HomeMy WebLinkAbout2019-11-06
REVISED 11-13-19
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-FOURTH
REGULAR MEETING OF NOVEMBER 6, 2019
On November 6, 2019 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. Councilmember Brian Meakin led the meeting in the Pledge
Roll was called with the following result: Brian Meakin, Jim Jolly, Brandon
Kritzman, Kathleen McIntyre (arrived 7:05 p.m.) and President Laura Toy.
Absent: Scott Bahr, Cathy White.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic Development; Todd Zilincik, City Engineer; Paul
Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy
Priebe, Director of Legislative Affairs; Ted Davis, Superintendent of Parks and
Recreation; and Dave Varga, Director of Administrative Services.
On a motion by Meakin, supported by Jolly, it was:
#358-19 RESOLVED, that the minutes of the 1,883rd
Regular Meeting of Council held October 21, 2019 are
approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Meakin, Jolly, Kritzman and Toy
NAYS: None
The President declared the resolution adopted.
Councilmember Meakin announced the sole October retiree, Justin DeFiore,
Senior Fire Captain, who served the City for twenty-five years, and wished him
well on his retirement.
President Toy wished Sara Kasprowicz from the Council office a happy birthday
th
which was on November 4.
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Regular Meeting Minutes of November 6, 2019
Councilmember Kritzman presented a commendation to the Livonia Franklin
Patriots Varsity Team for winning the 2019 City Championship.
The Coach of the Patriots came to the podium and said on behalf of the entire
team and Franklin School he thanked the Mayor and Council and stated they
would continue to work hard and make the City proud.
President Toy congratulated Councilmember Kathleen McIntyre on becoming
the newly elected President of City Council, as well as Councilmember Scott
Bahr on his re-election and new Councilmembers Brandon McCullough, Rob
Donovic, along with Maureen Miller Brosnan, who is our new Mayor.
Councilmember Meakin also congratulated Clerk Susie Nash and Treasurer
Lynda Scheel on their re-elections.
Councilmember McIntyre stated she is looking forward to serving with current
President Laura Toy for the next two years.
Clerk Susan Nash congratulated all of the candidates who ran in the City
General Election and complimented them on the commitment that they made to
the City of Livonia. It is a long process and people don’t realize how much
candidates do put in and their families put in.
She went on to say on the other side of the election is the working side, and she
would be remiss if she did not thank the team in the Livonia City Clerk’s Office.
Their hard work and dedication to this City was clearly shown on Election Day.
It was a wonderful day and she couldn’t be prouder of her staff and the hard work
they put in to make Election Day run smoothly.
She also thanked the precinct workers, the members of the counting boards
that process the absentee ballots at City Hall, it’s a long day and they do it and
they do a wonderful job.
Now that this election is over, the Clerk’s Office will start getting ready for the
next one, the Presidential Primary will be in March of 2020. She reminded
everyone if they are not on the permanent absentee application list and would
like to be, please contact the Clerk’s Office and it is also on the City of Livonia
website. The applications for that election will start going out at the end of
December.
President Toy stated that Mayor Wright is recovering in the hospital and all
good wishes and prayers go out to him.
President Toy announced there will be one public hearing being held on
Monday, November 25, 2019 at 7:00 p.m. in the Auditorium at City Hall, 33000
Civic Center Drive, Livonia, on the following matter:
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Regular Meeting Minutes of November 6, 2019
Petition 2019-08-06-02 submitted by the City Planning Commission, pursuant
to Council Resolution 293-19 and Section 23.01(a) of the Livonia Zoning
Ordinance No. 543, as amended, proposing to amend Subsection 18.42A of
Article XVIII which regulates wireless communication facilities by removing the
governing of small cells and creating a new Section 18.42B, which would
oversee the rules and technology of small cells.
President Toy announced there is New Data on Items 11 and 14.
During Audience Communication Eileen McDonnell, Council candidate, came to
the podium to thank everyone for their support during the election process. She
stated while working the polls on Election Day everyone was cordial. She then
stated she would like to see additional items for attachments on the City’s
website, that she thinks it would be beneficial for all the people in the community.
She would also like Council to consider with their budget for next year to take the
appropriation for funding, the revenue generated from Greenmead to be
reinvested into that property. There are buildings there that need a lot of work
and she feels the revenue from Greenmead should be reinvested into something
useful and productive for the community.
A communication from the Department of Finance, dated September 27,
2019, re: financial statements for the City of Livonia as of August 31, 2019, was
received and placed on file for the information of the Council.
On a motion by Jolly, supported by Kritzman, it was:
#359-19 RESOLVED, that having considered the report and
recommendation of the Office of the Mayor, dated October 10, 2019, and
in accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as
amended, the Council does hereby approve of and concur in the
reappointment of Kathleen McIntyre, 14455 Fairway, Livonia, MI 48154,
to the Livonia Brownfield Redevelopment Authority for a term of three
years, which will expire on November 24, 2022.
#360-19 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated October 2, 2019,
approved for submission by the Mayor, the Council does hereby approve
the Holiday Parade and Tree Lighting to be held on Sunday, December 8,
2019, beginning at 4:00 p.m.; Further, the Council does hereby approve
the parade route as follows:
Stark from Schoolcraft to Lyndon, Lyndon from Stark to
Farmington, and Farmington from Lyndon to Five Mile Road
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Regular Meeting Minutes of November 6, 2019
FURTHER, the Council does hereby request that the Wayne County
Department of Public Services allow the City of Livonia to close
Farmington Road between the hours of 4:00 p.m. and 5:00 p.m. or until
the road is returned to normal traffic operation; that the City of Livonia will
assume liability for any damage claims which may arise as a result of the
road closure, as to Wayne County only; and that Senior Police Officer
Michael Arakelian is hereby designated and authorized to sign the road
closure permit on behalf of the City of Livonia.
#361-19 RESOLVED, that having considered a communication from
the Director of Public Works and the Assistant Director of Public Service,
dated October 8, 2019, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, regarding the City’s
Household Hazardous Waste and Electronic Waste Drop-Off Program for
service years 2020 through 2023, the Council does hereby authorize the
Mayor and City Clerk, for and on behalf of the City of Livonia, to execute
a contract, subject to approval as to form and substance by the
Department of Law, with Environmental Recycling Group (ERG), 13040
Merriman Road, Suite 200, Livonia, MI 48150, to provide services for the
2020 through 2023 Household Hazardous Waste and E-Waste Drop-Off
Program, at their location, with an option for the City to terminate the
agreement after each year, in a total amount not to exceed $110,000.00
per year, the same having been the only bid received and meets all
specifications; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $110,000.00 per year, based on
the following pricing:
Year Cost Per 100 pounds/waste
2020 $47.00
2021 $49.25
2022 $51.75
2023 $54.00
from funds already budgeted in Account No. 205-527-818-035 (Municipal
Refuse Fund) for this purpose.
#362-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Assistant
Director of Public Service, dated October 3, 2019, 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 29 cases of
Fourstar 180 Day Briquettes from Clarke Mosquito Control, 159 N. Garden
Avenue, Roselle, Illinois 60172, for the 2020 Mosquito Treatment
Program, in an amount not to exceed $19,836.00; FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$19,836.00 from funds budgeted in the Municipal Refuse Fund (Account
No. 205-526-805-010 - Pest Control) for this purpose; FURTHER, the
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Regular Meeting Minutes of November 6, 2019
Council does hereby authorize the purchase of said item without
competitive bidding for the reasons indicated in the aforesaid
communication, and such action is taken in accordance with Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
#363-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated October 7, 2019,
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 Alta
Equipment, 13211 Merriman Road, Livonia, MI 48150, for the purchase of
one (1) Hyster Model S40FTS Forklift, for a total amount not to exceed
$24,434.80, the same having been the lowest qualified bid received which
meets all specifications; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $24,434.80 from funds budgeted
in Account No. 592-140-000 (Capital Outlay) for this purpose; FURTHER,
the Council does hereby authorize the disposal of the replaced forklift at
public auction hosted by the Michigan Inter-governmental Trade Network
(MITN) or commercial auction after receipt of the new forklift.
#364-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated October 14, 2019, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is attached
a communication from OHM Advisors, dated October 14, 2019, enclosing
a proposed amendment to the Qualification-Based Selection (QBS)
contract between the City of Livonia and OHM Advisors, pursuant to
Council Resolution 365-16, adopted on September 19, 2016, the Council
does hereby authorize the Mayor and City Clerk, for and on behalf of the
City of Livonia, to execute the attached contract amendment between the
City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia,
Michigan 48150, to provide Engineering Design Services, DWRF Contract
Administration Services, and Soils Investigation Services associated with
the 2020 Drinking Water Revolving Fund (DWRF) water main projects, in
an amount not to exceed $547,000.00; FURTHER, the Council does
hereby authorize an additional appropriation and expenditure in an
amount not to exceed $547,000.00 ($505,000.00 for engineering design
services, $20,000.00 for DWRF contract administration services; and
$22,000.00 for soils investigation services) from the Unexpended Fund
Balance of the Water and Sewer Fund (592) for this purpose.
#365-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated October 9, 2019, which is
approved by the Director of Public Works, approved as to form by the City
Attorney and approved for submission by the Mayor, with regard to a
request from Haggerty Square, LLC, in conjunction with the construction
of an underground storm drainage system that provides adequate
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Regular Meeting Minutes of November 6, 2019
drainage for property developed at 19750 Haggerty Road, in the
Northwest ¼ of Section 6, the Council does hereby determine as follows:
1. To accept on behalf of the City of Livonia, the jurisdiction and
maintenance of the underground storm sewer within the property
located on the east side of Haggerty Road, north of Seven Mile
Road, in the N.W. ¼ of Section 6, for Haggerty Square Phase II,
which accommodates storm water from property developed at
19750 Haggerty Road, with the maintenance agreement from the
owner, Haggerty Square, LLC, 4036 Telegraph Road, Bloomfield
Hills, Michigan 48320, attached to said report and
recommendation, indicating a corporate commitment to maintain
the system and reimburse the City for any maintenance the City
performs; and
2. To authorize the Mayor and City Clerk to execute the Storm Water
Facilities Maintenance Agreement on behalf of the City.
#366-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 9, 2019, approved for
submission by the Mayor, which transmits its resolution #09-79-2019,
adopted on October 8, 2019, with regard to Petition 2019-09-08-14,
submitted by Livonia Medical Ventures L.L.C., to construct a canopy
addition and renovate the exterior façade of the building located on the
east side of Middlebelt Road between West Chicago and Plymouth Road
(10982 Middlebelt Road) in the Northwest ¼ of Section 36, the Council
does hereby concur in the recommendation made by the City Planning
Commission and Petition 2019-09-08-14 is hereby approved and granted,
subject to the following conditions:
1. That the Engineering Site Plan identified as Sheet No. SP-2 dated
September 19, 2019 prepared by Nowak & Fraus Engineers, is
hereby approved and shall be adhered to;
2. That the site’s parking lot shall be repaired, resealed and restriped
to the satisfaction of the Inspection Department. Parking spaces
shall be doubled striped and measure ten feet (10’) in width by
twenty feet (20’) in length;
3. That the three walls of the trash dumpster area shall be constructed
out of building materials that shall complement that of the building.
The enclosure gates shall be of solid panel steel construction or
durable, long-lasting solid panel fiberglass. The trash dumpster
area shall always be maintained and when not in use the enclosure
gates shall be closed;
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Regular Meeting Minutes of November 6, 2019
4. That the Exterior Elevations Plan identified as Sheet Number A1
dated September 18, 2019 prepared by Alexander V. Bogaerts &
Associates, is hereby approved and shall be adhered to;
5. That the exterior color scheme, as depicted in the rendering
received by the Planning Commission on October 2, 2019; is
hereby approved and shall be adhered to;
6. That all rooftop mechanical equipment shall be concealed from
public view on all sides by screening that shall be of a compatible
character, material and color to other exterior materials on the
building;
7. That only conforming signage is approved with this petition, and
any additional signage shall be separately submitted for review and
approval by the Zoning Board of Appeals;
8. That no LED light band or exposed neon shall be permitted on this
site including, but not limited to, the building or around the windows;
9. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time the building
permits are applied for; and
10. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of one year 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.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Meakin, McIntyre, Jolly, Kritzman and Toy
NAYS: None
The President declared the resolutions adopted.
Jolly gave first reading to the following Ordinance:
AN ORDINANCE VACATING THE USE OF PORTIONS
OF STREET, ALLEY AND PUBLIC GROUND.
(Petition 2019-07-03-03)
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Regular Meeting Minutes of November 6, 2019
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.
Meakin took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 7 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 2019-01-01-01)
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Meakin, Jolly, Kritzman, McIntyre and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
An email communication from Cheryl Petroskey, Office of the Mayor,
dated October 31, 2019, re: reappointment of Andrew Lendrum to the Livonia
Brownfield Redevelopment Authority, was received and placed on file for the
information of the Council.
On a motion by Kritzman, supported by and unanimously adopted, it was:
#367-19 RESOLVED, that having considered the report and
recommendation of the Office of the Mayor, dated October 10, 2019, and
in accordance with the provisions of the Brownfield Redevelopment
Financing Act, Act 381 of Public Acts of the State of Michigan of 1996, as
amended, the Council does hereby approve of and concur in the
reappointment of Andrew Lendrum, 19706 Osmus, Livonia, MI 48152, to
the Livonia Brownfield Redevelopment Authority for a term of three years,
which will expire on November 24, 2022.
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Regular Meeting Minutes of November 6, 2019
Councilmember McIntyre stepped down from the dais to avoid any perceived
conflict of interest.
On a motion by Jolly, supported by Meakin, and unanimously adopted, it
was:
#368-19 RESOLVED, that having considered a communication from
the Human Resources Director, dated October 2, 2019, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which sets forth resolution no. 19-142, adopted by the Civil
Service Commission on September 25, 2019, wherein it is recommended
to approve job level and classification adjustments, as well as wage
increases, in accordance with the State of Michigan minimum wage
increase, for various Recreation Center jobs, the Council does hereby
concur in and approve the recommendation of the Civil Service
Commission regarding those changes to be effective January 1, 2020
through December 31, 2022, as outlined in the aforementioned
communication and attachments thereto.
Councilmember McIntyre returned to the dais.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#369-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the Assistant
Director of Public Works, dated October 8, 2019, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, regarding an additional expenditure in connection with the City’s
three year contract extension with RCI Electric (formerly MAS Electrical
Services), 31164 Eight Mile Road, Farmington Hills, MI 48336, for the
period April 1, 2018 through March 31, 2021, pursuant to Council
Resolution #127-18, adopted on April 9, 2018, to amend the annual
expenditure for 2019, only, to an amount not to exceed $275,000.00, due
to the unexpected need for contracted services for electrical-related
issues, the Council does hereby authorize an additional expenditure
increasing the total contract amount for Fiscal Year 2018-2019, only, to
$275,000.00, such additional amount being payable to RCI Electric,
31164 Eight Mile Road, Farmington Hills, MI 48336, for completing all
work required in connection with the maintenance and repairs of Citywide
electrical services for fiscal year 2018-2019, only; FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
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Regular Meeting Minutes of November 6, 2019
$275,000.00 from funds already budgeted in Account No: 101-447-818-
020 (Contractual Services Maintenance/Bldg Maintenance) for this
purpose.
A communication from Trey Brice, Jaffe, Raitt, Heuer & Weiss, dated
October 29, 2019 requesting an appearance before the Committee of the Whole,
re: Extension of Waiver Use Approval Petition 2018-04-02-10, was received and
placed on file for the information of the Council.
On a motion by Jolly, supported by Kritzman, it was:
#370-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 9, 2019, approved for
submission by the Mayor, which sets forth its resolution #09-80-2019,
adopted on October 8, 2019, with regard to a request from Trey Brice of
Jaffe, Raitt, Heuer & Weiss, dated September 11, 2019, for an additional
one-year extension of the waiver use approval of Petition 2018-04-02-10,
submitted by Feldman Automotive, Inc., previously approved in Council
Resolution #355-18, adopted on October 1, 2018, to construct and
operate a used auto dealership with outdoor display of vehicles (Feldman
Pre-Owned Superstore) on property located on the north side of Plymouth
Road between Farmington and Stark Road (33850 Plymouth Road), in
the Southeast ¼ of Section 28, and a communication from Trey Brice,
Jaffe, Raitt, Heuer & Weiss, dated October 29, 2019, requesting an
appearance before the Committee of the Whole, with respect to this item,
the Council does hereby refer this item to the Committee of the Whole for
its report and recommendation.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: Jolly, Kritzman, McIntyre and Toy
NAYS: Meakin
The President declared the resolution adopted.
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Regular Meeting Minutes of November 6, 2019
On a motion by Jolly, supported by McIntyre and unanimously adopted,
it was:
#371-19 RESOLVED, that having considered the request of Council
Vice President Jim Jolly, at the Study Meeting held October 21, 2019,
regarding the subject matter of meeting agenda information being
available on the City website for public viewing, the Council does hereby
refer this item to the Committee of the Whole to explore ways that
information can be made available to the City’s residents prior to the
meetings.
On a motion by Kritzman, supported by Jolly, and unanimously adopted,
it was:
#372-19 RESOLVED, that having considered a communication from
the Department of Law, dated October 16, 2019, approved for submission
by the Mayor, transmitting for Council acceptance of a Grant of Easement
executed by Jordan Jonna, Manager, Haggerty Square, LLC, a Michigan
limited liability company, for a twelve (12) foot wide public utility easement
in connection with the construction of a water main at the subject location
in the Northwest 1/4 of Section 6, more particularly described as:
12-Foot Wide Public Water Main Easement
Land situated in the City of Livonia, County of Wayne, Michigan described
as:
Commencing at the West ¼ Corner of Section 6, Town 1 South, Range 9
East; thence North 89 degrees 21 minutes 58 seconds East 60.00 feet;
thence South 00 degrees 00 minutes 44 seconds West 543.07 feet;
thence North 89 degrees 21 minutes 58 seconds East 287.88 feet; thence
North 00 degrees 21 minutes 49 seconds West 7.00 feet to the Point of
Beginning of a 12 foot wide water main easement; thence North 89
degrees 21 minutes 25 seconds East 5.03 feet; thence North 44 degrees
21 minutes 58 seconds East 70.39 feet to Point A; thence North 44
degrees 21 minutes 58 seconds East 37.18 feet; thence South 89 degrees
59 minutes 09 seconds East 409.64 feet; thence North 45 degrees 00
minutes 51 seconds East 7.35 feet to Point B; thence North 45 degrees
00 minutes 51 seconds East 16.67 feet; thence North 00 degrees 00
minutes 51 seconds East 340.35 feet; thence North 44 degrees 59
minutes 09 seconds West 13.54 feet to Point C; thence North 44 degrees
59 minutes 09 seconds West 5.78 feet; South 89 degrees 59 minutes 34
seconds West 237.77 feet to Point D; thence South 89 degrees 59
minutes 34 seconds West 202.05 feet; thence North 44 degrees 49
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Regular Meeting Minutes of November 6, 2019
minutes 21 seconds West 12.87 feet to Point E; thence North 44 degrees
49 minutes 21 seconds West 58.30 feet to the Point of Ending; thence
from Point A North 45 degrees 38 minutes 02 seconds West 14.22 feet;
thence from Point B South 44 degrees 59 minutes 09 seconds East 29.57
feet; thence from Point C North 45 degrees 00 minutes 51 seconds East
20.96 feet; thence from Point D South 00 degrees 00 minutes 26 seconds
East 114.43 feet; thence from Point E North 45 degrees 10 minutes 39
seconds East 11.00 feet.
The Council does hereby, for and in behalf of the City of Livonia, accept
the aforesaid Grant of Easement and the City Clerk is hereby requested
to have the same recorded in the Office of the Register of Deeds and to
do all other things necessary or incidental to fulfill the purpose of this
resolution.
There was no Audience Communication at the end of the meeting.
,
On a motion by Meakin, supported by Jolly, and unanimously adopted,
this 1,884th Regular Meeting of the Council of the City of Livonia was adjourned
at 7:24 p.m. on November 6, 2019.
_____________________
Susan M. Nash, City Clerk