communities (ARC) and for payment to the Alliance of Rouge Communities, 46036 Michigan Avenue, Suite 126, Canton, MI 48188, in the amount of $28,502.00 for the City’s Annual ARC assessment for 2017; 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. #196-17 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works, dated April 24, 2017, which bears the signature of the Director of Public Works, the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby accept the quote submitted by Azteca Systems LLC, 11075 South State Street #24, Sandy, UT 84070, to provide the licensing and software maintenance, including Cityworks Online, for the DPW Work Management System for a one year period from March 1, 2017 through February 28, 2018 in the amount of $75,000.00; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $42,158.00 from Account No. 205-527-851-020 (Refuse Fund) and $32,842.00 from Account No. 592- 559-851-020 (Water and Sewer Fund) for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, for the reason that Azteca Systems, LLC is a sole source supplier and no advantage would result from requiring competitive bidding. A communication from the City Engineer, dated June 1, 2017, re: to assure the installation of public improvements at Mystic Creek Site Condominiums, located at 18000, 18040 and 18080 Wayne Road, was received and placed on file for the information of the Council. (CR 53-17) #197-17 RESOLVED, that Leo Soave, as proprietor, having requested the City Council approve the Mystic Creek Site Condominiums, located at 18000, 18040 and 18080 Wayne Road, in the Southwest 1/4 of Section 9 of the City of Livonia (hereafter the “Condominium”), and it further appearing that approval of the Master Deed, bylaws and site plan 40215 Minutes of the June 5, 2017 Regular Meeting of Council for the Condominium was given by the City Council pursuant to Council Resolution 53-17, adopted on February 13, 2017, 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 May 8, 2017, 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, 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: 40216 Minutes of the June 5, 2017 Regular Meeting of Council (a) General Improvement Bond $294,574.88, of which at least $29,457.00 shall be in cash (b) Sidewalk Bond $22,000.00, of which at least $2,200.00 shall be in cash (c) Grade & Soil Erosion Control Bond $4,200.00 (all cash) (d) Entrance Markers/Landscaping $ 3,500.00 (all cash) (e) Monuments and Markers Bond $ 1,000.00 (all cash) (f) As-Built Drawing Bond $ 2,000.00 (all cash) and require cash payments in the total amount of $42,357.00. (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. #198-17 RESOLVED, that having considered communications from the City Planning Commission, dated May 10, 2017, which transmits its resolution #05-26-2017, adopted on May 9, 2017, with regard to Petition 2017-04-LS-05, submitted by the City of Livonia Housing Commission, to determine whether or not to dispose of City-owned property located on the south side of Wyoming Avenue between Merriman Road and Hubbard Avenue (31715 Wyoming) in the Southeast ¼ of Section 34, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2017-04-LS-05 is hereby approved and granted, subject to adopted policies and ordinances involving such transactions. #199-17 RESOLVED, that having considered Petition 2017-04-03- 01, submitted by Andres and Shelley Lesko, dated April 26, 2017, wherein a request is submitted for the vacating of a 14-foot utility easement for the purpose of constructing an addition to their home located at 31694 Curtis Road, the Council does hereby refer this item to the City Planning 40217 Minutes of the June 5, 2017 Regular Meeting of Council Commission for action and recommendation in accordance with provisions of law and City Ordinance. #200-17 RESOLVED, that having considered Petition 2017-04-03- 01, submitted by Andres and Shelley Lesko, dated April 26, 2017, wherein a request is submitted for the vacating of a 14-foot utility easement for the purpose of constructing an addition to their home located at 31694 Curtis Road, the Council does hereby refer this item to the Administration for its report and recommendation. 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. On a motion by Bahr, supported by Meakin, it was: #201-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 5, 2017, 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) 2017 Ford F150 4X4 pick-up trucks, with plow, safety lighting and spray in bed liner, at a cost of $28,967.00 each, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total cost of $57,934.00; and the outfitting of two (2) F150 4X4 pick-up trucks by Cannon Truck Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan 48315, at a cost of $14,870.00; for a total amount not to exceed $72,804.00, to replace vehicles assigned to the Parks 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, Account No: 401-000-985-010; and the Director of Public Works is hereby authorized to approve any minor adjustments as may be necessary; 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 for the new vehicle purchases; and the low State of Michigan MI-Deal bid price under Contract No. 071B2200263 for the outfitting of two (2) vehicles; and no advantage to the City would result from competitive bidding and/or 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 40218 Minutes of the June 5, 2017 Regular Meeting of Council the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin and McIntyre NAYS: Brosnan and Kritzman The President declared the resolution adopted. On a motion by Bahr, supported by Meakin and unanimously adopted, it was: #202-17 RESOLVED, the Council does hereby refer the subject matter of bi-fuel conversion of City vehicles and equipment to the Capital Improvement, Natural Resources and Waste Management Committee for its report and recommendation. On a motion by Bahr, supported by Meakin it was: #203-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 5, 2017, 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) 2017 Ford F150 (6.5’ bed) 4X4 pick-up trucks, with plow, safety lighting and spray in bed liner, at a cost of $28,657.00 each, from SIgnature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total cost of $57,314.00; and the outfitting of two (2) F150 4X4 (6.5’ bed) pick- up trucks by Cannon Truck Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan 48315, at a cost of $13,952.00; for a total amount not to exceed $71,266.00, to replace vehicles assigned to the Roads 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, Account No: 401-000-985-010; and the Director of Public Works is hereby authorized to approve any minor adjustments as may be necessary; 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 for the new vehicle purchases; and the low State of Michigan MI-Deal bid price under Contract No. 071B2200263 for the outfitting of two (2) vehicles; and no advantage to the City would result from competitive bidding and/or such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 and D.4 of the Livonia 40219 Minutes of the June 5, 2017 Regular Meeting of Council 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin and McIntyre NAYS: Brosnan and Kritzman The President declared the resolution adopted. On a motion by Bahr, supported by Meakin, it was: #204-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated May 5, 2017, 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 four (4) 2017 Ford F250 Super Cab 4X4 pick-up trucks, with plow, safety lighting and spray in bed liner, at a cost of $28,456.00 each, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total cost of $113,824.00; and the outfitting of four (4) F250 Super Cab 4X4 pick-up trucks by Cannon Truck Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan 48315, at a cost of $53,731.00; for a total amount not to exceed $167,555.00, to replace four (4) vehicles assigned to the Roads Section of the Department of Public Works, the same to be expended from funds already budgeted for this purpose in the Capital Outlay Budget, Account No: 401-000-985-010; and the Director of Public Works is hereby authorized to approve any minor adjustments as may be necessary; 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 for the new vehicle purchases; and the low State of Michigan MI-Deal bid price under Contract No. 071B2200263 for the outfitting of four (4) vehicles; and no advantage to the City would result from competitive bidding and/or 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 vehicle at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. A roll call vote was taken on the foregoing resolution with the following result: 40220 Minutes of the June 5, 2017 Regular Meeting of Council AYES: Jolly, White, Bahr, Meakin and Mcintyre NAYS: Brosnan and Kritzman The President declared the resolution adopted. Councilmember Bahr, as Chair of the Finance, Budget and Technology Committee, reported out on the meeting of May 15, 2017. A letter from Plante & Moran, dated April 20, 2017, re: Topic of Annual Audit Reports, was received and placed on file for the information of the Council. An Independent Auditor’s Report from Plante & Moran dated April 20, 2017, re: Topic of Annual Audit Reports, was received and placed on file for the information of the Council. The Federal Awards Supplemental Information from Plante & Moran, dated April 20, 2017, was received and placed on file for the information of the Council. The Financial Report with Supplemental Information from Plante & Moran, November 30, 2016, dated April 20, 2017, re: Topic of Annual Audit Reports, was received and placed on file for the information of the Council. This item will remain in committee. A communication from the Department of Law, dated May 25, 2017, re: Proposed Amendment to Chapter 48 (Right-of-Way, Private Parking and Prohibited Commercial Vehicle Parking on Residential Streets), of Title 10, adding Section 030, was received and placed on file for the information of the Council. An email communication from Joseph Olson, 10632 Laurel Street, Livonia, MI, dated May 30, 2017, re: Proposed Amendment to Chapter 48 (Right- 40221 Minutes of the June 5, 2017 Regular Meeting of Council of-Way, Private Parking and Prohibited Commercial Vehicle Parking on Residential Streets), of Title 10, adding Section 030, was received and placed on file for the information of the Council. An email communication from Joseph Olson, 10632 Laurel Street, Livonia, MI, dated June 1, 2017, re: Proposed Amendment to Chapter 48 (Right- of-Way, Private Parking and Prohibited Commercial Vehicle Parking on Residential Streets), of title 10 adding Section 030, was received and placed on file for the information of the Council. An email communication from Joseph Olson, 10632 Laurel Street, Livonia, MI, dated June 5, 2017, re: Proposed Amendment to Chapter 48 (Right- of-Way, Private Parking and Prohibited Commercial Vehicle Parking on Residential Streets), of title 10 adding Section 030, was received and placed on file for the information of the Council. Councilmember White gave first reading to the following Ordinance: AN ORDINANCE AMENDING CHAPTER 48, OF TITLE 10, (RIGHT OF WAY, AND PRIVATE PARKING, AND PROHIBITED COMMERCIAL VEHICLE PARKING ON RESIDENTIAL STREETS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 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. Brosnan took from the table, for second reading and adoption, the following Ordinance: 40222 Minutes of the June 5, 2017 Regular Meeting of Council AN ORDINANCE AMENDING SECTION 040 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance 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. Bahr took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance 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. Jolly took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 120 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 40223 Minutes of the June 5, 2017 Regular Meeting of Council A roll call vote was taken on the foregoing Ordinance 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. Brosnan took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 130 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance 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. Jolly took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 050 OF TITLE 13, CHAPTER 28 (INDUSTRIAL WASTE SURCHARGE) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Brosnan, Jolly, White, Bahr, Meakin, Kritzman and McIntyre 40224 Minutes of the June 5, 2017 Regular Meeting of Council NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Brosnan took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 350 OF TITLE 13, CHAPTER 08 (WATER SERVICE RATES AND REVENUES) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance 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. Bahr took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTIONS 190, 220, 240 AND REPEALING SECTIONS 110 AND 160 OF TITLE 13, CHAPTER 20 (LIVONIA SEWAGE DISPOSAL SYSTEM) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance 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. 40225 Minutes of the June 5, 2017 Regular Meeting of Council A communication from the Superintendent of Parks and Recreation, dated May 31, 2017, re: Award of Bid for replacement lighting system at Ford Field Baseball Fields 1-3, was received and file for the information of the Council. On a motion by Meakin, supported by Brosnan, and unanimously adopted, it was: #205-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated May 3, 2017, 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 Airport Lighting Employee Owned, LLC, 833 Lincoln Ct., Lansing, MI 48917, for the replacement of the lighting system at Ford Field Baseball/Softball Fields 1-3, to include a 25-year warranty lighting system and a $30,000.00 contingency allowance for soil remediation, for a total amount not to exceed $499,500.00, 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 $499,500.00 from funds already budgeted in Account No. 101-709-987- 000 for this purpose; 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. On a motion by Meakin, supported by Jolly, and unanimously adopted, it was: #206-17 RESOLVED, that having considered a communication from the City Planning Commission, dated March 29, 2017, approved for submission by the Mayor, which transmits its resolution #03-17-2017, adopted on March 28, 2017, with regard to Petition 2017-03-02-03, submitted by Kucyk, Soave & Fernandes, P.L.L.C., to develop a planned residential development (Mystic Creek Condominiums) under the single- family clustering option located on the east side of Wayne Road between Six Mile Road and Curtis Road (18000, 18040 and 18080 Wayne Road) in the Southwest 1/4 of Section 9, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2017-03-02-03 is hereby approved and granted, subject to the following conditions: 1. That all conditions imposed by Council Resolution #53-17 in connection with Petition 2016-11-08-14, which permitted the construction of a site condominium development (Mystic Creek 40226 Minutes of the June 5, 2017 Regular Meeting of Council Condominiums), shall remain in effect to the extent that they are not in conflict with the foregoing conditions; 2. That the following shall be incorporated in the Master Deed and bylaws: - that the front yard setback of each unit shall not be less than thirty feet (30’) 3. That the Landscape Planting Plan marked LP-1 and the Landscape Notes & Details marked LP-2, both dated February 29, 2017, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to; 4. That the entrance marker shown on the above approved Landscape Notes & Details (LP-2) is hereby approved except that the sign shall be moved outside of the right-of-way and onto private easements dedicated for such purpose and located on the lots adjacent to entrance to the subdivision and at least ten feet (10’) from any right-of-way line unless granted a variance from the Zoning Board of Appeals; 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. On a motion by Meakin, supported by White, and unanimously adopted, it was: #207-17 RESOLVED, that having considered a communication from the City Planning Commission, dated April 12, 2017, which sets forth its resolution 04-21-2017 adopted on April 11, 2017, with regard to Petition 2017-03-02-05 submitted by 7-Eleven, Inc. and Fazal & Khurram Corporation, requesting waiver use approval to utilize an SDM liquor license (sale of packaged beer and wine) in connection with the operations of a convenience store (7-Eleven) and gas station (Mobil) located on the southeast corner of Eight Mile and Middlebelt Roads (29321 Eight Mile) in the Northwest ¼ of Section 1, and the Council having conducted a public hearing with regard to this matter on May 17, 2017, the Council does hereby concur in the recommendation of the City Planning Commission and Petition 2017-03-02-05 is hereby denied for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general waiver use 40227 Minutes of the June 5, 2017 Regular Meeting of Council standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That this part of the City is currently well-served with SDM licensed establishments selling packaged alcoholic beverages; 3. That there is no demonstrated need in the area for additional sales of packaged alcoholic beverages such as are permitted by the utilization of an SDM license; 4. That the petitioner has not sufficiently demonstrated that the proposed use would be compatible to and in harmony with the principle use of the subject property as well as other uses in the surrounding area; 5. That the Chief of Police has recommended against granting the proposed waiver use; 6. That allowing the combination of gasoline sales with the sale of alcoholic beverages would tend to exacerbate or promote the consumption of alcohol while driving and, potentially, driving while intoxicated; 7. That allowing the proposed combination of gasoline sales and liquor sales would violate the City’s longstanding policy against same, which has been applied equally without regard to the size of the business; 8. That allowing the proposed combination of businesses would be unfair to other fuel station operators who have been denied SDM licenses in the City of Livonia; 9. That granting this petition would set an undesirable precedent; and 10. That the proposal is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. An email chain of communication between Jennifer Redmond, Wayne County, and Gio Costantiello, Regional Sales Manager, Dominion Voting, dated June 5, 2017, re: additional information on voting equipment cost, was received and placed on file for the information of the Council. 40228 Minutes of the June 5, 2017 Regular Meeting of Council On a motion by Brosnan, supported by Meakin and unanimously adopted, it was: #208-17 RESOLVED, that having considered the report and recommendation of the City Clerk, dated May 22, 2017, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, regarding the purchase of additional voting equipment to assist in the elections process at the precincts and counting boards with high speed tabulators, cases, and software in addition to equipment provided by the State of Michigan, the Council does hereby accept the quote submitted by Dominion Voting Systems, 4615 Danvers Drive SE, Grand Rapids, MI 49512, for the purchase of two (2) high speed scanners for the absentee counting boards, at a cost of $7,685.00 each, for a total cost not to exceed $15,370.00; eighteen (18) transfer cases for the ADA compliant voter assistance terminals, at a cost of $380.00 each, for a total cost not to exceed $6,840.00; and a computer work station for the Election Management Software, for a total cost not to exceed $1,860.00, for a grand total not to exceed $24,070.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $24,070.00 from funds already budgeted in Election Commission Capital Outlay Account Nos. 101-193-987-000 and 101-193-971-000 for this purpose; FURTHER, the Council does hereby authorize this purchase without competitive bidding for the reasons that all such equipment is required to be harmonious with Wayne County equipment, so there is no expected advantage from competitive bidding, and the aforesaid prices are the result of collective purchasing, and such action is taken in accordance with Sections 3.04.140.D.3 and D.4 of the Livonia Code of Ordinances, as amended, 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 company and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Meakin, supported by Brosnan, and unanimously adopted, it was: #209-17 RESOLVED, that having considered a communication from the Department of Law, dated May 22, 2017, approved for submission by the Mayor, the Council does hereby authorize the Department of Law to resolve the claims brought on behalf of Deborah Mato; Wayne County Circuit Court Case No.: 13-010174-NO; for the amount of $160,000.00, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution. On a motion by White, supported by Kritzman, it was: 40229 Minutes of the June 5, 2017 Regular Meeting of Council #210-17 RESOLVED, that having considered a communication from the Department of Law, dated May 24, 2017, approved for submission by the Mayor, 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, Frederick and Marilyn Wheeler v City of Livonia, et al. 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. There was no Audience Communication at the end of the meeting. On a motion by Jolly, supported by Bahr, and unanimously adopted, this 1,826th Regular Meeting of the Council of the City of Livonia was adjourned at 8:18 p.m. on June 5, 2017. _____________________ Susan M. Nash, City Clerk