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HomeMy WebLinkAboutSYNOPSIS - 2014-04-21 st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING LIVONIA CITY COUNCIL – APRIL 21, 2014 Meeting was called to order at 7:00 p.m. by President Brosnan. Present: Laura Toy, Lynda Scheel, Susan Nash, Brandon Kritzman, John Pastor, Brian Meakin, and Maureen Miller Brosnan. Absent: None. Toy said the prayer in dedication and tribute to the late Fernon Feenstra. President Brosnan announced the passing of Fernon Feenstra, former Council President, who was very active in the community. He will be dearly missed. MAD #91-14 Resolution by Toy and Pastor, unanimously adopted, approving the FAT th minutes of the 1,750 Regular Meeting of the Council held April 7, 2014. Pastor expressed some of Fernon Feenstra’s wonderful attributes. He expressed his sympathy to Fernon’s family and friends. Vice-President Meakin said Fernon will most definitely be missed. Meakin said he had attended the Livonia Public Schools Music Fest Event at Churchill High School and said it was an amazing event. He also noted that he, President Brosnan and Mayor Kirksey attended the Leaders and Learners Program at Cooper Upper Elementary. They observed the students implementing their 7 Habits of Learning and were very impressed by these outstanding young citizens. Kritzman noted members of the Greenleaf Commission on Sustainability present this evening, Jim Baringhaus, 37594 S. Hampton, Larry Davis, 14482 Fairway, he mentioned the other members of the Commision are Patrick Droze, John Grzebik, and Frank Kalinski. Jim Baringhaus, Chairman, Greenleaf Commission on Sustainability, announced the launching of their new section being added to the City’s website and gave an overview on their objectives. Mayor Kirksey announced the Household Hazardous Waste Day Event will be held this Saturday, April 26, 2014, from 8:00 a.m. to 2:00 p.m. at Ford Field. Mayor Kirksey said signs will be placed along Schoolcraft Road advertising that the businesses are open during the I-96 reconstruction project. A sample of the signs was displayed for the viewers. President Brosnan announced the annual Arbor Day event will be held on May 2, 2014 at 10:00 a.m. at Buchanan Elementary. She also announced the Livonia Bar Association will be hosting the free ASK A LAWYER event, Thursday, May 1, 2014 from 5:30 p.m. – 7:30 p.m. at the Civic Center Library in honor of National Law Day. st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 2 LIVONIA CITY COUNCIL – April 21, 2014 President Brosnan announced there will be a Public Hearing held in the Auditorium of Livonia City Hall, 33000 Civic Center Drive, Livonia, MI for the following item: Wednesday, April 30, 2014, at 7:00 p.m. PETITION 2014-02-01-02 submitted by NPM Acquisitions, L.L.C., to rezone the property at 27403 and 27451 Schoolcraft Road, located on the southwest corner of Schoolcraft and Inkster Roads in the Northeast ¼ of Section 25, from OS (Office Services) and M-1 (Light Manufacturing) to C-2 (General Business). President Brosnan announced there is new data on Items #11, #14, #15a, #15b, #16, #18 and #22. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his concerns regarding his court case relating to the nonconforming fence erected on his property without a building permit and his application to the Zoning Board of Appeals. The following items were received and filed: E-mail communication from Nicholas Thornton, dated April 15, 2014 re: conditions discussed at the Study meeting of April 7, 2014. (Petition 2014-02-02-05) Communication received from Wade Shows, dated April 21, 2014, stating that the RV’s and the power generation are being located along Seven Mile Road for this year’s carnival. (Petition 2014-02-02-05) Map showing Schoolcraft College Site Locations handed out at the Study Council meeting of April 7, 2014. (Petition 2014-02-02-03) Correspondence from the Engineering Department, dated April 16, 2014, re: repair of deteriorated lane on Seven Mile Road. Correspondence from the Law Department, dated April 7, 2014, re: DTE utility poles “abandoned” in rights-of-way. (CR 676-99) E-mail correspondence from Madelyn Williams, Relations Manager for DTE, dated March 31, 2014, updated the Council on infrastructure improvements. (CR 676-99) Correspondence from the Department of Law, dated March 25, 2014, recommending Council to take no further action as the ordinances have been adopted. (Petition 2002- 02-06-01) st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 3 LIVONIA CITY COUNCIL – April 21, 2014 Correspondence from the Department of Law, dated October 8, 2010, regarding the ability of the City Council to close/terminate plans. (CR 331-08) Site Plan marked SP-1, dated January 17, 2014 and most recently revised April 10, 2014, as revised, prepared by Detroit Design Images, L.L.C. (Petition 2014--01-08-01) (CR 81-14) Landscape Plan marked L-1, dated January 17, 2014 and most recently revised April 10, 2014, as revised, prepared by Detroit Design Images, L.L.C., (Petition 2014--01-08- 01) (CR 81-14) Elevation Plan marked A-1, dated January 17, 2014 and most recently revised April 10, 2014, as revised, prepared by Detroit Design Images, L.L.C., (Petition 2014--01-08-01) (CR 81-14) E-mail communication from Kevin Maillard, Director of DPW, dated April 10, 2014 re: explanation of inspector days on a contract. (CR 415-13 & CR 368-13) Communication from the Council President, dated April 8, 2014, regarding the Award of Contract DWRF Project No. 7355-01 Phase 1 - Water Main Improvements. (CR 415-13 & CR 368-13) Communication from Bidigare Contractors, dated April 2, 2014, regarding City of Livonia 2014 DWRF Water Main Improvements. (CR 415-13 & CR 368-13) Communication from Lawrence M. Clarke, Inc., dated April 4, 2014, regarding 2014 DWRF Water Main Improvements. (CR 415-13 & CR 368-13) Communication from the Director of Finance, dated April 1, 2014, approved for submission by the Mayor, re: delinquent accounts receivable balance. (Petition 2014-01- 02-02) Communication from Finance Department, dated April 14, 2014 re: delinquent accounts receivable balance. Communication from City of Livonia Treasurer, dated April 21, 2014, re: receipt of payment for the delinquent accounts receivable for One Under Bar & Grill, located at 35780 Five Mile Road. The following resolutions were offered by Pastor and Toy: MAD #92-14 Approving the request of William Elwell, American Cancer Society, Relay FAT for Life, waiving the Noise Ordinance to allow the playing of music and announcements Police via speakers, as well as the erection and use of tents on public land (Bentley Field) during their overnight outdoor gathering to raise funds for the fight against cancer which st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 4 LIVONIA CITY COUNCIL – April 21, 2014 will take place from 9:00 a.m. on Saturday, June 21, 2014, through 10:00 a.m. on Sunday, June 22, 2014, subject to providing the City with evidence of liability insurance coverage and execution of a hold harmless agreement that is acceptable to the Law Department. MAD #93-14 Approving the request of Shawn Mykolaitis, waiving the Noise Ordinance FAT in order to hold a wedding ceremony and reception with a D.J. and music at his home Police located at 27445 Grandon Court, on June 14, 2014 from 2:00 p.m. until midnight. #94-14 Approving the request of Mark McGilvrey, Minister, Memorial Church of MAD FAT Christ, waiving the Noise Ordinance to allow a band to perform from 10:00 a.m. to 3:00 Police p.m. at their outdoor worship service to be held on Sunday, June 8, 2014 in the west parking lot of the church’s property located at 35475 Five Mile Road. #95-14 Approving the Amended and Restated Interlocal Western Wayne County MAD FAT Fire Department Mutual Aid Agreement in order to allow the City of Melvindale to join Fire the Western Wayne mutual aid group. (CR 222-10, CR 370-07 and CR 620-02) MAD #96-14 Authorizing the City Treasurer to petition the circuit court for the county of FAT Wayne to cancel the referenced 2006 through 2007 Personal Property Taxes in Assessr accordance with provisions of State Statute. #97-14 Accepting the bid of Everlast Climbing Industries d/b/a Colorado Time MAD th FAT Systems, 1551 E. 11 Street, Loveland, Colorado 80537, for completing all work P&R required in connection with the installation of a scoreboard at the Livonia Community Recreation Center lap pool in an amount not to exceed $35,000.00, 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 $35,000.00 from funds already budgeted for this purpose. #98-14 Accepting the low bids, which met specifications, from Barrett Paving, MAD FAT 5800 Cherry Hill, Ypsilanti, MI 48198; Edward C. Levy, 8800 Dix Ave., Detroit, MI Eng 48209; Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170; Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193; and Richmond Transport, 4020 Country Lane, Lenox, MI 48050; FURTHER, in the event the aforesaid low bidders are unable to furnish the materials, the Council does hereby accept the second lowest bids, which also met specifications, from Edward C. Levy, 8800 Dix Ave., Detroit, MI 48209; Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170; Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193; Richmond Transport, 4020 Country Lane, Lenox, MI 48050, as alternates for supplying the Public Service Division (Road Maintenance Section) with aggregate materials specified at the unit prices bid for the 2014 calendar year requirements; FURTHER, authorizing the expenditure of funds already budgeted for this purpose. st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 5 LIVONIA CITY COUNCIL – April 21, 2014 MAD #99-14 Rescinding Council Resolution 129-13 regarding the Ann Arbor Trail FAT Sidewalk Extension (South Side from Dowling Avenue to Rosedale Elementary School) Eng and determines to take no further action with regard to this matter. (CR 129-13) #100-14 Accepting the bid of Nagle Paving Company, 36780 Amrhein, Livonia, MAD FAT Michigan 48150, for performing all work required in connection with the 2014 Asphalt Eng Paving Replacement Program (Contract 14-A) on various asphalt streets throughout the City of Livonia, for the estimated total cost of $1,627,420.40, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received and meets all specifications; and the Council does hereby authorize an expenditure in an amount not to exceed $1,458,852.40 from funds already budgeted in the Road, Sidewalks and Tree Fund; FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $168,568.00 from the Unexpended Fund Balance of the Roads, Sidewalks and Tree Fund (204) for this purpose; and the City Engineer is hereby authorized to approve any minor adjustments in the work as required. #101-14 Approving Petition 2014-02-02-03 submitted by Verizon Wireless to MAD FAT construct a wireless communication support structure (75 foot high monopole) and Plan equipment shelter within the Schoolcraft College campus located on the east side of Eng Haggerty Road between Six Mile Road and Seven Mile Road (18900 Haggerty Road) in the Northwest 1/4 of Section 7, subject to conditions. (Petition 2014-02-02-03) #102-14 Finding that colocation is not feasible on the other wireless communication MAD tower located on the Schoolcraft College property; THEREFORE, the ½ mile separation FAT Plan requirement does not apply or restrict the construction of the proposed wireless Eng communication support tower per Zoning Ordinance Section 18.42A(d)1.b. (Petition 2014-02-02-03) MAD #103-14 Approving Petition 2014-02-02-05 submitted by Wade Shows, Inc. to FAT conduct a carnival in the parking lot of Sears, sponsored by the Rotary Club of Livonia, Insp consisting of amusement rides, games and food concessions from May 22, 2014 Plan through June 1, 2014, inclusive, on property located on the northwest corner of Seven Eng Mile Road and Middlebelt Road (29500 Seven Mile Road) in the Southeast 1/4 of Section 2, subject to conditions. (Petition 2014-02-02-05) MAD #104-14 Approving Petition 2014-02-08-02 submitted by Victor East, L.L.C. in FAT connection with a proposal to construct a one-story office-research building on property Insp located on the north side of Seven Mile Road between Newburgh Road and Victor Plan Parkway (37640 Seven Mile Road), subject to conditions. (Petition 2014-02-08-02) Eng st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 6 LIVONIA CITY COUNCIL – April 21, 2014 MAD #105-14 Referring the matter of approving the 2014-2019 Capital Improvements FAT Program to be used as a guide to funding priority capital projects to the Capital Plan Improvement, Natural Resources and Waste Management Committee for its report and recommendation. MAD #106-14 Referring the matter of the closure of the deteriorated lane along Seven FAT Mile Road west of Farmington Road which is under the jurisdiction of Wayne County, to Eng the Administration for its report and recommendation. MAD #107-14 Referring the matter of the closure of the deteriorated lane along Seven FAT Mile Road west of Farmington Road which is under the jurisdiction of Wayne County, to Eng the Infrastructure and Community Transit Committee for its report and recommendation. A roll call vote was taken on the foregoing resolutions: AYES: Toy, Scheel, Nash, Kritzman, Pastor, Meakin, and Brosnan. NAYS: None. #108-14 Resolution by Meakin and Scheel, unanimously adopted, determining to MAD FAT take no further action with regard to the matter of citizen concerns with respect to the service provided by Detroit Edison for report and recommendation. (CR 676-99) #109-14 Resolution by Toy and Nash, unanimously adopted, determining to take MAD FAT no further action with regard to the matter of Petition 2002-02-06-01 to determine whether or not to amend Article IV, Section 4.04 and Article V, Section 5.04 of Zoning Ordinance No. 543, as amended, in order to establish open space preservation zoning provisions in the R-5 and RUF zoning districts as required by House Bill No. 5029. (CR 36-03) #110-14 Resolution by Toy and Scheel, unanimously adopted, determining to take MAD FAT no further action with regard to the subject matter of the Great West Retirement CivSvc Services Annual Report and Plan Review for the period ending December 31, 2005, presented to the City of Livonia Employees Retirement System Board of Trustees Meeting on March 22, 2005. (CR 118-06) MAD #111-14 Resolution by Scheel and Nash, unanimously adopted, determining to FAT take no further action with regard to referring the status of the deferred compensation CivSvc providers. (CR 118-06) MAD #112-14 Resolution by Toy and Scheel, unanimously adopted, determining to take FAT no further action with regard to Petition 2011-08-SN-01, submitted by ASI Signage Insp Innovations, requesting approval to replace the ground signs of the medical center Plan (Mission Health Livonia) at 37595 Seven Mile Road. (CR 365-11) Eng st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 7 LIVONIA CITY COUNCIL – April 21, 2014 MAD #113-14 Resolution by Toy and Scheel, unanimously adopted, determining to take FAT no further action with regard to the subject of communication at the meetings. (CR 157- 12) MAD #114-14 Resolution by Pastor and Meakin, unanimously adopted, approving FAT Petition 2014-01-08-01, submitted by 6 Mile Properties, LLC, requesting site plan Insp approval in connection with a proposal to demolish an existing gas station and construct Plan a multi-tenant retail building on property located on the northeast corner of Farmington Eng Road and Six Mile Road (17108 Farmington Road), subject to conditions. (CR 81-14) Kritzman stepped down from the podium at 7:40 p.m. to avoid any perceived conflict of interest. MAD #115-14 Resolution by Scheel and Toy, approving the reappointment of John Hiltz FAT to the Plymouth Road Development Authority, for a three year term, which will expire on CivSvc May 16, 2018. Plan A roll call vote was taken on the foregoing resolution: AYES: Toy, Scheel, Nash, Pastor, Meakin, and Brosnan. NAYS: None. MAD #116-14 Resolution by Pastor and Meakin, accepting the bid of Bidigare FAT Contractors, Inc., P.O. Box 700464, Plymouth, Michigan 47170, for performing all work Eng required in connection with the water main improvements which are a part of DWRF Project No. 7355-01; Phase I, for the estimated total cost of $3,062,101.99, based on the Engineering Division's estimate of units of work involved and subject to the final payment based on the actual units of work completed in accordance with the unit prices accepted herein, the same having been in fact the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $3,062,101.99 from the Unexpended Fund Balance of the Water & Sewer Fund for this purpose, said amount to be reimbursed by the proceeds of the Drinking Water Revolving Fund Revenue Bonds; and the City Engineer is hereby authorized to approve any minor adjustments in the work as required. (CR 415-13 & CR 368-13) A roll call vote was taken on the foregoing resolution: AYES: Scheel, Nash, Pastor, and Meakin. NAYS: Toy and Brosnan. #117-14 Resolution by Pastor and Meakin, tentatively awarding a construction MAD FAT contract for water system improvements to Bidigare Contractors, Inc. in the amount of Eng $3,062,101.99 to be funded through the state of Michigan Drinking Water Revolving Loan Fund (DWRF) program, contingent upon successful financial arrangements with the DWRF. (CR 415-13 & CR 368-13) st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 8 LIVONIA CITY COUNCIL – April 21, 2014 A roll call vote was taken on the foregoing resolution: AYES: Scheel, Nash, Pastor, and Meakin. NAYS: Toy and Brosnan. Kritzman returned to the podium at 7:46 p.m. MAD #118-14 Resolution by Meakin and Scheel, unanimously adopted, approving FAT Petition 2011-08-02-12 submitted by Carlin Edwards Brown P.L.L.C., on behalf of Insp American Multi-Cinema, Inc., to extend the operating hours of the Class C licensed bar Plan area (from 12:00 p.m. through 2:00 a.m. on a daily basis) of the AMC Theatres Livonia Police 20 within the Paragon Entertainment Campus, located on the east side of Haggerty Fire Road between Seven Mile Road and Eight Mile Road (19500 Haggerty Road), subject to conditions. MAD #119-14 Resolution by Meakin and Pastor, denying Petition 2014-01-02-02 FAT submitted by Woodward Detroit CVS, L.L.C. to utilize an SDD liquor license (sale of Insp packaged spirits over 21% alcohol) in connection with the CVS Pharmacy in the Four Plan Oaks Shopping Center, located on the northwest corner of Newburgh Road and Joy Police Road (8811 Newburgh Road). Fire A roll call vote was taken on the foregoing resolution: AYES: Kritzman, Pastor, Meakin, and Brosnan. NAYS: Toy, Scheel, and Nash. Pastor stepped down from the podium at 8:00 p.m. to avoid any perceived conflict of interest. MAD #120-14 Resolution by Toy and Kritzman, approving Petition 2014-02-02-04 FAT submitted by Dave Kauscher to operate a full service restaurant (Hot Head Burritos) Insp within the Livonia Plaza Shopping Center, located on the south side of Five Mile Road Plan between Merriman Road and Henry Ruff Road (30975 Five Mile Road), subject to Eng conditions. A roll call vote was taken on the foregoing resolution: AYES: Toy, Scheel, Nash, Kritzman, Meakin, and Brosnan. NAYS: None. Pastor returned to the podium at 8:02 p.m. Vice-President Meakin stepped down from the podium at 8:03 p.m. to avoid any perceived conflict of interest. st SYNOPSIS OF THE MINUTES OF THE 1,751 REGULAR MEETING 9 LIVONIA CITY COUNCIL – April 21, 2014 MAD #121-14 Resolution by Toy and Scheel, approving the request from Brian Tominna, FAT One Under Bar & Grill, waiving the Noise Ordinance, to allow their Third Annual Cinco Police De Mayo Festival on Saturday, May 3, 2014 from 6:00 p.m. until midnight at 35780 Five Mile Road, subject to conditions. A roll call vote was taken on the foregoing resolution: AYES: Toy, Scheel, Nash, Kritzman, Pastor, and Brosnan. NAYS: None. Vice-President Meakin returned to the podium at 8:04 p.m. MAD #122-14 Resolution by Pastor and Meakin, unanimously adopted, authorizing the FAT Department of Law to resolve the claim brought on behalf of Jodi Kozma and her legal guardians, Wendy and John Kozma, in the amount of $35,000.00, and the Department of Law is hereby authorized to do all things necessary or incidental to the full performance of this resolution. AUDIENCE COMMUNICATION: Christopher Martin, 12275 Inkster, expressed his concerns regarding his court case relating to the nonconforming fence erected on his property without a building permit and his application to the Zoning Board of Appeals. Eileen McDonnell, 36099 Brookview, expressed her concerns regarding Bright House requiring customers to upgrade to a digital receiver in order to view local channels. President Brosnan said this item warrants further discussion and can be put on the next Study Meeting Agenda. Peter Behrmann, Attorney, announced the Livonia Bar Association will be hosting the free ASK A LAWYER event, Thursday, May 1, 2014 from 5:30 p.m. – 7:30 p.m. at the Civic Center Library in honor of National Law Day. st By Pastor and Meakin, unanimously adopted, adjourning this 1,751 Regular Meeting of the Council of the City of Livonia at 8:13 p.m. on April 21, 2014. TERRY A. MARECKI CITY CLERK *The foregoing is a summary of the Council’s proceedings in synopsis form as authorized by CR 1158-68. The full text of the official minutes of this meeting is on file in the Office of the City Clerk and is available to the public upon request.