HomeMy WebLinkAbout2019-12-16
41170
MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-SEVENTH
REGULAR MEETING OF DECEMBER 16, 2019
On December 16, 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 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 (arrived 7:26 p.m.), and
President Laura Toy.
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; Mike
Slater, Director of Finance; Judy Priebe, Director of Legislative Affairs; Dave
Varga, Director of Administrative Services; and Mayor Dennis Wright.
On a motion by Jolly, supported by Kritzman, it was:
#400-19 RESOLVED, that the minutes of the 1,886th
Regular Meeting of Council held December 2, 2019 are
approved as presented.
A roll call vote was taken on the foregoing motion with the following result:
AYES: McIntyre, Meakin, Jolly, Kritzman, and Toy
NAYS: None
PRESENT: White
The President declared the resolution adopted.
Councilmember Kritzman presented a commendation to Mike Fisher for 25 years
of service with the City of Livonia.
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Regular Meeting Minutes of December 16, 2019
Councilmember McIntyre thanked all City employees for participating in the
recent Jeans Day to raise funds for The Senior Alliance. She also took a moment
to wish her son, David, a Happy 22nd Birthday.
Councilmember White presented a commendation to outgoing Councilmember
Brian Meakin and thanked him for his years of service on Council.
Vice President Jolly presented a commendation to outgoing Councilmember
Kritzman and thanked him for his years of service on Council.
Councilmember Kritzman thanked everyone for their support and the opportunity
to serve his community.
Councilmember Meakin thanked his colleagues for their support and stated it
was his honor to serve for many years on Council.
Councilmember White thanked President of Livonia Chamber of Commerce, Dan
West, and City Planner, Mark Taormina, for planning the organize site bus tour
of the City conducted on December 13, 2019 for elected officials and Department
heads.
Councilmember McIntyre thanked outgoing Councilmembers Kritzman and
Meakin for their help, support and knowledge they shared over the years.
McIntyre indicated she cherished their friendships and they would be missed
tremendously but thanked them for their years of service.
Councilmember White stated outgoing Councilmembers Meakin and Kritzman
brought invaluable experience to the Council and thanked both for sharing their
knowledge and views and wished them the best in the future.
Vice President Jolly thanked both outgoing Councilmembers Kritzman and
Meakin for their dedication and service on Council and wished them both well in
the future.
President Toy thanked both outgoing Councilmembers Kritzman and Meakin for
their dedication and service on Council. President Toy stated this had been one
of the best Councils she had ever served on over her years with the City.
Vice President Jolly presented a plaque with all Council Presidents’ names
engraved on it to President Toy and stated her name had been added for the
fourth time and is the only name that appears so many times. Vice President
nd
Jolly wished President Toy a Happy Birthday on December 22 and stated it has
been a pleasure and honor working under her leadership on Council.
President Toy announced there is New Data on Items 3, 16, 18 and 19.
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Regular Meeting Minutes of December 16, 2019
President Toy sent belated birthday greetings to Councilmember Brian Meakin
and Mayor Dennis Wright.
President Toy announced that there will be one (1) Public Hearing being held on
Wednesday, January 8, 2020, at 7:00 p.m. in the Auditorium of the City Hall,
33000 Civic Center Drive, Livonia, on the following matter:
Paul F. Bohn, Fausone Bohn, LLP, Attorneys at Law, on behalf of Livonia Hotel
Group, LLC, requesting to establish a Commercial Rehabilitation District for
the property located at 19265 Victor Parkway, Livonia, MI 48152, to facilitate the
redevelopment of this property. (Tax ID No. 024 99 003 009)
During Audience Communication Gina Wheaton,10945 Stark Road, addressed
Council to inquire if an item can be moved up on the Council Agenda, specifically
she would like to have Item #19 moved to the top of the Agenda
A communication from the Department of Finance, dated November 29,
2019, re: financial statements for the City of Livonia as of October 31, 2019, was
received and placed on file for the information of the Council.
On a motion by Jolly, supported by McIntyre, it was:
#401-19 RESOLVED, that having considered an application from
John Heinzman, II, President, Ardan Academy of Irish Dance, Inc., dated
October 25, 2019, the Council does hereby take this means to indicate
that Ardan Academy of Irish Dance Booster Club, Inc., is recognized as a
non-profit organization operating in the community, and the action herein
being taken for the purpose of affording Ardan Academy of Irish Dance
Booster Club, Inc., the opportunity to qualify for a charitable gaming
license or registration from the State of Michigan in accordance with
provisions of State statute.
A communication from the Office of the City Clerk, dated November
14, 2019, re: attaching a communication from Tammy Bonifield, Livonia Board
of Education Secretary, dated October 29, 2019, was received and place on file
for the information of the Council.
#402-19 RESOLVED, that having considered a communication from
the Department of Assessment, bearing the signatures of the Planning
Director and the City Engineer, dated November 11, 2019, approved for
submission by the Mayor, regarding a request from Robert Trenkle and
Elizabeth Pizzo, 29568 MacIntyre, Livonia, MI 48150 and Gina Nguyen,
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Regular Meeting Minutes of December 16, 2019
29525 Robert, Livonia, MI 48150 for a proposed lot split and combination
of the property located at the Northwest corner of Robert and MacIntyre
Avenues, in the Northeast ¼ of Section 35, (29568 MacIntyre, 29551
Robert and 29525 Robert) and to waive the lot depth and area for
proposed Parcel 1, and in accordance with the provisions of 1967 PA 288,
as amended, as well as Code of Ordinances Section 16.32.030 and
Section 18.46 of Ordinance No. 543, both as amended, the Council does
hereby determine to refer this item to the Committee of the Whole for its
report and recommendation.
#403-19 RESOLVED, that having considered the report and
recommendation of the Information Systems Director, dated November
18, 2019, submitted pursuant to Council Resolution Nos. 21-14 and 83-
16,which bears the signature of the Director of Finance and the City
Attorney and is approved for submission by the Mayor, the Council does
hereby authorize the renewal of the Microsoft Enterprise Licensing
Agreement from LA Dell Marketing L.P., One Dell Way, Round Rock, TX
78680 for a period of three (3) years, commencing February 29, 2020 to
February 28, 2023, for an annual amount not to exceed $80,109.75;
FURTHER, the Council does hereby authorize an annual expenditure in
an amount not to exceed $80,109.75 from funds already budgeted in
Account No. 101-915-851-020, for this purpose; 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, as well as for the additional reasons indicated in the aforesaid
communication; 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; 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.
#404-19 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated November 20, 2019,
submitted pursuant to Council Resolution 412-18, adopted on December
3, 2018, which bears the signatures of the Information Systems Director,
Director of Finance and the Chief Assistant City Attorney, and is approved
for submission by the Mayor, the Council does hereby authorize the Mayor
and City Clerk to enter into an agreement, commencing December 2019,
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with CivicPlus and CP Pay Merchant, 302 S. 4 Street, Suite 500,
Manhattan, KS 66502 and Open Edge Global Payments, 278 600 N.
Lindon, UT 84042, for E-Payment Services to process ACH/eChecks and
Credit/Debit Card transactions, in accordance with the fee schedule
attached to the aforesaid communication, at the Jack E. Kirksey
Recreation Center; FURTHER, the Council does hereby authorize
payment of the usage fees, as recommended in the aforesaid
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Regular Meeting Minutes of December 16, 2019
communication, from funds budgeted in the 2019-2020 budget Account
No. 208-755-851-020 for this purpose; and the Mayor and City Clerk are
hereby authorized for and on behalf of the City of Livonia to execute a
contract, approved as to form and substance by the Department of Law,
with CP Pay Merchant/Open Edge Global Payments, and to do all things
necessary or incidental to the full performance of this resolution.
#405-19 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated November 18, 2019, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, the Council does hereby, for and on behalf of the City of
Livonia, accept the Federal Emergency Management Agency (FEMA) FY
2018 Assistance to Firefighter Grant (AFG) Award, wherein the total grant
project has been budgeted for $471,242.00, with the Federal
Government’s portion being $428,406.10 and the City’s portion (10%)
being $42,835.90, to be used by the Fire Department to purchase
Motorola and Motorola compatible radio equipment and accessories, said
funds to be deposited and maintained in the Public Safety Communication
Fund (261) for this purpose; FURTHER, the Council does hereby
authorize an additional appropriation and expenditure in an amount not to
exceed $42,835.90 from the unexpended fund balance of the Public
Safety Communication Fund (261) payable to the City of Dearborn
Heights, 1999 N. Beech Daly Road, Dearborn Heights, MI 48127 for the
purchase of Motorola and Motorola compatible radio equipment and
accessories from sole source providers: Motorola Solutions, Inc., 1301 E.
Algonquin Road, Schaumburg IL 60196 and Pinnacle Peak Holding
Corporation, dba Setcom Corporation., 3019 Alvin DeVane Blvd., Suite
560, Austin TX 78741; FURTHER, the Council does hereby authorize the
said action without competitive bidding for the reason that Motorola
Solutions Inc. and Pinnacle Peak Holding Corporation, dba Setcom
Corporation, are sole source vendors for the Motorola radio equipment
and Motorola compatible devices and accessories, and such action is
taken in accordance with Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended.
#406-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 15,
2019, which bears the signature of the Director of Finance and is approved
for submission by the Mayor, the Council does hereby accept the quote of
Webster & Garner Inc., 3346 W. Vienna Road, Clio, MI 48420 for
supplying the Public Service Division with Propane Fuel, which meets all
necessary fueling station specifications required by the Department for
the filling of propane fuel, at a cost of $0.23 per gallon over the market
price, until February 28, 2022, such funds to be expended from funds
already budgeted in Account No. 101-446-751-100 (Public Service
Propane Account) for this purpose; FURTHER, the Council does hereby
determine to authorize the said purchase without competitive bidding
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Regular Meeting Minutes of December 16, 2019
inasmuch as the same is based upon the low Oakland County Liquid
Propane Gas Delivery bid price under Contract No. 004997 for supplying
propane fuel; 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.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.
#407-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 21,
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 one (1) Caterpillar Excavator 308RQ in an amount not to
exceed $118,639.00 and one (1) Trail King Red RIVER Transportation
Trailer Model TK24LP in an amount not to exceed $16,568.93, for a total
amount not to exceed $135,207.93, from Michigan CAT, 24800 Novi
Road, Novi, MI 48375, to be used primarily by the Water and Sewer
Section of the Department of Public Works for the repair of water main
breaks and water hydrant replacements; FURTHER, the Council does
hereby authorize an expenditure in an amount not to exceed $135,207.93
from funds already budgeted for this purpose in the Capital Outlay budget
fund, Account No: 592-569-140-000; 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 MI-Deal
bid price under Contract No. 071B7700084 for the new vehicle purchase;
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.4 of the Livonia Code of Ordinances, as amended.
#408-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 21,
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 one (1) Caterpillar Skid Steer Loader 289D3 AQB in an
amount not to exceed $72,432.45 from Michigan CAT, 24800 Novi road,
Novi, MI 48375, to be used primarily by the Water and Sewer Section of
the Department of Public Works for jobs where an excavator or backhoe
are too large or may cause too much ground damage; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$72,432.45 from funds already budgeted for this purpose in the Capital
Outlay budget fund, Account No: 592-569-140-000; 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 MI-Deal bid price under Contract No. 071B7700084 for the new
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Regular Meeting Minutes of December 16, 2019
vehicle purchase; 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.4 of the Livonia Code of
Ordinances, as amended
#409-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated December 2,
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 one (1) John Deere 5075E 4-Wheel Drive Tractor - to be
assigned to Athletic Field Maintenance and available to all Public Service
employees to operate - at a cost of $43,035.05; one (1) 520M Loader
attachment at a cost of $6,696.50; and one (1) 7-Foot Boom Mounted
Front Blade Attachment at a cost of $3,070.20, for a total amount not to
exceed $52,801.75 from Deere & Company, 2000 John Deere Run, Cary,
NC 27513, to replace a Ford/New Holland Tractor (Unit #286) purchased
in the mid-1990’s that has exceeded its life expectancy; FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$52,801.75 from funds already budgeted for this purpose in the Capital
Outlay budget fund, Account No: 401-000-987-000; FURTHER, the
Council does hereby determine to authorize the said purchase without
competitive bidding 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, inasmuch as the same is based upon the low
State of Michigan MI-Deal bid price under Contract No. 071B7700085 for
the new vehicle purchase; and no advantage to the City would result from
competitive bidding; FURTHER, the Council does hereby authorize the
disposal of the replaced tractor at public auction hosted by the Michigan
Inter-governmental Trade Network (MITN) or commercial auction after
receipt of the new tractor.
#410-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated November 21,
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 two (2) 2019 Ford F250 Trucks from Signature Ford, 1960 E.
Main Street, Owosso, Michigan 48867 in an amount not to exceed
$68,512.00; and the upfitting of said vehicles with animal boxes by Swab
Wagon Company, Inc., One Chestnut Avenue, Elizabethville, PA 17023,
in an amount not to exceed $40,140.00, plus estimated shipping cost in
the amount of $4,000.00; for a total amount not to exceed $112,652.00,
to replace the current Animal Control Officers’ trucks that have surpassed
their life expectancy, the same to be expended from funds already
budgeted for this purpose in account no: 205-526-985-000 (Capital Outlay
Budget); 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 MI-Deal bid price under Contract No.
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071B7700180 for the new vehicle purchase; 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.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 the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new vehicles.
#411-19 RESOLVED, that having considered a communication from
the Director of Planning and Economic Development, dated November
18, 2019, 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 accept the bid of Graphic Sciences, Inc., 1551 East Lincoln
Avenue, Madison Heights, MI 48071 for performing all work required in
connection with scanning paper files to digital imaging, file indexing, and
conversion of such data to a format compatible for inclusion in the City’s
Laserfiche Document Search and Retrieval Software, utilizing the State of
Michigan Bid Process for scanning and microfilm services (under Contract
No. 171180000000749) for a total amount not to exceed $70,000.00;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $70,000.00 from funds already budgeted for this
purpose in Account No: 101-805-818-000 (Professional Services);
FURTHER, the Council does hereby determine to authorize this purchase
without competitive bidding inasmuch as the same is based upon the low
State of Michigan bid for Scanning and Microfilm Services (Under
Contract No: 171180000000749), 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; and the Mayor and City Clerk are hereby
authorized to execute an agreement for and on behalf of the City of Livonia
with the aforesaid company, 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.
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.
Councilmember White, as Chair of the Capital Outlay & Infrastructure
Committee, reported out on the meetings of October 30, 2019 and November 13,
2019.
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a. Request to schedule a meeting to discuss the conceptual planning
and design of the proposed DPW Water & Sewer Building for its
report and recommendation. (Allocation of Funds) (CR 152-15)
On a motion by White, supported by McIntyre, and unanimously adopted,
it was:
#412-19 RESOLVED, that having considered the reports and
recommendations of the Capital Outlay and Infrastructure Committee,
dated October 30, 2019 and November 13, 2019, submitted pursuant to
Council Resolution No. 152-15, adopted on May 18, 2015, and
communications from the Director of Finance and the Director of Public
Works, dated November 7, 2019 and November 18, 2019, which are
approved for submission by the Mayor, and a communication from the
Departments of Public Works and Finance, dated October 25, 2019, which
is approved for submission by the Mayor, regarding the summary status
of the new DPW Building Project and the proposed Guaranteed Maximum
Price (GMP), and the cost allocation and funding sources for the DPW
HQ/Water Building, the Council does hereby determine to authorize a total
payment to Demaria Building Company, Inc., 45500 Grand River Avenue,
Novi, MI 48374 in the amount of $9,247,797.00 (GMP in the amount of
$9,227,290.00 and pre-construction services in the amount of $20,507.00)
and authorizes the Mayor and City Clerk to execute a contract
amendment, approved as to form and substance by the Department of
Law, reflecting these amounts.
On a motion by White, supported by Bahr, it was:
RESOLVED, that having considered the reports and
recommendations of the Capital Outlay and Infrastructure Committee,
dated October 30, 2019 and November 13, 2019, submitted pursuant to
Council Resolution No. 152-15, adopted on May 18, 2015, and
communications from the Director of Finance and the Director of Public
Works, dated November 7, 2019 and November 18, 2019, which are
approved for submission by the Mayor, and a communication from the
Departments of Public Works and Finance, dated October 25, 2019, which
is approved for submission by the Mayor, regarding the summary status
of the new DPW Building Project and the proposed Guaranteed Maximum
Price (GMP), and the cost allocation and funding sources for the DPW
HQ/Water Building, the Council does hereby determine as follows:
1. To authorize a total project cost in the amount of
$9,876,829.00; and
2. To authorize an additional appropriation and expenditure in
the amount of $6,762,085.00 from the unexpended fund
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balance of the Water and Sewer Fund (592) and $1,854,058
from the unexpended fund balance of the General Fund
(101), with $2,600,000.00 to be reimbursed to the Water and
Sewer Fund from the proceeds of a bond issuance; and
Following discussion by Council, a roll call vote was taken on the foregoing
resolution with the following result:
AYES: White, Bahr, and Toy
NAYS: McIntyre, Meakin, Jolly, and Kritzman
The President declared the resolution failed for lack of support.
On a motion by McIntyre, supported by Kritzman, and unanimously
adopted, it was:
#413-19 RESOLVED, that having considered the reports and
recommendations of the Capital Outlay and Infrastructure Committee,
dated October 30, 2019 and November 13, 2019, submitted pursuant to
Council Resolution No. 152-15, adopted on May 18, 2015, and
communications from the Director of Finance and the Director of Public
Works, dated November 7, 2019 and November 18, 2019, which are
approved for submission by the Mayor, and a communication from the
Departments of Public Works and Finance, dated October 25, 2019, which
is approved for submission by the Mayor, regarding the summary status
of the new DPW Building Project and the proposed Guaranteed Maximum
Price (GMP), and the cost allocation and funding sources for the DPW
HQ/Water Building, the Council does hereby determine as follows:
1. To authorize total project cost in the amount of
$9,876,829.00; and
2. To authorize an additional appropriation and expenditure in
the amount of $6,762,085.00 from the unexpended fund
balance of the Water and Sewer Fund (592) and $1,854,058
from the unexpended fund balance of the General Fund
(101), with $4,600,000.00 to be reimbursed to the Water and
Sewer Fund from the proceeds of a bond issuance.
This item will remain in Committee.
White took from the table, for second reading and adoption, the following
Ordinance:
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Regular Meeting Minutes of December 16, 2019
AN ORDINANCE AMENDING SECTION 11 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 2019-07-01-06)
. A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, it was:
#414-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 20, 2019, approved for
submission by the Mayor, which transmits its resolution #11-89-2019,
adopted on November 19, 2019, with regard to Petition 2019-10-02-15,
submitted by Tiseo Architects, Inc., on behalf of Citizens Bank, to
construct and operate a freestanding drive-up ATM kiosk within the
parking lot of the shopping center on the west side of Middlebelt Road
between Clarita Avenue and Seven Mile Road (19043-19053 Middlebelt
Road) in the Northeast ¼ of Section 11, the Council does hereby concur
in the recommendation made by the City Planning Commission and
Petition 2019-10-02-15 is hereby approved and granted, subject to the
following conditions:
1. That Section 10.03(l)(4) requiring the drive-up window not be used
for any purpose except the principal business use at the site be
waived pursuant to Section 19.06(1) by means of a separate
resolution in which two-thirds (2/3) of the members of the City
Council concur;
2. That Section 10.03(l)(3) requiring the traffic lane serving the drive-
up service facility have enough waiting space provided at a
minimum rate of at least four (4) car spaces in addition to the space
at the drive-up window be modified to allow for three (3) car spaces,
pursuant to Section 19.06(1) by means of a separate resolution in
which two-thirds (2/3) of the members of the City Council concur;
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3. That the location of the freestanding drive-up ATM kiosk shall be in
accordance to the site plan shown on the plan labeled “Test Fit”,
marked Sheet No. P1 dated October 18, 2019, as revised,
prepared by Tiseo Architects, Inc.;
4. That the Enlarged Plans & Elevations plan marked Sheet No. P2
dated October 18, 2019, as revised, prepared by Tiseo Architects,
Inc. is hereby approved and shall be adhered to
5. 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;
6. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention to passing
motorists, shall be prohibited;
7. That no LED light band or exposed neon shall be permitted on this
freestanding drive-up ATM kiosk;
8. That the Petitioner shall enter into a conditional agreement limiting
the waiver to this user only, with the provision to extend this waiver
use approval to a new user only upon approval of the new user by
the City Council;
9. That the specific plans referenced in this approving resolution shall
be submitted to the Inspection Department at the time of
application for building permits; 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 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.
A communication from the Office of the City Clerk, dated November 21,
2019, re: salaries of elected officials for calendar years 2020 and 2021, was
received and placed on file for the information of the Council.
President Toy passed the gavel to Vice President Jolly to speak on the following
matter at 8:04 p.m.
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On a motion by White, supported by Bahr, and unanimously adopted, it
was:
#415-19 RESOLVED, that having considered a communication from
the City Clerk, dated November 21, 2019, which transmits resolutions
adopted by the Local Officers Compensation Commission at its meeting
of November 19, 2019, with respect to the salaries of elected officials, the
Council does hereby determine that there shall be no increase in the
salaries for City Council President and City Council for the calendar years
2020 and 2021; however, the Council does hereby determine that there
shall be an increase in the salaries as proposed by the Local Officers
Compensation Commission for the positions of the Mayor, City Clerk, and
City Treasurer.
President Toy resumed the gavel at 8:19 p.m.
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, it was:
#416-19 RESOLVED, that having considered a communication from
the City Engineer, dated November 7, 2019, 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:
Milana Drive
(Addition)
Length: 697.45 ft.
Termini: Wayne Road to End
Legal Description:
Part of Southwest ¼ of Section 9, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan as commencing at the West ¼ corner of said
Section 9; thence S 1°01’05” E, 164.88 feet along the West line of said
Section 9 to the centerline of Milana Drive and the Point of Beginning;
thence N 89°10’45” E, 455.88 feet; thence 55.46 feet along a curve to
the right, radius 40.50 feet, chord bearing S 51°35’31” E, 51.22 feet;
thence S 12°21’46” E, 82.32 feet; thence 59.40 feet along a curve to
the right, radius 300 feet, chord bearing S 6°41’26” E, 59.30 feet;
thence S 1°01’05” E, 44.39 feet to the Point of Ending.
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Location: S.W. ¼ of Section 9
Mallory Drive
(Addition)
Length: 1,179.53 ft.
Termini: Newburgh Road to Elia Street
Legal Description:
Part of Northwest ¼ of Section 17, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan as commencing at the Northwest corner of
said Section 17; thence S 0°04’00” E, 1,134.34 feet along the West
line of said Section 17 to the centerline of Mallory Drive and the Point
of Beginning; thence S 89°24’24” E, 356.07 feet; thence 54.34 feet
along a curve to the right, radius 165.50 feet, chord bearing S
79°59’59” E, 54.10 feet; thence S 70°35’30” E, 64.61 feet; thence
54.35 feet along a curve to the left, radius 165.50 feet, chord bearing
S 79°59’59” E, 54.10 feet; thence S 89°24’24” E, 650.16 feet to the
Point of Ending.
Location: N.W. ¼ of Section 17
Elia Street
(Addition)
Length: 1,087.70 ft.
Termini: Mallory Drive to Mallory Drive
Legal Description:
Part of Northwest ¼ of Section 17, T. 1 S., R. 9 E., City of Livonia,
Wayne County, Michigan as commencing at the Northwest corner of
said Section 17; thence S 0°04’00” E, 1,134.34 feet along the West
line of said Section 17 to the centerline of Mallory Drive; thence S
89°24’24” E, 356.07 feet; thence 54.34 feet along a curve to the right,
radius 165.50 feet, chord bearing S 79°59’59” E, 54.10 feet; thence S
70°35’30” E, 64.61 feet; thence 54.35 feet along a curve to the left,
radius 165.50 feet, chord bearing S 79°59’59” E, 54.10 feet; thence S
89°24’24” E, 650.16 feet to the centerline of Elia Street and the Point
of Beginning; thence N 0°05’56” E, 229.26 feet; thence 76.85 feet
along a curve to the left, radius 55.00 feet, chord bearing N 39°55’52”
W, 70.75 feet; thence N 79°57’39” W, 103.39 feet; thence N 89°24’24”
W, 346.80 feet; thence 86.87 feet along a curve to the left, radius 55.00
feet, chord bearing S 45°20’46” W, 78.12 feet; thence S 0°05’56” W,
244.53 feet to the centerline of Mallory Drive and the Point of Ending.
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Regular Meeting Minutes of December 16, 2019
Location: N.W. ¼ of Section 17
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 street is an approved public
street and is 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, 2019.
A communication from SYB Enterprises, Inc. and Sam Hammoud, dated
December 13, 2019, re: request for Waiver Use Extension of Petition 2017-08-
02-09, was received and placed on file for the information of the Council.
On a motion by Meakin, supported by McIntyre, and unanimously
adopted, it was:
#417-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 21, 2019, approved for
submission by the Mayor, which sets forth its Resolution 11-91-2019,
adopted on November 19, 2019, with regard to a request from Basheer
Elhady on behalf of S.Y.B. Enterprises, Inc., requesting a one-year
extension of all plans which previously received approval by the City
Council on October 15, 2018, pursuant to CR 366-18, CR 367-18 and CR
368-18, in connection with a proposal to construct a gas station on the
northwest corner of Seven Mile and Inkster Roads (27430 Seven Mile
Road) in the Southeast ¼ of Section 1, the Council does hereby reject the
recommendation of the Planning Commission that the gas station’s hours
of operation be restricted as set forth in Condition No. 5 of resolution 11-
91-2019, and does hereby concur in the balance of Planning Commission
resolution 11-91-2019 and hereby grants the requested extension for a
one-year period, subject to the following conditions:
1. That the request for a one-year extension of waiver use approval
by Basheer Elhady, in a letter received by the City of Livonia on
October 15, 2019, is hereby approved;
2. That all conditions imposed by Council Resolution #366-18 in
connection with Petition 2017-08-02-09, which permitted the
construct a gas station at 27430 Seven Mile Road, shall remain in
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Regular Meeting Minutes of December 16, 2019
effect to the extent that they are not in conflict with the foregoing
condition;
3. That all conditions imposed by Council Resolutions #367-18 and
#368-18, which waived the minimum lot size requirement and the
need for at least 65% of the residential neighbors within a 400-foot
radius to approve the proposal, shall remain in effect, subject to
City Council confirmation; and
4. That the owner shall undertake the appropriate Due Care
obligations as established by the Michigan Department of
Environment, Great Lakes and Energy (EGLE), or secure final
closure if required by EGLE and/or the Michigan Department of
Licensing and Regulatory Affairs (LARA).
An email communication from Nancy Abney, dated November 25, 2019,
re: Public Hearing held on November 25, 2019 regarding regulation of wireless
communication facilities, was received and placed on file for the information of
the Council.
Bahr gave First Reading to the following Ordinance:
AN ORDINANCE ADDING SECTION 18.42A TO ARTICLE XVIII
OF ORDINANCE NO 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition
2019-08-06-02)
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.
McIntyre invoked the Emergency Clause and gave Second Reading to
the foregoing Ordinance and a roll call vote was taken thereon with the
following result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
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Regular Meeting Minutes of December 16, 2019
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Bahr gave First Reading to the following Ordinance:
AN ORDINANCE ADDING SECTION 18.42B TO ARTICLE XVIII
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED AS
“THE CITY OF LIVONIA ZONING ORDINANCE.” (Petition 2019-08-06-
02)
McIntyre invoked the Emergency Clause and gave Second Reading to the
foregoing Ordinance and a roll call vote was taken thereon with the following
result:
AYES: White, McIntyre, Meakin, Jolly, Kritzman, Bahr and Toy
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Bahr, supported by White, and unanimously adopted, it
was:
#418-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated October 23, 2019, which sets forth
its resolution 10-85-2019 adopted on October 22, 2019, with regard to
Petition 2019-08-06-02, submitted by the City Planning Commission,
pursuant to Section 23.01(b) of the Livonia Zoning Ordinance No. 543, as
amended, proposing to amend Section 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, and the Council having conducted a
public hearing with regard to this matter on Monday, November 25, 2019,
the Council does hereby refer the subject matter of this item to the
Economic Development, Strategic Planning and Technology Committee
for further discussion.
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Regular Meeting Minutes of December 16, 2019
On a motion by Meakin, supported by Bahr, and unanimously adopted, it
was:
#419-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 27, 2019,
submitted pursuant to Council Resolution No. 96-19, adopted on March
25, 2019, which bears the signature of the Director of Finance, is approved
by the Director of Public Works and approved for submission by the
Mayor, requesting an additional expenditure from budgeted funds to
provide payment for work performed in connection with the 2019 Sidewalk
Program (Contract 19-G); the Council does hereby authorize an additional
expenditure in an amount not to exceed $20,542.92 from funds budgeted
in Account No. 204-441-977-010 for work performed in connection with
the 2019 Sidewalk Program (Contract 19-G), payable to Joe Rotondo
Construction Corporation, 38807 Ann Arbor Road, Suite 2, Livonia,
Michigan 48150. the new revised contract amount not to exceed
$577,842.83; FURTHER, such action is taken in accordance with Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#420-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated November 27, 2019, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, regarding
additional expenditure for the 2019 Concrete Road Repair Program
(Contract 19-J), to close out the contract with L. Anthony Construction,
Inc., pursuant to Council Resolution 141-19, adopted on April 22, 2019,
the Council does hereby authorize an additional expenditure in an amount
not to exceed $43,313.69 from funds budgeted in Account No. 204-463-
818-114 to close out the 2019 Concrete Road Repair
Maintenance/Selective Slab Program (Contract 19-J) payable to L.
Anthony Construction Inc., 11085 Lisa Lane, Shelby Township, Michigan
48316-3790, making the final contract amount not to exceed $737,561.19.
During Audience Communication John Grzebik, thanked outgoing President Toy
for her leadership on Council over the years; thanked outgoing Councilmember
Meakin for his experience and knowledge on Council over the years; thanked
outgoing Councilmember Kritzman for his honesty and establishing the
Greenleaf Commission and other accomplishments on Council; and wished
everyone a Merry Christmas.
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Regular Meeting Minutes of December 16, 2019
On a motion by Meakin, supported by Kritzman, and unanimously
adopted, this 1,887th Regular Meeting of the Council of the City of Livonia was
adjourned at 9:21 p.m. on December 16, 2019.
_____________________
Susan M. Nash, City Clerk