HomeMy WebLinkAboutMINUTES 2017-06-05
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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
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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.
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#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
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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
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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:
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(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
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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
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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
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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:
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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-
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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:
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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.
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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
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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.
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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
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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
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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.
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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:
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#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