HomeMy WebLinkAboutMINUTES 2017-08-09
REVISED 8-22-17
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTIETH
REGULAR MEETING OF AUGUST 9, 2017
On August 9, 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 Brian Meakin led the
meeting in the Invocation.
Roll was called with the following result: Brian Meakin, Maureen
Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr and President Kathleen
McIntyre. Absent: Brandon Kritzman.
Elected and appointed officials present: Scott Miller, Planner IV;
Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City
Clerk; Judy Priebe, Director of Legislative Affairs; Curtis Caid, Chief of Police;
and Mayor Dennis Wright.
On a motion by Bahr, supported by Brosnan, and unanimously
adopted, it was:
#272-17 RESOLVED, that the minutes of the 1,829th Regular
Meeting of Council held July 24, 2017 are approved as
submitted.
Councilmember Meakin announced the retirees from June and July, those being
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Linda Alverson, Public Worker I at the DPW, who retired on June 10 with thirty
years of service; Alan Harmon, Battalion Chief with the Fire Department who
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retired on July 7 with twenty-eight years of service; and Ralph Mohr, Public
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Service Worker I at the DPW who retired on July 29 with thirty years of service.
He congratulated them all and wished them well on their retirement.
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He then wished his daughter Kellianne a Happy 21 birthday coming up on
August 24th.
Councilmember Bahr thanked everyone involved in the Livonia Stands With
Detroit event that brought approximately 150 volunteers together to help clear
blight in a Detroit neighborhood.
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Jim Lagowski and Abby Dart from Scenic Michigan presented Mike Fisher and
the City of Livonia with its “Scenic Hero Award” for their work on the
encouragement of promoting good signage throughout the City and their
diligence in preventing billboards to overtake the expressways that run through
Livonia.
Councilmember Meakin spoke about the Zoning Board of Appeals role in keeping
signage under control in the City as well as his history of working with Mr. Fisher
twenty years ago on the Zoning Board.
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Councilmember White wished Mike Fisher and his wife Debbie a Happy 31
Anniversary.
President McIntyre also acknowledged Mike Fisher and the Law Department for
their exemplary work for the City.
President McIntyre announced that there is new data on Item #2.
She then commended Michelle and Alan Clemens of the Ian Clemens
Foundation on their successful event to honor the legacy of their son.
During Audience Communication Albert Hopper, 34631 Middlebelt, addressed
Council on the issue of trucks using the third lane on the I-96 expressway.
President McIntyre read a statement about the recent issue with a utility worker
and the shooting of the Eiben’s family dog Katie.
During Audience Communication the following people spoke on the issue:
Laura Eiben, 440 Rose, Pinckney, Michigan
Sandra Abrahamian, 19411 Hardy, Livonia, Michigan
City Attorney Don Knapp detailed the process involved in making determinations
regarding prosecution and the investigation concerning this issue.
Chief of Police Curtis Caid came to the podium and invited the residents that
were present in the audience to comment on this issue into the lobby to discuss
it further.
Michael Eiben, 19945 Angling, addressed Council with his concerns over the
shooting of his dog.
Ellen Cusin, 31098 Bobrich, also spoke on the issue.
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On a motion by Jolly, supported by White, it was:
#273-17 RESOLVED, that having considered a communication from
the City Engineer, dated July 13, 2017, approved for submission by the
Mayor, to which is attached a letter from Heather Shymanski, dated July
11, 2017, requesting a waiver of the sidewalk requirement in front of the
newly constructed home located at 18551 Laurel Drive, in the N.W. ¼ of
Section 9, the Council does hereby approve this request inasmuch as
omitting the sidewalk on the subject property would have no detrimental
effect upon the neighboring properties at this time due to lack of other
public sidewalks existing within the neighboring area; FURTHER, the
Council does hereby reserve the right to require sidewalks at this location
in the event that additional sidewalks are installed in this area at some
future date.
An email communication from David Scott, Supervisor, Charter Township
of Commerce, received by the Mayor’s Office on August 3, 2017, re: request to
permit the operation of a medical marihuana business by Jeffrey M. Van Loon,
P.L.L.C., was received and placed on file for the information of the Council.
An email communication from Kyle Lis, dated July 26, 2017, re: request
to permit the operation of a medical marihuana business by Jeffrey M. Van Loon,
P.L.L.C., was received and placed on file for the information of the Council.
#274-17 RESOLVED, that having considered a communication from
Jeffrey M. Van Loon, P.L.L.C., dated July 7, 2017, wherein a request is
submitted to permit the operation of a medical marihuana business in the
City of Livonia, the Council does hereby determine to take no further
action with respect to this item.
A communication from the Office of the City Clerk, dated July 13, 2017, to
which is attached a communication from Tamara Dust, Finance Manager of the
Wayne County Regional Education Service Agency, dated June 14, 2017, re:
Tax Rate Request for the Wayne County Regional Educational Service Agency
(RESA) for the 2017 School Year, was received and placed on file for the
information of the Council.
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A communication from the Office of the City Clerk, dated July 13, 2017, to
which is attached a communication from N.A. Khouri, State Treasurer, State of
Michigan Department of Treasury, dated April 1, 2017, re: Tax Rate Request for
the State of Michigan, State Education Tax for the Year 2017, was received and
placed on file for the information of the Council.
#275-17 RESOLVED, that having considered a communication from
the Director of Community Resources, dated July 12, 2017, which is
approved as to form by the City Attorney and is approved for submission
by the Mayor, and to which is attached a proposed Addendum to the
Specialized Services Vehicle Agreement between the Suburban Mobility
Authority for Regional Transportation (SMART) and the City of Livonia for
the Michigan Department of Transportation 5310 Vehicle Grant through
SMART for the Livonia Community Transit Program, the Council does for
and on behalf of the City of Livonia, authorize the Mayor and City Clerk to
execute the said agreement upon approval
#276-17 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated July 12, 2017,
which bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does hereby authorize the Mayor
and City Clerk to execute a one year contract, for and on behalf of the City
of Livonia, with EJ USA, Inc., 13001 Northend Avenue, Oak Park,
Michigan 48237, for stormwater, water main and sanitary manhole related
items in an amount not to exceed $75,000.00 annually; FURTHER; the
Council does hereby authorize an expenditure in an amount not to exceed
$75,000.00 from funds already budgeted in Account Nos. 592-559-787-
060 (Water Valves & Gate Wells), 592-559-787-050 (Water Main Supply),
592-559-787-070 (Hydrant Supply), and 592-559-796-000 (Sanitary
Supply) for this purpose; FURTHER, the Council does hereby authorize
such action without competitive bidding for the reasons indicated in the
aforesaid communication, and such action is taken in accordance with
Section 3.04.140D.3 of the Livonia Code of Ordinances, as amended; and
the Director of Public Works is hereby authorized to approve minor
adjustments in the work as it becomes necessary.
#277-17 RESOLVED, that having considered a communication from
the Director of Public Services, dated July 12, 2017, which bears the
signature of the Chief Accountant and is approved for submission by the
Mayor, the Council does hereby authorize an increase in the amount of
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the contract with Etna Supply Co., 529 32 Street SE, Grand Rapids, MI
49548 for supplying the Public Service Division with water meters and
supplies, from the $325,000.00 approved pursuant to Council Resolution
#90-16, adopted on March 9, 2016, to an amount not to exceed
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$1,500,000.00 annually; FURTHER, the Council does hereby authorize
an additional appropriation and expenditure from the Water and Sewer
Fund Unexpended Fund Balance in the amount of $845,500.00 for this
purpose; FURTHER, the Council does hereby determine to authorize the
purchase of said items without competitive bidding inasmuch as Etna
Supply Company is the sole supplier of Sensus Meters for the State of
Michigan and no advantage to the City would result from competitive
bidding, and such action is taken in accordance with the provisions set
forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as
amended.
#278-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 12, 2017, 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 an Intergovernmental Agreement
between the County of Wayne and the City of Livonia for the resurfacing
of Farmington Road from Seven Mile Road to Base Line Road, the
Council does hereby approve the proposed Intergovernmental
Agreement between the County of Wayne and the City of Livonia;
and the Mayor and City Clerk are hereby authorized, for and on behalf
of the City of Livonia, to execute the Intergovernmental Agreement in the
manner and form herein submitted, subject to approval as to form and
substance by the Department of Law; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $119,645.00
from funds already budgeted 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 a Working Capital
Advance to the County of Wayne in the amount of $59,822.00 as fifty
percent (50%) of the City of Livonia’s participation of the total project cost;
and the City Engineer is hereby authorized to approve any minor
adjustments in the work as it becomes necessary.
#279-17 RESOLVED, that having considered a communication
from the Department of Law, dated July 7, 2017, which bears the
signature of the City Assessor and the City Engineer, and is approved for
submission by the Mayor, and a communication from Joseph Bennett,
Vice President-Engineering, International Transmission Company d/b/a
ITC Transmission (“ITC”), 27175 Energy Way, Novi, Michigan 48377,
dated June 26, 2017, to the homeowners at 36600 Ann Arbor Trail, 36622
Angeline Circle, 36664 Angeline Circle, 36585 Pinetree, and 36586
Pinetree, with regard to expanding its vegetation management
easement, the Council does hereby grant and approve this request in the
manner and form herein submitted; further the Council does hereby
disclaim any right to a portion of the offers being made to the property
owners.
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A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Meakin, Brosnan, Jolly, White, Bahr and McIntyre
NAYS: None
The President declared the resolutions adopted.
Councilmember Bahr addressed Council about clarification of Consent
Agenda items.
On a motion by Meakin, supported by Brosnan, and unanimously
adopted, it was:
#280-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated July 17, 2017, which bears
the signature of the Director of Finance and the City Attorney, is approved
by the Director of Public Works and approved for submission by the
Mayor, to which is attached a communication from Kenneth J. Bowen,
Vice President, Ashley Capital, dated July 17, 2017 and a proposed
Contract Amendment from OHM Advisors, dated July 17, 2017, in
connection with the Amrhein Road Reconstruction Project and the
construction of a dedicated right turn lane for southbound Newburgh Road
at Amrhein Road, along with traffic signals to be modernized with a box
span configuration and relocation of utility poles, the Council does hereby
authorize an appropriation and expenditure not to exceed $800,000.00
from the Unexpended Fund Balance of the Major Road Fund (202) for the
construction and construction engineering for this project, to be
reimbursed by Ashley Capital, 2575 S. Haggerty Road, Suite 500, Canton,
MI 48188, which will pay $400,000.00 down upon contract award, and the
balance due upon the later of project completion or September 8, 2017;
FURTHER, the Council does hereby accept the bid of Hard Rock
Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185 for performing
all work required in connection with the intersection improvements and
traffic signal upgrade at Newburgh Road and Amrhein Road, for a total
amount not to exceed $700,000.00, based on the engineering division’s
estimate of units of work involved and subject to final payment based on
the actual units of work completed in accordance with the unit prices
accepted herein, said estimated cost and unit prices having been in fact
the lowest bid received and meets all specifications; FURTHER, the
Council does hereby appropriate and authorize the expenditure of a sum
not to exceed $700,000.00 from the Unexpended Fund Balance of the
Major Road Fund (202) for this purpose; FURTHER, the Council does
hereby authorize the Mayor and City Clerk, for and on behalf of the City
of Livonia, to execute a contract amendment between the City of Livonia
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and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150, to
provide construction engineering services for the Newburgh Road and
Amrhein Road Intersection Improvements and Traffic Signal Upgrade in
an amount not to exceed $100,000.00; FURTHER, the Council does
hereby appropriate and authorize the expenditure of a sum not to exceed
$100,000.00 from the Unexpended Fund Balance of the Major Road Fund
(202) for this purpose; and the City Engineer is hereby authorized to
approve minor adjustments in the work as it becomes necessary and the
Mayor and City Clerk are hereby authorized to execute a contract for and
on behalf of the City of Livonia with the aforesaid bidder and to do all other
things necessary or incidental to the full performance of this resolution.
On a motion by Brosnan, supported by Jolly, and unanimously adopted, it
was:
#281-17 WHEREAS, the City Council has duly met and reviewed the
special assessments levied in the special assessment roll prepared by the
City Assessor to cover the district in which street lighting is to be installed,
such roll having been prepared on the basis of installing one (1) 52-watt
LED light with Colonial Luminaire with underground wiring in Saville Row
Site Condominiums located north of Joy Road and west of Wayne Road,
in the Southeast 1/4 of Section 31, in said Special Assessment District
No. 432; and the Council having conducted a public hearing on July 19,
2017, with regard to this matter;
WHEREAS, the City Council has heard and carefully considered all
objections made to said assessments;
NOW, THEREFORE, BE IT RESOLVED, that the said Council does
hereby determine necessity for the installation of one (1) 52-watt LED light
with Colonial Luminaire with underground wiring, and that the
assessments set forth in said Special Assessment District No. 432 Roll
are fair and equitable and based upon benefits derived in said district, in
accordance with the plans of the City Engineer and resolutions of the City
Council; said Special Assessment Roll No. 432 based on the installation
of one (1) 52-watt LED light with Colonial Luminaire with underground
wiring is hereby approved and confirmed in all respects; pursuant to the
provisions of Section 3.08.130 of the Livonia Code of Ordinances, as
amended, the City Clerk shall endorse the date of confirmation on the
Assessment Roll, and the assessment roll shall then be immediately
transmitted to the City Treasurer who shall take such further action as set
forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended,
and the Mayor and City Clerk are hereby authorized to execute a
Municipal Street Lighting Agreement as provided by Detroit Edison for this
purpose; and further, a sum not to exceed $326.00 is hereby authorized
to be expended from the cash payments posted by or collected from the
homeowners in Saville Row Site Condominiums in order to defray the
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Detroit Edison contribution-in-aid costs connected with this street lighting
installation project.
Kelly Pinkham, 8858 Saville Row, inquired about when the assessment would
appear on the taxes and Zilincik responded to her inquiry and further discussion
was held.
On a motion by Brosnan, supported by Jolly, and unanimously adopted, it
was:
#282-17 RESOLVED, that the City Engineer having filed with the City
Clerk a statement dated June 19, 2017, on all matters required by
Sections 3.08.060 and 3.08.140 of the Livonia Code of ordinances, as
amended, and a first public hearing having been held thereon on July 19,
2017, after due notice as required by Section 3.08.070 of said Code, and
careful consideration having been given to all such matters, the Council
does hereby, pursuant to Section 3.08.080 of said Code:
1. accept and approve said statement in all respects;
2. determine to make the improvement consisting of the installation of
73-watt LED lights with Colonial Luminaires with underground
wiring in the Washington Park Site Condominiums, located south
of Ann Arbor Road and west of Hix Road, in the Southwest ¼ of
Section 31, City of Livonia, Wayne County, Michigan, as described
in said statement; and defray the cost of such improvement by
special assessment upon the property especially benefited in
proportion to the benefits derived or to be derived;
3. approve the plans and specifications for the improvements as set
forth in said statement dated June 19, 2017;
4. determine that the cost of such improvement shall be paid by
special assessment upon the property especially benefited;
5. determine that the assessment made for such improvement shall
be paid in annual installments, according to said statement;
6. designate the assessment district, describing the land and
premises upon which special assessments shall be levied as
follows:
Lots 1 to 45, both inclusive of the Washington Park Condominium,
as recorded in the Wayne County Condo Plan No. 1057, Liber
53508, Page 351, Wayne County Records, said development
being part of the S.W. ¼ of Section 31, T.1 S., R. 9 E., City of
Livonia, Wayne County, Michigan.
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7. direct the City Assessor to prepare a special assessment roll in
accordance with the Council’s determination on said statement as
prepared by the City Engineer dated June 19, 2017; and
8. that upon completion of said roll, the City Assessor shall attach
thereto the certificate required by the provisions of Section
3.08.100 of the Livonia Code of Ordinances, as amended, and file
the same with the City Clerk, who thereupon is directed to present
the same to the City Council prior to the holding of the second
public hearing thereon pursuant to Title 3, Chapter 8, of the Livonia
Code of Ordinances.
On a motion by White, supported by Brosnan, and unanimously adopted,
it was:
#283-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 9, 2017, which transmits its
resolution 06-30-2017, adopted on June 6, 2017, with regard to Petition
2017-05-01-02, submitted by Brian Duggan, on behalf of Soave/Oro
Construction, L.L.C., to rezone property located on the west side of
Farmington Road between Pickford and Clarita Roads (18761 Farmington
Road), in the Northeast 1/4 of Section 9, from OS (Office Services) to R-
1 (One Family Residential – 60’ x 120’ Lot), and the Council having
conducted a public hearing with regard to this matter on Wednesday, July
19, 2017, the Council does hereby approve Petition 2017-05-01-02, for
preparation of the ordinance for submission to Council; and the City
Planner is hereby instructed to cause the necessary map for publication
to be prepared indicating the zoning change herein approved and to
furnish the same to the Department of Law and, upon receipt of such map,
the Department of Law is requested to prepare an ordinance amending
Ordinance 543, as amended, in accordance with this resolution.
On a motion by Bahr, supported by Jolly, and unanimously adopted, it
was:
#284-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated June 9, 2017, which transmits its
resolution 06-31-2017, adopted on June 6, 2017, with regard to Petition
2017-05-01-03, submitted by Brian Duggan, on behalf of Soave/Oro
Construction, L.L.C., to rezone the properties located on the west side of
Farmington Road between Pickford and Curtis Roads (18491, 18489,
18481, 18477, 18451, 18431, 18421 and 18363 Farmington Road), in the
Northeast 1/4 of Section 9, from OS (Office Services) to R-1 (One Family
Residential – 60’ x 120’ Lot), and the Council having conducted a public
hearing with regard to this matter on Wednesday, July 19, 2017, the
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Council does hereby approve Petition 2017-05-01-03, for preparation of
the ordinance for submission to Council; and the City Planner is hereby
instructed to cause the necessary map for publication to be prepared
indicating the zoning change herein approved and to furnish the same to
the Department of Law and, upon receipt of such map, the Department of
Law is requested to prepare an ordinance amending Ordinance 543, as
amended, in accordance with this resolution.
On a motion by Meakin, supported by Brosnan, and unanimously adopted,
it was:
#285-17 RESOLVED, that having considered a communication from
the Department of Law, dated July 14, 2017, approved for submission by
the Mayor, transmitting for Council acceptance a quit claim deed from
Brian Gielow, for 60’ Right-of-Way for Ann Arbor Trail, more particularly
described as:
Description of Quit Claim, 60’ Right-of-Way for Ann Arbor Trail
Part of the Southwest ¼ of Section 33, Town 1 South, Range 9 East,
City of Livonia, Wayne County, Michigan, described as:
Commencing at the Southwest corner of said Section 33; thence N.
01° 50’ 10” E. 979.90 feet along the West line of said Section 33 to a
point on the centerline of Ann Arbor Trail (variable width) as occupied;
thence S. 86° 10’ 00” E. 125.50 feet along said centerline of Ann Arbor
Trail to the POINT OF BEGINNING; thence N. 01° 51’ 25” E. 60.04
feet; thence S. 86° 10’ 00” E. 215.00 feet; thence S. 01° 51’ 25” W.
60.04 feet to a point on said centerline; and thence N. 86° 10’ 00” W.
215.00 feet along said centerline to the POINT OF BEGINNING.
Containing 0.30 acres of land, more or less. Subject to any and all
easements or rights of way of record, if any.
Part of Tax ID No. 131-99-0009-000
Property address: 35300 Ann Arbor Trail
the Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid quit claim deed; and the City Clerk is hereby requested to
have the same recorded in the Office of the Register of Deeds and to do
all other things necessary or incidental to fulfill the purpose of this
resolution.
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During Audience Communication Brian Duggan, 14135 Denne, stated that Jeff
Nork, longtime Spree volunteer, had passed away.
On a motion by Bahr, supported by Brosnan, and unanimously adopted,
this 1,830th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:53 p.m. on August 9, 2017.
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Susan M. Nash, City Clerk