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HomeMy WebLinkAboutMINUTES 2018-12-17 REV 1/10/2019 40800 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SIXTY-THIRD REGULAR MEETING OF DECEMBER 17, 2018 On December 17, 2018 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Laura Toy at 7:00 p.m. Cathy White led the meeting in the Invocation. Roll was called with the following result: Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly, Brandon Kritzman, Scott Bahr and President Laura Toy. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; David Lear, Assistant City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy Priebe, Director of Legislative Affairs; Michael Slater, Director of Finance; Linda Gosselin, City Assessor; Casey O’Neil, Information Systems Analyst II; and Mayor Dennis Wright. On a motion by Jolly, supported by White, and unanimously adopted, it was: #435-18 RESOLVED, that the minutes of the 1,862nd Regular Meeting of Council held December 3, 2018 are approved as presented. Vice President Jolly presented a commendation to the Hoover Elementary Eco Action Team and invited Shawn Gross to the podium to talk about the group’s activities and accomplishments over the past four years. He stated that Hoover Elementary is the first school in the State of Michigan to receive this prestigious award, from the National Wildlife Federation. He recognized the members of his team who helped in implementing this as well as the teachers for their support and the Administration and their staff, along with the pupils of Hoover, the PTA, the volunteers and parents and grandparents. He went on to thank General Motors, U.S. Ecology, Livonia Jimmy John’s, Subaru, Wrigley’s and Home Depot for their financial support, as well as two Eagle Scouts through the Boy Scouts of America, Hans Anderson, Carter Akeman. He indicated that Livonia Parks 40801 Regular Meeting Minutes of December 17, 2018 and Rec has allowed them to take over Fairway Park, where a trail system was installed there, and also thanked the media, Mitch Albom, Channel 4 and the local newspapers for their help. He thanked the City of Livonia’s City Council for recognizing their accomplishments and invited all to join them on May 10, 2019, where the National Wildlife Federation will be presenting Hoover with the green flag. Councilmember Meakin spoke about Hoover Elementary, which has students Grades 1-4, and how it was quite an achievement for them to be recognized worldwide for their work. Councilmember Kritzman presented Matthew Price a Certificate of Commendation, for his achieving Eagle Scout status, Troop 400, Boy Scouts of America, and congratulated him on his success. Councilmember White presented commendations to the volunteers of the Merry & Bright Parade, held on December 2, 2018. Councilmember McIntyre commented on the death of Zoe Kokenakes, longtime teacher at Frost Middle School, who passed away last week. Vice President Jolly wished President Toy a happy birthday coming up on nd Saturday, December 22. Councilmember Bahr wished his oldest daughter Macy who turned 15 years old a happy birthday. st Councilmember McIntyre then wished her son David a happy 21 birthday on th January 5. Councilmember Kritzman also recognized Mayor Wright and his recent birthday. President Toy wished her niece Corrinne Toy a happy birthday. She then announced there is New Data on Items 10 and 11, as well as two Public Hearings coming up on January 7, 2019, at 7:00 p.m. in the Auditorium of City Hall, 33000 Civic Center Drive, Livonia, MI on the following matters: PETITION 2018-08-01-06 submitted by Cross Winds Court, to rezone the property located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road (34417 Ann Arbor Trail) in the Southwest ¼ of Section 33, from R-U-F (Rural Urban Farm – Minimum ½ Acre) to R-1 (One Family Residential – 60’ x 120’ Lots). 40802 Regular Meeting Minutes of December 17, 2018 PETITION 2018-10-01-09 submitted by Livonia Hotel Group, L.L.C., to rezone the property located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue (19265 Victor Parkway) in the Southeast 1/4 of Section 6, from C-2 (General Business) to C-4-I (High Rise Commercial - Maximum 6 Stories). During Audience Communication the following people spoke about the Planned Parenthood located on Farmington Road: Patricia Stefanoff, 15396 Alpine Drive, Livonia Tim Kilroy, 20148 Stamford Drive, Livonia On a motion by White, supported by Bahr, it was: A communication from the Office of the City Clerk, dated November 15, 2018, to which is attached a communication from Scott T. Vandemergel, MMAO (4), Director of Assessment & Equalization for Wayne County Zoological Authority (WCZA), dated August 31, 2018, re: Requesting that the Tax Collection for the Wayne County Zoological Authority for the 2018 Tax Year be collected as a winter tax, was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated November 15, 2018, to which is attached a communication from Scott T. Vandemergel, MMAO (4), Director of Assessment & Equalization for the Wayne County Art Institute Authority (WCAIA), dated August 31, 2018, re: Requesting that the Tax Collection for the Wayne County Art Institute Authority for the 2018 Tax Year be collected as a winter tax, was received and placed on file for the information of the Council. A communication from the Office of the City Clerk, dated November 15, 2018, to which is attached a communication from Rebecca Franchock, Acting Chief of Finance for Wayne County, dated August 9, 2018, re: Requesting that 40803 Regular Meeting Minutes of December 17, 2018 the Tax Collection for the Wayne County Huron Clinton Metropolitan Authority for the 2018 Tax Year be collected as a winter tax, was received and placed on file for the information of the Council. #436-18 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated November 14, 2018, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of seven (7) marked police vehicles for the routine replacement of marked and semi-marked vehicles, utilizing the State of Michigan and the Counties of Oakland and Macomb Consortium Bid Pricing in a total amount not to exceed $227,355.00, as follows: One (1) 2019 Ford Utility Police Interceptor in the amount of $31,720.00; One (1) 2019 Ford Utility Police Interceptor (K-9 vehicle) in the amount of $33,480.00; and One (1) 2019 Ford F-150 Police Responder in the amount of $39,275.00, from Signature Ford, 1960 E. Main Street, Owosso, MI 48867, for a total amount not to exceed $104,475.00, through the Macomb County consortium; and Two (2) 2019 Dodge Charger AWD Police Packages from LaFontaine Dodge, 6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of $24,977.00 each, for a total amount not to exceed $49,954.00, through the State of Michigan consortium; and Two (2) 2019 Chevrolet Tahoe 4WD Police Packages from Berger th Chevrolet, 2525 28 Street, Grand Rapids, MI 49512, in the amount of $36,463.00 each, for a total amount not to exceed $72,926.00, through the State of Michigan consortium; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $193,875.00 from funds already budgeted in Account No. 101-325-985-000 (Capital Outlay-Vehicles) and $33,480.00 in Account No. 265-333-985-000 (Drug Forfeiture Funds/Capital Outlay–Vehicles) for this purpose; FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan, Macomb County or Oakland County consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3.04.140.D4 of the Livonia Code of Ordinances, as amended. #437-18 RESOLVED, that having considered the report and recommendation of the Information Systems Director, dated November 13, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept 40804 Regular Meeting Minutes of December 17, 2018 the quote submitted by Visicom Services, Inc., 2534 S. Rochester Road, Rochester Hills, MI 48307 for the purchase, configuring and implementation of the Watchguard M4600 as a replacement component of the firewall for the City’s Network, in an amount not to exceed $31,400.77, the same to be expended from funds already budgeted in Account No. 101-915-962-000 (Capital Outlay Machine Equipment) for this purpose; FURTHER, the Council does hereby authorize this purchase without competitive bidding for the reason that Visicom is a sole source provider for these goods and services, and such action is taken in accordance with Sections 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. #438-18 RESOLVED, that having considered a communication from the City Engineer, dated November 15, 2018, which bears the signatures of the Director of Finance and the City Attorney, is approved by the Director of Public Works, and is approved for submission by the Mayor, concerning the inclusion in the local street system, for Act 51 revenue computation purposes, of the following streets: Liberty Drive (Addition) Length: 398.1 ft. Termini: Hix Road to Liberty Court Legal Description: Part of the Southwest ¼ of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as commencing at the West ¼ corner of Section 31; thence N 89°19’38” E, 2544.14 feet along the East-West ¼ line of said Section 31, also being the centerline of Ann Arbor Road; thence S 0°00’28” W, 232.78 feet along the West right-of-way line of Hix Road to the centerline of Liberty Drive and the Point of Beginning; thence S 89°43’50” W, 354.29 feet; thence 43.81 feet along a curve to the left, radius 55.00 feet, chord bearing S 66°52’12” W, 42.66 feet to the Point of Ending. Location: S.W. ¼ of Section 31 Liberty Court (Addition) Length: 889.5 ft. Termini: Liberty Drive to End 40805 Regular Meeting Minutes of December 17, 2018 Legal Description: Part of the Southwest ¼ of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as commencing at the West ¼ corner of Section 31; thence N 89°19’38” E, 2544.14 feet along the East-West ¼ line of said Section 31, also being the centerline of Ann Arbor Road; thence S 0°00’28” W, 232.78 feet along the West right-of-way line of Hix Road to the centerline of Liberty Drive; thence S 89°43’50” W, 354.29 feet; thence 43.81 feet along a curve to the left, radius 55.00 feet, chord bearing S 66°52’12” W, 42.66 feet to the Centerline of Liberty Court and the Point of Beginning; thence continuing 42.27 feet along a curve to the left, radius 55.00 feet, chord bearing S 21°59’41” W, 41.23 feet; thence S 0°00’28” W, 750.49 feet; thence 22.28 feet along a curve to the right, radius 75.00 feet, chord bearing S 8°50’12” W, 22.20 feet; thence S 17°20’55” W, 74.44 feet to the Point of Ending. Location: S.W. ¼ of Section 31 Independence Drive (Addition) Length: 512.8 ft. Termini: Liberty Court to Hix Road Legal Description: Part of the Southwest ¼ of Section 31, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan as commencing at the West ¼ corner of Section 31; thence N 89°19’38” E, 2544.14 feet along the East-West ¼ line of aid Section 3, also being the centerline of Ann Arbor Road; thence S 0°00’28” W, 512.78 feet along the West right-of-way line of Hix Road to the centerline of Independence Drive and the Point of Beginning; thence S 89°43’50” W, 408.94 feet to the Point of Ending. Location: S.W. ¼ of Section 31 The Council does hereby authorize the City Engineer acting as the Street Administrator to apply to the Michigan Department of Transportation for the inclusion of said streets in the City’s local street system for the purpose of computing the City’s share of Act 51 revenues. AND BE IT FURTHER RESOLVED THAT the streets are approved public streets and are open for public purposes; and FURTHER, that said streets are accepted into the City’s local street system and are located within a right-of-way under the control of the City of Livonia and that said streets were open to the public as of December 31, 2018. 40806 Regular Meeting Minutes of December 17, 2018 #439-18 RESOLVED, that having considered the report and recommendation of the City Engineer, dated November 20, 2018, which bears the signature of the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby authorize the release to Cade Meadows, LLC, 15067 Northville Road, Plymouth, MI 48170, the Proprietor of Cade Meadows Site Condominiums, located on the south side of Ann Arbor Trail between Newburgh Road and Dowling Avenue in the northwest ¼ of Section 32, the financial assurances previously deposited pursuant to Council Resolution 339-15, adopted on November 4, 2015, specifically: a) Monuments and Markers $700.00 (all cash) FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. A roll call vote was taken on the foregoing resolutions with the following result: AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy NAYS: None The President declared the resolutions adopted. On a motion by White, supported by Jolly, and unanimously adopted, it was: #440-18 RESOLVED, that having considered a communication from the City Treasurer, dated November 16, 2018, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting that the City enter into an E-Payment Services Agreement with Point & Pay, LLC, 110 State Street E, Suite D, Oldsmar, FL 34677, to allow City Departments the capability to process credit/debit card transactions in accordance with the attached fee schedule, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the E-Payment Services Agreement with Point & Pay, LLC in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. 40807 Regular Meeting Minutes of December 17, 2018 On a motion by McIntyre, supported by Bahr, and unanimously adopted, it was: #441-18 RESOLVED, that having considered a communication from the Information Systems Director, dated November 14, 2018, 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 TH to enter into a five (5) year contract with CivicPlus, Inc., 302 S. 4 Street, Suite 500, Manhattan, KS 66502, for the purchase of CivicPlus Webhosting and Support to provide a mobile app, a citizen request tracker (including an interface with DPW’S CityWorks solution), video streaming and archive, the ability to broadcast electronic newsletters and alerts, a new design that will be handicapped accessible and mobile friendly, and guaranteed redesign after 48 months of service to keep the City’s website fresh and innovative for a total amount not to exceed $94,703.00 for year one; and for the subsequent four years $18,575.00 per year (subject to an annual 5% increase for years three, four and five); plus $7,000.00 for the branding/graphics redesign option, in the event the Administration determines to avail itself of same, the same to be expended from funds already budgeted in Account No. 101-915-986-010 (Capital Outlay Computer Software) for this purpose; FURTHER, the Council does hereby authorize this purchase without competitive bidding because an interdepartmental review team determined that CivicPlus was the only vendor which offered the complete integrated solution the City needs, and such action is taken in accordance with Sections 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. A communication from the Department of Law, dated November 30, 2018, re: Petition 2018-10-01-08, was received and placed on file for the information of the Council. A communication from David Fishman, President of Universal Properties and Management, Inc., dated November 26, 2018, re: Petition 2018-10-01-08, was received and placed on file for the information of the Council. Meakin gave First Reading to the following Ordinance: AN ORDINANCE AMENDING SECTION 6 OF THE ZONING MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING SECTON 3.___________ THERETO.(Petition 2018-10-01-08) 40808 Regular Meeting Minutes of December 17, 2018 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. New plans received by the Office of the City Clerk on December 14, 2018, from MLR Engineering, with color renderings of Landscape Plan C5.0; Site Plan Sheet A2.01 revised 11/26/18; Site Plan Sheet C3.0 Dumpster & Parking Lot revised 12/10/18; Site Utility & Grading Plan Sheet C4.0; re: Petition 2018-08- 02-18, was received and placed on file for the information of the Council. Monument Signs received by the Office of the City Clerk on December 14, 2018, from W4Signs, re: Petition 2018-08-02-18, was received and placed on file for the information of the Council. On a motion by Meakin, supported by McIntyre, it was: #442-18 RESOLVED, that having considered a communication from the City Planning Commission, dated November 8, 2018, approved for submission by the Mayor, and a communication from Douglas Boehm, Executive Director, Comfort Care Senior Living, received by the Office of the City Clerk on November 7, 2018, which in accordance with the provisions of Section 19.08 of Ordinance No. 543, as amended, takes an appeal from a determination made on October 30, 2018, by the City Planning Commission in its resolution 10-73-2018, with regard to Petition 2018-08-02-18 submitted by Comfort Care Senior Living, requesting waiver use approval to construct and operate a senior assisted living facility, located on the north side of Plymouth Road between Farmington and Stark Roads (34020 Plymouth Road) in the Southeast ¼ of Section 28, and the Council having conducted a public hearing with regard to this matter on November 26, 2018, the Council does hereby reject the recommendation of the Planning Commission and Petition 2018-08-02-18 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan marked Sheet C3.0 dated December 10, 2018, as revised, prepared by MLR Engineering, is hereby approved and shall be adhered to; 40809 Regular Meeting Minutes of December 17, 2018 2. That the Landscape Plan marked Sheet C5.0 dated August 1, 2018, as revised, prepared by MLR Engineering, is hereby approved and shall be adhered to; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That the Plymouth Road Development Authority themed streetscape improvements shall be incorporated into the landscape design; 5. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That the Exterior Building Elevation Plans marked Sheet A2.01 dated November 26, 2018, prepared by JFR Architects, is hereby approved and shall be adhered to; 7. That this site shall meet the Wayne County Storm Water Management Ordinance and shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 8. That the petitioner shall correct to the Engineering Department’s satisfaction the stipulations contained in the correspondence dated August 24, 2018, including vacating the existing easements of the existing pond area; 9. That the petitioner shall correct to the Fire Department’s satisfaction the stipulations contained in the correspondence dated September 6, 2018; 10. That all light fixtures shall not exceed twenty feet (20’) in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 11. That a minimum five to seven-foot (5-7’) high masonry wall shall be erected along the west section of the property where it abuts land zoned residential unless either a variance is granted from the Zoning Board of Appeals, as recommended by City Council, or 40810 Regular Meeting Minutes of December 17, 2018 Council approves a planted greenbelt in lieu of the required masonry wall; 12. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 13. 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. Michael Zimmerman, 34239 Wadsworth, Livonia, came to the podium to ask for clarification on the requirements of the ordinance on abutting residential properties. Taormina replied that the ordinance requires and the plans do reflect the requirement for a minimum 5-foot high masonry screening wall that will run along the property line where it borders the residential district to the north as well as to the west of this site. In addition to the wall there will be some landscaping and a detailed landscaping plan was submitted as part of New Data does show a variety of plant materials including trees, and other shrubbery and will be gone over in detail by Council. Following discussion by Council, a roll call vote was taken on the foregoing motion by Meakin, supported by McIntyre, with the following result: AYES: White, McIntyre, Meakin, Kritzman and Toy NAYS: Jolly and Bahr The President declared the resolution adopted. On a motion by McIntyre, supported by Jolly, and unanimously adopted, it was: #443-18 RESOLVED, that having considered the report and recommendation of the City Assessor, dated November 27, 2018, which bears the signature of the Planning and Economic Director, and is approved for submission by the Mayor, with regard to Commercial Rehabilitation Exemption Certificate #C2015-021, which was issued for real property located at 19700-19750 Haggerty Road beginning December 31, 2015 and ending December 30, 2025, the Council does hereby determine to revoke Commercial Rehabilitation Exemption 40811 Regular Meeting Minutes of December 17, 2018 Certificate #C2015-021 for SREP Haggerty Road, LLC, per the request of the owner. President Toy asked each councilmember to recount a Holiday memory to share with Livonia residents. During Audience Communication the following person spoke on the Planned Parenthood on Farmington Road: Megan Mcdonald, 14424 Park Street, Livonia On a motion by Bahr, supported by Jolly, and unanimously adopted, this 1,863rd Regular Meeting of the Council of the City of Livonia was adjourned at 8:06 p.m. on December 17, 2018. _____________________ Susan M. Nash, City Clerk