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.
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Councilmember Jolly wished his daughter Lexie a Happy 5 Birthday.
President McIntyre invited citizens to the upcoming Ice Cream Social being hosted by
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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
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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
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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
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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.
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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)
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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.
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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)
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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.
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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
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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
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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.
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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.
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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.
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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