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HomeMy WebLinkAboutCOUNCIL MINUTES 2015-08-05 39471 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND EIGHTY-SECOND REGULAR MEETING OF AUGUST 5, 2015 On August 5, 2015 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Brosnan at 7 00 p m Councilmember Nash led the meeting in the Pledge Roll was called with the following result: Susan Nash, Brandon Katzman, John Pastor, Brian Meakin, Laura Toy, Lynda Scheel and Maureen Miller Brosnan Absent: None Elected and appointed officials present: Mark Taormina, Planning Department; Todd Zilincik, City Engineer; Don Knapp, City Attorney, Susan A. Hoff, City Clerk, Judy Priebe, Director of Legislative Affairs, and Mayor Jack Kirksey On a motion by Toy, supported by Scheel, and unanimously adopted, it was #236-15 RESOLVED, that the Minutes of the 1,781st Regular Meeting of the Council held July 20, 2015 are hereby approved as submitted President Brosnan announced there will be new data on Items 8 and 9 Pastor thanked all the voters who came out to the primary and congratulated fellow Councilmembers Meakin, Nash and Scheel, as well as Dennis Wright and the eight council candidates who made it through the primary Nash sent congratulations out to the Livonia Junior Athletic League's U14 Pony Team who were one game short of winning the championship World Series Katzman wished Happy 13th birthday to daughter Jacqueline President Brosnan announced there will be two (2) Public Hearings being held on Wednesday, September 2, 2015 at 7 00 p m in the Auditorium of the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan 39472 Regular Meeting Minutes of August 5, 2015 PETITION 2015-06-01-05 submitted by Grenn & Grenn, P C , on behalf of C & L Development Corporation, to rezone the property located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue (28911 - 29010 Seven Mile) (Sunset Office Building) in the Northwest 1/4 of Section 12, from OS (Office Services) to C-1 (Local Business) PETITION 2015-06-01-06 submitted by Charter Real Estate, on behalf of Livonia Storage Units, to rezone the property located on the south side of Eight Mile Road between Grand River Avenue and Angling Road (28153 Eight Mile) in the Northwest 1/4 of Section 1, from C-2 (General Business) to ML (Manufacturing Limited) There was no Audience Communication at the beginning of the meeting On a motion by Toy, supported by Scheel, and unanimously adopted, it was #237-15 RESOLVED, that having considered an application from Caren Shatter, dated June 19, 2015, requesting permission to close Sussex Street between Fitzgerald and Sherwood, on Saturday, September 12, 2015, from 1 00 p m to 10 00 p m , for the purpose of conducting a block party, the Council does hereby grant permission as requested, including therein permission to conduct the said affair on Sunday, September 13, 2015, in the event of inclement weather, the action taken herein being made subject to the approval of the Police Department. #238-15 RESOLVED, that having considered the report and recommendation of the Director of Community Resources and the Director of Inspection, dated June 22, 2015, which bears the signature of the Director of Finance, is approved as to form by the City Attorney and approved for submission by the Mayor, submitted pursuant to Council Resolution 07-15, in connection with retaining J Michael Kirk of Neumann Smith for architectural services in the move of the Perrinville one-room schoolhouse to Greenmead, the Council does hereby accept the proposal of J Michael Kirk, Neumann Smith, Galleria Officentre, Suite 555, Southfield, MI 48034 to provide architectural services facilitating the move of the Perrinville one-room schoolhouse to Greenmead and the restoration of said schoolhouse for an amount not to exceed $37,300 00, plus any reimbursable costs, FURTHER, the Council does hereby authorize an expenditure in the amount of $37,300 00 from funds already budgeted in the Historical Commission's Trust Fund -Account No 723-015-704 for this purpose, FURTHER, the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with J Michael Kirk, Neumann Smith, subject to the approval as to form and substance by the City Attorney, and to do all things necessary or incidental to the full performance of this resolution, FURTHER, the Council does hereby authorize such action without competitive bidding in accordance with Section 3 04 140D2a of the Livonia Code of Ordinances, as amended, because Mr Kirk has a unique array of experience with historic 39473 Regular Meeting Minutes of August 5, 2015 buildings in general and Greenmead in particular, including moving historic buildings (CR#07-15) #239-15 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated July 14, 2015, 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 Ductz of S E Michigan, Dean Boomer, 36955 Amrhein Rd , Livonia, MI 48150, for duct cleaning at the Livonia Community Recreation Center, in the total amount of$44,900 00, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $44,900 00 from funds already budgeted in Account No 208-755-971-000 for this purpose, and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution #240-15 RESOLVED, that having considered the report and recommendation of the Director of Inspection, dated July 13, 2015, 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 three (3) 2015 Ford Escape SUV'S as replacement vehicles for the Inspection Department for a net price of$51,197 00, based on a total price of $71,397 00, less trade-in of three (3) vehicles in the amount of $20,200 00, from Gorno Ford, 22025 Allen Road, Woodhaven, MI 48138, FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $50,000 00 from funds already budgeted in Account No 205- 525-985-000 and $1,197 00 from Account No 205-525-971-000 for this purpose, as well as the trade-in of the three (3) existing vehicles for a credit of $20,200 00, FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price under Contract No 071B1300009, Spec No 3905-0018B, 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 Director of Inspection is hereby authorized to approve minor adjustments as it becomes necessary #241-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 2015, which transmits its resolution #06-36-2015, adopted on June 30, 2015, with regard to a Sign Permit Application, Petition 2015-05-SN-02, submitted by Harmon Signs, on behalf of Key Plastics, requesting approval to erect a wall sign for the four-story office building (Victor Park West), located on the west side of Victor Parkway between Seven Mile Road and Pembroke Avenue (19575 Victor Parkway) in the Southeast 1/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and approves the said sign permit application, subject to the following conditions 39474 Regular Meeting Minutes of August 5, 2015 1 That the wall sign shall be installed in accordance with the Sign Plan submitted by Harmon Sign, as received by the Planning Commission on May 29, 2015, and 2 That any additional signage shall come back before the Planning Commission and City Council for their review and approval #242-15 RESOLVED, that having considered a communication from the City Planning Commission, dated July 6, 2015, which transmits its resolution #06-35-2015, adopted on June 30, 2015, with regard to Petition 2015-05-08-06, submitted by L+A Architects, Inc , on behalf of McDonald's Corporation, requesting site plan approval to remodel the exterior of the existing restaurant located on the west side of Ann Arbor Road between Hix Road and Ann Arbor Trail (38015 Ann Arbor Road) in the Northeast 1/4 of Section 31, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2015-05-08-06 is hereby approved and granted, subject to the following conditions 1 That the Site Plan marked Cl dated May 21, 2015, as revised, prepared by L+A Architects, Inc , is hereby approved and shall be adhered to, 2 That the Exterior Building Elevation Plans marked A2 0 and A2 1 dated May 21, 2015, as revised, prepared by L+A Architects, Inc , are hereby approved and shall be adhered to, 3 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, 4 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, 5 That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 6 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 7 Pursuant to Section 1910 of Ordinance No 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period 39475 Regular Meeting Minutes of August 5, 2015 #243-15 RESOLVED, that having considered a communication from the City Engineer, dated July 10, 2015, approved by the Director of Public Works, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, to which is attached a letter from OHM Advisors, dated July 10, 2015, the Council does hereby accept the bid of United Resource, L LC , 32940 Capitol Street, Livonia, MI 48150, for the televising of approximately 410,000 lineal feet of sanitary sewer video inspection ranging from 8-inch to 54 inch diameter sewer pipe located throughout the City(Contract 15-L) in connection with the Saw Grant Project NO 1441-01, fora total amount not to exceed $976,107 66, which includes the bid price of $887,370 60 for work related to Divisions 1 and 2, plus a 10% contingency in the amount of $88,737 06, with $732,080 75 (75% of the cost) to be reimbursed by the MDEQ Saw Grant for this project, the same having been in fact the lowest bid received and meets all specifications, FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $976,107 66 from funds already budgeted in the Unexpended Fund Balance of the Water and Sewer Fund for this purpose, FURTHER, the foregoing amounts are based upon the Engineering Division's estimate of units involved, and are subject to final payments based upon the actual units completed in accordance with the unit prices accepted herein and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution A roll call vote was taken on the foregoing resolutions with the following result: AYES Nash, Kritzman, Pastor, Meakin, Toy, Scheel and Brosnan NAYS None A communication from the Superintendent of Public Service and the Director of Public Works, dated July 27, 2015, re the solid waste/recycling contract, was received and placed on file for the information of the Council A communication from Dennis G Cowan, Plunkett Cooney, dated July 10, 2015, re proposals for City of Livonia's (5) Five Year Solid Waste Program was received and placed on file for the information of the Council irm 39476 Regular Meeting Minutes of August 5, 2015 A communication from Lucy Lussenden, 16413 Alpine Drive, dated July 18, 2015, re solid waste/recycling contract, was received and filed for the information of the Council A communication from Alan Novack, 16326 Parklane, dated July 19, 2015, re solid waste/recycling contract, was received and placed on file for the information of the Council A communication from Joe Schepis, 557 Fairlane, dated July 20, 2015, re solid waste/recycling contract, was received and placed on file for the information of the Council A communication from Marion Kyte, dated July 27, 2015, re solid waste/recycling contract, was received and placed on file for the information of the Council A communication from Ric Cummings, dated July 27, 2015, re solid waste/recycling contract, was received and placed on file for the information of the Council A communication from Chuck Rizzo, Rizzo Environmental Services, dated July 31, 2015, was received and placed on file for the information of the Council A communication from Brian Conaway, Waste Management, dated August 3, 2015, was received and placed on file for the information of the Council A communication from Rizzo Environmental, dated August 3, 2015, re clarifying letter, was received and placed on file for the information of the Council A communication from the Department of Public Works, dated August 4, 2015, was received and placed on file for the information of the Council Vice-President Meakin, as chair of the Capital Improvement, Natural Resources and Waste Management Committee, reported on the meeting of July 39477 Regular Meeting Minutes of August 5, 2015 14, 2015 and indicated that Council had invested many hours in looking over the various proposals and that they would like to keep the matter in Committee to further study it. On a motion by Meakin, supported by Pastor, it was #244-15 RESOLVED, that having considered the report and recommendation of the Capital Improvement, Natural Resources and Waste Management Committee, dated July 14, 2015, submitted pursuant to Council Resolution 57-15, and a communication from the Superintendent of Public Service and the Director of Public Works, dated June 11, 2015, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, with regard to solid waste/recycling services for the period December 1, 2015 through November 30, 2020, the Council does hereby determine that this item shall remain in Committee Pastor asked for clarification from Knapp regarding the proposals Kritzman stated that the larger bin being discussed was for recycling He also informed the public that additional communications had been received and therefore required more time to study the information before making a decision on this matter He indicated that the language should perhaps be changed on the proposals to clarify the issues brought up Toy stated the residents were of utmost concern when deciding this issue along with looking at cost saving measures for the City She also said she'd like to see a deadline for receiving new data in order for Council to have time to digest it. Meakin clarified that after their Committee meeting on August 13th that this issue will be voted on at the August 17th Regular Council Meeting Paula Noechel, 15523 Sussex, detailed the value she placed on Waste Management's service to the community Brian Conaway, Waste Management, expressed his concerns to Council for allowing the other companies that put in proposals to change the numbers that they originally submitted Mayor Kirksey stated that Brian Wilson and Don Rohraff would be good resources to sort through the information with Council (At 7 34 p m President Brosnan passed the gavel) President Brosnan stated she does not feel that new pricing should be allowed in the clarification provided by the five companies aim Kritzman stated he agreed with President Brosnan but would like to hear what the other Council members say 39478 Regular Meeting Minutes of August 5, 2015 Toy stated she is not prepared to vote on this because of the influx of new data and changes that have taken place in the proposals Kritzman clarified his response and stated he would like it to stay in Committee for discussion Meakin also stated he was not intending to create a whole new bid but to clarify the information presented Nash indicated she would like to have an understanding on what clarification Council is asking for on the proposals for her own benefit and that of the companies involved Kritzman stated what he felt should be allowed in the clarification of the documents Toy stated that there are questions on the numbers submitted as well and that that is what needs clarification President Brosnan asked Meakin if new pricing would be allowed in the clarification and Meakin said it is up to the Committee to decide that and Brosnan reiterated that she would be voting no Further discussion was held on the issue Bruce Brotherton, Waste Management, urged the Council to adhere to the process that should be followed in accepting proposals Mayor Kirksey came to the podium and expressed concern over allowing changes from what was originally submitted on the proposals Chuck Rizzo, Rizzo Environmental, stated he felt additional information on the submitted proposals would provide clarity to Council and would like the opportunity to do so Meakin restated the resolution by indicating it is for clarification on the numbers submitted A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Kritzman, Pastor, Toy, and Meakin NAYS Brosnan, Scheel The vice-president declared the resolution adopted 39479 Regular Meeting Minutes of August 5, 2015 (The gavel was returned to President Brosnan at 7 51 p m ) A communication from the Department of Law, dated July 16, 2015, re proposed amendment to Zoning Ordinance, Petition 2015-05-01-04, was received and placed on file for the information of the Council Pastor gave first reading to the following Ordinance AN ORDINANCE AMENDING SECTION 9 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 SECTION 3 THERETO (PETITION 2015-05-01-04) 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 a later meeting after the site plan is submitted On a motion by Pastor, supported by Scheel, it was #245-15 RESOLVED, that having considered a communication from the City Planning Commission, dated June 16, 2015, approved for submission by the Mayor, which transmits its resolution #06-29-2015, adopted on June 9, 2015, with regard to Petition 2015-05-SN-01, submitted by Target Corporation, requesting approval for additional signage for the Target store located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road (20100 Haggerty Road) in the Northwest 1/4 of Section 6, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2015-05-SN-01 is hereby approved and granted, subject to the following conditions 1 That the Sign Plan submitted by Target Corporation, as received by the Planning Commission on May 21, 2015 is hereby approved and shall be adhered to, minus Sign 5, the proposed "bullseye," which shall be removed from the plans, 2 That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for excessive sign area and any conditions related thereto, 3 That no LED lightband or exposed neon shall be permitted on the building or around the windows, and, 39480 Regular Meeting Minutes of August 5, 2015 4 That the signage shall not be illuminated beyond one (1) hour after this business center closes A roll call vote was taken on the foregoing resolution with the following result: AYES Nash, Katzman, Pastor, Toy, Scheel, and Brosnan NAYS Meakin The President declared the resolution adopted Bing Buskk, representative from Target, was present at the meeting On a motion by Meakin, seconded by Pastor, and unanimously adopted, it was #246-14 WHEREAS, on September 9, 2014, a Memorandum of Understanding Regarding the Formation of the Great Lakes Water Authority was adopted by the City of Detroit, the State of Michigan and the counties of Wayne, Oakland and Macomb, and WHEREAS, the Memorandum of Understanding required, among other things, that the City of Detroit and the counties of Wayne, Oakland and Macomb adopt Articles of Incorporation no later than October 10, 2014, and that the City of Detroit and the Great Lakes Water Authority execute a lease agreement regarding the operation and management of the Detroit water supply and sewage disposal systems, and WHEREAS, on October 10, 2014, the City of Detroit and the counties of Wayne, Oakland and Macomb adopted the Articles of Incorporation of Great Lakes Water Authority; and WHEREAS, on June 12, 2015, the City of Detroit and the Great Lakes Water Authority executed two 40-year lease agreements regarding (1) the operation and management of the Detroit water supply system ("Water Lease") and (2) the operation and management of the Detroit sewage disposal system, and WHEREAS, Pursuant to Sections 4 1(a)(i), 4 1(d) and 4 4 of the Water Lease, the City of Detroit assigned and the Great Lakes Water Authority assumed all of Detroit's rights, duties, liabilities, responsibilities and obligations under the wholesale customer water contracts without any impairment to said contracts, and 39481 Regular Meeting Minutes of August 5, 2015 WHEREAS, Article III of the Water Lease provides that the effective date of the Water Lease is dependent upon the satisfaction of certain conditions precedent, including obtaining the consent of the wholesale water customers to the assignment of their 30-year water service contracts to the Great Lakes Water Authority pursuant to Section 3 2(j) of the Water Lease, and WHEREAS, pursuant to the Water Lease, and as provided in Article 13 of the Water Service Contract, the City of Detroit has presented an Agreement to Assign Wholesale Customer Water Service Contract between the City of Detroit Water and Sewerage Department, the Great Lakes Water Authority and this community for the assignment of the Water Service Contract with the City of Detroit Water and Sewerage Department to the Great Lakes Water Authority with a request for approval, and WHEREAS, this Honorable Body finds it is in the best interests of this community to consent to the assignment of the Water Service Contract to the Great Lakes Water Authority; NOW THEREFORE BE IT RESOLVED, that the attached Agreement to Assign Wholesale Customer Water Service Contract between the City of Detroit Water and Sewerage Department, the Great Lakes Water Authority, and the City of Livonia is approved, and BE IT FURTHER RESOLVED, that a certified copy of this Resolution and the executed Agreement to Assign Wholesale Customer Water Service Contract be returned to the City of Detroit Water and Sewerage Department within seven (7) days of the date of this Resolution During Audience Communication Phillip Nicholas, 32148 Lyndon, voiced a noise complaint coming from St. Maunce's Church over the weekend On a motion by Toy, supported by Meakin, and unanimously adopted, this 1,782nd Regular Meeting of the Council of the City of Livonia was adjourned at 8 02 p m on August 5, 2015 ja:44...44 Susan A. Hoff, City Cle