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HomeMy WebLinkAboutSTUDY - 2016-06-06 CITY OF LIVONIA – CITY COUNCIL MINUTES OF STUDY MEETING HELD JUNE 6, 2016 Meeting was called to order at 8:05 p.m. by President McIntyre. Present: Brandon Kritzman, Jim Jolly, Scott Bahr, Brian Meakin, and Kathleen McIntyre. Absent: Cathy White and Maureen Miller Brosnan. Elected and appointed officials present: Adriane Spencer, Deputy City Clerk; Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, City Engineer; and Don Knapp, City Attorney. th Councilmember Jolly wished his daughter Lexie a Happy 5 Birthday. President McIntyre invited citizens to the upcoming Ice Cream Social being hosted by th elected officials at the Senior Center on Thursday, June 9 from 6:00 – 7:30 p.m. AUDIENCE COMMUNICATION: None NEW BUSINESS: 1. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Laura M. Walker, re: for the purpose of conducting a party with a live band at 14445 Huff Court on Saturday, July 30, 2016 from 7:00 p.m. until 10:45 p.m. Laura Walker, 14445 Huff Court, presented her request to Council. She is having a birthday party for her husband and there will be a live band playing music. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 2. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Tom Progar, VegMichigan Summer Festival Coordinator, re: in order to hold a summer festival with live bands at Madonna University located at 36600 Schoolcraft Road on Sunday, August 7, 2016 from 12:30 p.m. until 6 p.m. Tom Progar, 6501 Yale, Westland, VegMichigan Summer Festival Coordinator, presented his request to Council. They will be holding a summer festival with live bands at Madonna University. The goal of this event is to promote healthier, more sustainable food choices. Although music is not the focus of this event, they hope to have a couple of bands play to help attract attendees. They are requesting that the City of Livonia waive the noise ordinance from the hours of 12:30pm until 6pm for the bands to play. The bands will not be playing loudly and will be inside a tent with walls on 3 of 4 sides. The open side of the tent will be 2 facing away from the houses near Schoolcraft and Levan in order to minimize noise levels for residence. They are hoping for 1,000 attendees throughout the day for this event. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 3. REQUEST TO WAIVE THE SIDEWALK REQUIREMENT: Robert & Susan Favor, re: to remove the existing sidewalk in front of the home at 18601 Brentwood Street. Rob Favor, 18601 Brentwood, presented his request to Council. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4. REQUEST TO WAIVE THE SIDEWALK REQUIREMENT: Brian Duggan, Member, D.S. Homes, L.L.C., re: for the newly constructed home at 30687 Munger Street. Brian Duggan, 15315 Denne, presented the request to Council. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 5. REQUEST TO WAIVE THE SIDEWALK REQUIREMENT: Michael Soave, President, Soave Homes, Inc., re: for the newly constructed home at 15231 Santa Anita. Brian Duggan, 15315 Denne, presented the request to Council. Meakin offered the approving resolution for the Consent Agenda. Bahr said the correspondence from the Engineering Division was neutral. They made no recommendation and left it to the discretion of the Council. He added that there are sporadic sidewalks in the immediate area. Bahr offered the denying resolution for the Regular Agenda. DIRECTION: 1) APPROVING REGULAR 2) DENYING 3 6. BLOCK PARTY: Ray Franges, Mark Miller and James Rumrill, re: on Saturday, August 27, 2016, from 11:00 a.m. to 10:00 p.m., on Brentwood St. between Jacquelyn and Meadowlark, with a rain date scheduled for Sunday, August 28, 2016. Ray Franges, presented the request to Council. They are seeking permission to hold a block party on Saturday, August 27, 2016, from 11:00 a.m. to 10:00 p.m., on Brentwood St. between Jacquelyn and Meadowlark, with a rain date scheduled for Sunday, August 28, 2016. Bahr offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 7. REQUEST TO BARRICADE CITY STREET: Keleigh Styles, re: on Monday, August 8, 2016 through Friday, August 12, 2016, from 9:00 a.m. to 1:00 p.m., each day, on Van Court between Raleigh and Levan, for Vacation Bible School, on Monday, August 8, 2016 through Friday, August 12, 2016, from 9:00 a.m. to 1:00 p.m., each day. Keleigh Styles, presented the request to Council. They are requesting permission to barricade Van Court between Raleigh and Levan, for Vacation Bible School. She explained that the church owns a vacant lot across the street and they cross with the children and go on the vacant lot for their activities. She said there have been a couple of close calls and it was brought up at their last meeting to explore the possibility of barricading the road during the hours which they operate their Vacation Bible School. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 8. BLOCK PARTY: Ron Bozzi, re: to be held on Saturday, July 16, 2016, from 12:00 p.m. to 11:00 p.m., with a live band, on Lathers Street between Gilman and Curtis Street, no rain date scheduled. Ron Bozzi, presented the request to Council. He is requesting permission to conduct a block party on Lathers Street between Gilman and Curtis Street on Saturday, July 16, 2016, from 12:00 p.m. to 11:00 p.m., with a live band. Jolly offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 4 9. REAPPOINTMENT OF CRAIG PASTOR TO THE ZONING BOARD OF APPEALS: Brandon M. Kritzman, Council Vice-President, re: for a three-year term which will expire on July 12, 2019. Kritzman said he was happy to recommend Craig Pastor for reappointment of the Zoning Board of Appeals. He said Mr. Pastor’s years of experience on the Board are invaluable. Craig Pastor, 20072 Parker, said he appreciated the recommendation for reappointment and Council’s consideration. Kritzman offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 10. REQUEST FOR AUTHORIZATION TO PURCHASE TWO (2) REPLACEMENT VEHICLES UTILIZING THE STATE OF MICHIGAN BID PROCESS: Department of Community Resources, re: two (2) 2017 Ford Transit 350 HD EL Dual Rear Wheel 15-Passenger Wagons for Livonia Community Transit, from budgeted funds. Linda McCann, Director of Community Resources, presented the request to Council. They are requesting that Council authorize the purchase of two (2) replacement vehicles utilizing the State of Michigan Bid Process. She said the old vehicles will be put up for auction. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11. REQUEST TO APPROVE INCREASE IN USAGE FEES: Department of Parks and Recreation, re: for various Parks and Recreation activities and Park rentals effective January 1, 2017. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation respectfully requests Council concurrence with the proposed fee increases, as approved by the Parks and Recreation Commission at their regular meeting on May 4, 2016, as shown on a spreadsheet provided to Council for its review. As recreation administrators they must continue to evaluate their fee structure on a regular basis and to suggest gradual increases to help offset our cost of operation. The last time increases were approved was 6-8 years ago. A comparison of fees from surrounding communities has been provided to Council for its review. Council consideration of this request would be appreciated. 5 Bahr asked if the proposed rates were higher, lower, or about the same as the other communities. Davis replied it was their goal to remain in the lower range with their fees. Meakin said he hasn’t really heard a reason as to why Davis is requesting an increase in the fees, other than it’s been 6 years since the last increase. Davis replied that they are trying to remain competitive with other communities. Meakin said some of the increases he doesn’t have any issue with but said there are some that he would like to discuss further. Meakin offered the resolution referring the matter to the Committee of the Whole for its report and recommendation for the Regular Agenda. Bahr offered the approving resolution for the Regular Agenda. DIRECTION: 1) REFER TO COMMITTEE OF THE REGULAR WHOLE FOR ITS REPORT & RECOMMENDATION 2) APPROVING 12. AWARD OF BID: Department of Parks and Recreation, re: for the purchase of one (1) new golf course greens mower for Whispering Willows Golf Course, from budgeted funds. Ted Davis, Superintendent, Parks and Recreation, presented the request to Council. The Department of Parks and Recreation is requesting your approval to purchase a new golf course greens mower for Whispering Willows Golf Course. Specifications were prepared by the Department, and an advertisement for bids was placed in the Sunday, April 24, 2016, issue of the Livonia Observer and on the MITN website. Three (3) companies submitted bids. They are asking Council to award the bid for the Jacobsen GP400-Demo to Jacobsen, Mr. Robert Traver, 25125 Trans -X Rd., Novi, Ml 48375 in the amount of $23,296.20. The warranty on the demo is the same as on the new, which is two (2) years and begins upon delivery to the City. Bids are good for 120 days from bid opening. Budgeted funds are available. Council consideration of this request is appreciated. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 13. AWARD OF BID: Public Service Division, re: to replace thirteen (13) overhead doors (two at City Hall and eleven at the Fleet Maintenance garage), from budgeted funds. Brian Wilson, Superintendent, Public Services, presented the request to Council. The Public Service Division has taken bids for Replacement of thirteen (13) 6 overhead doors (two at City Hall and eleven at Fleet Maintenance garage) in accordance with the requirements of the Finance Ordinance, from budgeted funds in the Capital Projects Fund Account. Specifications were prepared by the Public Service Division, and an advertisement for bid was placed in the April 10, 2016 edition of the Livonia Observer. Bid invitations were also placed on the Michigan Inter-Governmental Trade Network (MITN). Six (6) bids were received, and opened in the presence of the Bid Committee at 2:00p.m. on April 26, 2016: They have investigated the low bidder and found them capable of performing the work required under this contract. It is the recommendation of the Public Service Division that Council award a contract to the low bidder, Jan Door, 14351 W. Warren, Dearborn Heights, Ml 48126, in the amount of $39,774.49 for completing all work required in connection with the replacement of 13 overhead doors from budgeted funds; accept the price bid of the next low bidder, Suburban Door, 28003 Five Mile, Livonia, Ml 48154, for $42,500.00 in the event the low qualified bidder is unable to complete the project; and authorize the Director of Public Works to approve minor changes in the work as, or if, it becomes necessary. Kritzman offered the approving resolution for the Consent Agenda. Meakin asked Wilson if the doors for the garage were part of the renovation/reconstruction project for DPW. Wilson replied no. DIRECTION: APPROVING CONSENT 14. REQUEST APPROVAL TO ACCEPT A GRANT FROM THE DETROIT EDISON COMPANY (DTE): Engineering Division, re: to retrofit Mercury Vapor Streetlights to LED along Farmington Road from Six Mile Road to Eight Mile Road, for a total cost of $54,932.00, with the City’s contribution to be $36,678.00 from budgeted funds. Todd Zilincik, City Engineer, presented the request to Council. The City of Livonia has recently been awarded a grant from the Detroit Edison Company (DTE) to retrofit Mercury Vapor Streetlights to LED along Farmington Road from Six Mile Road to Eight Mile Road. The total cost for this project is $54,932.00. The cost breakdown is as follows: Detroit Edison Company Contribution $7,068.00 EO Rebate $11,186.00 City of Livonia Contribution $36,678.00 Total Conversion Costs $54.932.00 The City is required to pay an up-front total of $47,864.00 which includes the City of Livonia contribution of $36,678.00 as well as the Energy Optimization (EO) Rebate portion of the project costs. The EO Rebate of $11,186.00 will be reimbursed to the City once the work has been completed. 7 The estimated energy cost savings for the conversion of the 124 lights is $29,521.72 per year, with a payback of 1.24 years. The LED lights that will be installed, Autobahn Series ATB2 from American Electric Lighting are the same type that were placed along Farmington Road from Capitol to Six Mile Road in 2013. The estimated cost savings and payback period are computed using the current "experimental" lighting rates for LED lights. In 2015, DTE proposed changes to these rates in their rate case submitted to the Michigan Public Service Commission (MPSC) which would have significantly reduced the savings. The rate change was challenged by the Municipal Street Lighting Coalition. While the final rate decision by the MPSC has yet to be rendered, it appears that the new rates will be much closer to the current experimental rates than initially proposed by DTE. We are confident that the proposed savings will be close to the actual savings once the rate case is finalized. In order to take advantage of this grant and the potential energy savings of this project, they respectfully recommend that the Council authorize an additional appropriation and expenditure of $47,864.00 from the Unexpended Fund Balance of the Capital Projects Fund (401); authorize the Mayor and the City Clerk to execute the agreement with the Detroit Edison Company (DTE); authorize a Contribution-In-Aid Construction payment of $47,864.00 to the Detroit Edison Company, Community Lighting Group, 8001 Haggerty Road, Belleville, Ml 48111 to be included with the agreement; and authorize the City Engineer is approve any minor changes as needed. Kritzman offered the approving resolution for the Consent Agenda. Kritzman offered the resolution referring the subject of moving forward changing out all street lights within the City of Livonia to LED street lights, to the Infrastructure and Community Transit Committee for its report and recommendation for the Consent Agenda. Kritzman said one subject that was brought to his attention was the possibility of DTE charging a new rate for LED lights. He said this was concerning since they suggested the City switch to LED for energy efficiency and cost savings and now there’s talk that they want to create special rates for LED lights. He thinks the matter warrants further discussion. Zilincik said that the possible new higher rates were brought to his attention previously and said they have proceeded cautiously with the retrofitting of LED street lighting, so that they can see first-hand the savings realized by changing them. He said they feel more comfortable now that the rates will remain closer to what was originally quoted. He added that they have been part of the spearheading efforts along with the Michigan Street Lighting Coalition (MSLC) 8 trying to prevent new higher rates being implemented for the LED street lights. Kritzman asked if the City is a member of the MSLC and Zilincik replied yes. Bahr asked Zilincik with regard to the grant funds, whether more funds are available or if there is an annual maximum. Zilincik said DTE contacts the City with opportunities. They give us an amount they have available and they may look at a couple of different options. The City has to pay for some of the cost so they have to look at their budget and see how much funds are available. He said it’s a case by case situation. DIRECTION: 1) APPROVING CONSENT 2) REFER SUBJECT MATTER OF RETROFITTING LED PUBLIC STREET LIGHTING TO THE INFRASTRUCTURE AND COMMUNITY TRANSIT COMMITTEE FOR ITS REPORT & RECOMMENDATION Kritzman stepped down from the podium at 8:59 p.m. to avoid any perceived conflict of interest. 15. REQUEST TO DESIGNATE CONSULTANT THROUGH THE QUALIFICATION- BASED SELECTION (QBS) PROCESS, TO PROVIDE DESIGN ENGINEERING SERVICES; AND REQUEST TO AUTHORIZE APPROPRIATION AND EXPENDITURE FOR THE AMRHEIM ROAD RECONSTRUCTION PROJECT: Engineering Division, re: to reconstruct Amrhein Road, from Eckles Road to 3,500 feet east of Eckles Road, in an amount not to exceed $110,800.00, from budgeted funds. (CR 367-13) Todd Zilincik, City Engineer, presented the request to Council. Pursuant to Council Resolution No. 367-13, adopted November 6, 2013, the City Council approved Hubbell, Roth & Clark, Inc. (HRC) as one of the Qualification Based Selection (QBS) firms to perform all professional engineering services on various federal, state and locally funded projects for through fiscal year 2016. Under this procedure, they are recommending that HRC provide the design engineering services for the above mentioned project. HRC has previous survey information of the area and knowledge on the history of the property to the north of Amrhein and east of Eckles. They previously provided plans for the Marshalling Building Conversion Improvements in 1986 for GM I AC Delco along with previous projects on this property. HRC has also provided design engineering services for various road and water main projects for the City, most recently they have completed the Eight Mile Road Water Main Project in early 2015. 9 HRC is familiar with the MDOT LAP requirements and has the ability to coordinate with the utility companies to complete the project in a timely fashion for construction in 2017. The City of Livonia was approved in the amount of $1,302,761 by the Federal Aid Committee (FAC) on December 16, 2015 to reconstruct Amrhein Road (Eckles Road to 3,500 Feet East of Eckles Road). The design shall follow the Michigan Department of Transportation (MDOT) Local Agency Program (LAP) requirements. The approved funding in the amount of $1,302,761 allows for 81.85% of the construction costs to be provided by Federal Funds. The City of Livonia will be responsible for the remaining 18.85% of the construction costs, along with the design costs. The Construction Engineering costs to be determined once the project has been bid, will be reimbursable at 81.85% and will cover a consultant to oversee the testing and inspection of the project. Amrhein Road is an existing concrete road and was constructed in 1966. The existing width for the road 39 feet and transitions from a 3 lane roadway heading east to a 2 lane road that is 34 feet wide. This proposed project involves the reconstruction of 3,500 lineal feet of an 8 to 9- inch concrete roadway involving removal and replacement. However, the City of Livonia was aware the amount of funding approved and received was not going to cover the costs for the existing cross section. Thus, in order to fit the budget and maximize the ability to construct a new concrete road for industrial use in this area, a reduced cross section would be needed. We are proposing to eliminate the 3rd lane and reconstruct a new 2 lane roadway with appropriate designated left and right turn lanes at the intersection of Eckles and Amrhein. There are other challenges with this project and coordination with Ashley Capital for their proposed Livonia West Commerce Center, LLC will be ongoing with the proposed project. The estimated cost for this project is $1.26 million dollars. Under the MDOT LAP funding, the City is responsible for design costs, which are estimated at $110,800 for this project ($100,800 for design and $10,000 for soil boring and geotechnical information). In order to proceed with this project, they recommend that the Council authorize the Mayor and the City Clerk to execute an amendment to the Engineering contract with Hubbell, Roth & Clark, Inc., 555 Hulet Drive, P.O. Box 824, Bloomfield Hills, Ml 48303-0824, as the designated consultant to provide design services for the Amrhein Road Reconstruction Project from east of Eckles Road for 3,500 feet. The amount of the design services not-to-exceed $110,800; authorize an additional appropriation and expenditure from the Unexpended 10 Fund Balance of the Major Road Fund (202) in the amount not-to-exceed $110,800; and authorize the City Engineering to make minor adjustment to the work, as needed. Dan Miller, Hubbell, Roth & Clark, Inc., 555 Hulet Drive, Bloomfield Hills, was present to answer any questions Council may have. Meakin offered the approving resolution for the Regular Agenda. DIRECTION: APPROVING REGULAR Kritzman returned to the podium at 9:04 p.m. 16. AWARD OF BID: Engineering Division, re: for the 2016 Concrete Road Selective Slab Replacement Program – Contract 16-J. Todd Zilincik, City Engineer, presented the request to Council. The Department of Public Works has established a program to replace isolated sections of damaged concrete road roadway. This year the program consists of approximately 30 locations scattered throughout the City. The Engineering Division finalized the plans and specifications for this project and bids were taken on May 24, 2016. In response to the advertisement on Michigan Intergovernmental Trade Network (MITN), six (6) bids were submitted. The Engineering Division is recommending the low bidder, Rotondo Construction Corporation for the 2016 Concrete Road Selective Slab Replacement Program. Rotondo Construction Corporation is currently the City of Livonia's contractor for the 2016 Sidewalk Program. They have also been our contractor for the 2006 thru 2011, and 2013 thru 2015 Sidewalk Replacement Programs. In order to proceed with this project, they respectfully recommend that the Council award a contract in the amount of $94,768.00 to Rotondo Construction Corporation., 38807 Ann Arbor Road, Suite 2, Livonia, Ml 48150. The award should be on the basis of the bid unit prices, said amount to be adjusted based upon the quantities of work actually completed; authorize a budget transfer of $19,768.00 from (Major Road Fund Account - Lane Line Marking) (Roads, Sidewalk & Tree Fund Account - Pavement and Catch Basin Repair); authorize an expenditure from budgeted funds of $94,768.00 from (Road, Sidewalk, & Tree Fund Account - Pavement and Catch Basin Repair); and authorize the City Engineer to approve minor adjustments in the work, as required. Meakin offered the approving resolution for the Consent Agenda. DIRECTION: APPROVING CONSENT 11 17. VACATING PETITION: Planning Commission, re: Petition 2015-07-03-01, submitted by Ignacio and Jacklyn Salazar, to determine whether or not to vacate part of an existing utility easement located on the north side of Weymouth Drive between Levan Road and Newburgh Road (37190 Weymouth Drive), in the Northwest 1/4 of Section 8. Jacklyn Salazar, 37190 Weymouth, presented the request to Council. She has been working with the Planning and Engineering Departments regarding her request to vacate part of an existing utility easement located on the north side of Weymouth Drive between Levan Road and Newburgh Road (37190 Weymouth Drive), in connection with the construction of an in-ground swimming pool. The Planning Commission is recommending approval. She is seeking concurrence from the Council. Meakin offered the approving resolution for the Consent Agenda. Kritzman informed the petitioner that she can request a non-veto letter from the Mayor. She indicated she would like to request a non-veto letter. Kritzman asked the Law Department if they could take of that request on her behalf. Don Knapp, City Attorney, said he would make a note to convey her request to the Mayor’s Office to help expedite the process. DIRECTION: APPROVING CONSENT Meakin stepped down from the podium at 9:12 p.m. to avoid any perceived conflict of interest. 18. WAIVER PETITION: Planning Commission, re: Petition 2016-04-02-06, submitted by O’Malley’s Bar and Grill, to expand the existing food service operation and Class C Liquor License of the restaurant to include an outdoor dining patio located on the west side of Farmington Road between Lyndon Avenue and Five Mile Road (15231 Farmington Road), in the Northeast 1/4 of Section 21. Frank Grisa, 34175 Oakdale, Livonia, Michigan, presented his request to Council. He noted that the Planning Commission is recommending approval with 15 stipulations. He requested that 3 of the 15 stipulations be amended. Grisa requested that stipulation # 5 be amended to maximize the number of outdoors and change it from 24 to 36 seats. Also, he mentioned that they had the parking lot paved and restriped. He requested that stipulation #7 be removed. He requested that stipulation #9 be removed. He said there are other restaurants that have outdoor seating that have televisions, and outdoor speakers or outdoor sound systems. He said it’s not for loud music or noise but more for background music for atmosphere. He said that seems fair and asked for Council to consider his requests. 12 Kritzman said he thinks stipulation #9 should be removed from any approving resolution with regard to outdoor restaurant seating. He said the whole idea behind the outdoor seating is to offer a little variety and allow patrons to sit outside and have a beer while listening to the Tigers play ball. He said he doesn’t believe there are any houses nearby that would be directly affected by this request. Kritzman said with regard to Mr. Grisa’s request to remove stipulation #7, he said he doesn’t believe that Council has that authority or power. He said if the parking is deficient a waiver from the Zoning Board of Appeals is required by Ordinance. He asked the Law Department for confirmation. Knapp, City Attorney said that would be correct if there is a deficiency in parking. He said Mr. Taormina could calculate the site plan parking and determine whether or not a deficiency exists. Mark Taormina, Director of Planning and Economic Development, said that with the recent changes to the plan the parking is still deficient. He said they were already deficient to begin with and since would increase the deficiency it would require a waiver from the Zoning Board of Appeals. Kritzman offered the approving resolution with stipulation #9 be stricken and the number of seats in stipulation #5 to be changed from 24 to 36, for the Regular Agenda. DIRECTION: APPROVING - REMOVE STIPULATION #9 REGULAR AMEND STIPULATION #5 FROM 24 to 36 SEATS Meakin returned to the podium at 9:23 p.m. 19. PROPOSED AMENDMENT TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED: Department of Law, re: to bring the City Ordinances in conformance with the Michigan Vehicle Code (“MVC”) as well as the Michigan Uniform Traffic Code for Cities, Townships and Villages. Don Knapp, City Attorney, presented the request to Council. Copies have been provided for Council review and consideration of recommended amendments to Title 10 of the Livonia Code of Ordinances (Vehicles and Traffic), which are the product of a collaborative effort between the Law Department and the Livonia Police Department. The purpose is to bring our ordinances in conformance with the Michigan Vehicle Code ("MVC") as well as the Michigan Uniform Traffic Code for Cities, Townships and Villages. These changes would also authorize ordinance enforcement on public school property, clarify certain aspects of our parking regulations, and reorganize Title 10. 13 As you may know, many years ago, the City of Livonia adopted the MVC (MCL 257.1 to MCL 257.923) by reference as well as any future amendments to it. The change was intended to have our traffic laws mirror the traffic laws throughout the rest of the State of Michigan. The rationale is simple: basic traffic laws should not be different once a person crosses a border from one city to another. Unfortunately, at the time that the MVC was adopted by reference, conflicting ordinances were not repealed. Therefore, several of our ordinances are redundant, unnecessary, and, in some instances, contrary to Michigan law. For example, Michigan law provides that if a person is operating a motor vehicle with a blood alcohol level of .08 or greater, that person is legally intoxicated. Our ordinance, however, places the threshold at .10. This, of course, is in direct conflict with State law. Additionally, it is a criminal offense under our ordinance to wear headphones or earbuds while operating a motor vehicle. While it may seem foolish to do so, that activity does not even constitute a civil infraction under state law. Some of the other changes are designed to eliminate the unnecessary and often times ignored requirement that bicycles must be licensed by the Clerk's office. Neither the Police Department nor the Clerk's office believe there is such a need. We also believe that the proposed amendment will clarify the rules and regulations relating to parking vehicles on the right of ways parallel to the road surfaces. The proposed regulations leave in place, however, some items that are unique to the City of Livonia, such as the establishment of fire lanes, truck routes, load limits, tow and storage fees, and the membership of the Traffic Commission. In addition to repealing the unnecessary ordinances, the proposal would adopt the Michigan Uniform Traffic Code for Cities, Townships and Villages, which allows the Director of the State Police to promulgate traffic rules that may be enforced by the City under our Code of Ordinances ("Code"). Finally, adoption of these amendments would allow for the enforcement of traffic laws on property owned by the Livonia Public Schools, the Clarenceville School District, and Schoolcraft Community College, if the Boards of Education or Board of Trustees requests such enforcement. Currently, our Code only provides for the enforcement of very few traffic laws, including operating a motor vehicle while intoxicated, reckless driving and careless driving. For example, currently, if a student decides to drive the wrong way into the Stevenson High School parking lot, and park in the middle of the entrance blocking traffic exiting a football game, Livonia Police are precluded from enforcement. Under the proposal, the Schoolcraft College Police Department would also specifically be allowed to enforce our ordinances. These amendments will bring the City more in align with the State and clean up our Code of Ordinances. Knapp said he would be happy to answer any questions that Council may have. Jolly offered the approving resolution for First Reading for the Regular Agenda. 14 DIRECTION: APPROVING - FIRST READING REGULAR AUDIENCE COMMUNICATION: None. As there were no further questions or comments, President McIntyre adjourned the Study Session at 9:05 p.m. on Monday, June 6, 2016. DATED: June 16, 2016 SUSAN M. NASH CITY CLERK