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HomeMy WebLinkAboutCOUNCIL MINUTES 2016-04-18 39780 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-NINTH REGULAR MEETING OF APRIL 18, 2016 On April 18, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President McIntyre at 7:00 p.m. Councilmember Jolly led the meeting in the invocation. Roll was called with the following result: Jim Jolly, Cathy White, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and Kathleen McIntyre. Absent: Scott Bahr. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, Clerk; Judy Priebe, Director of Legislative Affairs; Denise Maier, Human Resources Director, Judge Kavanagh and Mayor Dennis Wright. On a motion by White, supported by Kritzman and unanimously adopted, it was- #156-16 RESOLVED, that the Minutes of the 1,798th Regular Meeting of the Council held April 4, 2016 are hereby approved as submitted. Councilmember Meakin wished everyone a happy tax day. President McIntyre announced that there are two X-items at the end of the Regular Agenda and that New Data was received on Item 3 and X-item 1. She then spoke about the event held to thank Lee Morrow for his outstanding service to the City entailing 31 years. She then wished Councilmember Jolly a Happy Birthday. President McIntyre extended sympathy on behalf of the entire Council to Linda McCann, Director of Community Resources, on the passing of her mother. 39781 Regular Meeting Minutes of April 18, 2016 During Audience Communication, Jim Egged, a retired firefighter, spoke on the issue of Line 5 and provided Council with a handout on the subject. He asked Council to consider proposing a nonbinding resolution to send to elected officials with concerns. Councilmember White informed Council that the City of Livonia has been involved with an organization called "Protec" for many years which addresses issues like Line 5 and that she feels they provide appropriate representation for the City on such issues. A communication from the Department of Finance, dated March 21, 2016, re: forwarding various financial statements of the City of Livonia for the month ending February 29, 2016, was received and placed on file for the information of the Council. On a motion by Kritzman, seconded by White, it was- #157-16 RESOLVED, that having considered an application from Kathleen A. Fitzgerald, 9917 Cranston, dated March 11, 2016, requesting permission to close Cranston Avenue between Elmira and Orangelawn, on Monday, May 30, 2016 from 2:00 p.m. to 8:00 p.m. for the purpose of conducting an annual Memorial Day block picnic, the Council does hereby grant permission as requested, the action taken herein being made subject to the approval of the Police Department. #158-16 RESOLVED, that having considered a letter from Douglas Bates, received by the Office of the City Clerk, on March 28, 2016, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to allow a DJ to play music at his home located at 18156 Deering, in connection with a wedding scheduled for Saturday, June 18, 2016, from 5:00 p.m. until 12:00 a.m., the Council does hereby determine to waive Section 8.32.070 (Noise Control)of the Livonia Code of Ordinances between the hours of 5:00 p.m. and 12:00 a.m. in connection with this event to be held on Saturday, June 18, 2016. An email communication from Douglas L. Moore, Superintendent of Public Service, dated April 5, 2016, re: Alliance of Rouge Communities, was received and placed on file for the information of the Council 39782 Regular Meeting Minutes of April 18, 2016 #159-16 RESOLVED, that having considered a communication from the Superintendent of Public Service and the Director of Public Works, dated February 26, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, requesting approval to participate in the Alliance of Rouge Communities (ARC) and for payment of the Annual Assessment for 2016, the Council does hereby approve participation in the Alliance of Rouge Communities (ARC) and for payment to the Alliance of Rouge Communities, c/o 46036 Michigan Avenue, Suite 126, Canton, MI 48188, in the amount of$28,502.00 for the City's Annual Arc Assessment for 2016; FURTHER, the Council does hereby authorize an expenditure in the amount of $28,502.00 from funds already budgeted in Account No. 592-559-840-030 for this purpose. #160-16 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated March 28, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 15" drum-style chippers, Morbark Model Beever M15R with Tier III Engines, utilizing the National Joint Powers Alliance (NJPA) pricing, which was awarded to Morbark, Inc., PO Box 1000, Winn, Michigan 48896 (under Contract No. 042815-MBI), at a cost of$45,018.00 each, for a total cost not to exceed $90,036.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $90,036.00 from funds already budgeted in Account No. 205-527-987-000 (Refuse Fund) for this purpose; FURTHER, the Council does hereby determine to authorize this purchase without competitive bidding inasmuch as the same is based upon the low National Joint Powers Alliance (NJPA) bid price (under Contract No. 042815-MBI), and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replacement chippers at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new chippers. #161-16 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 24, 20167 which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the purchase of two (2) 2016 Ford F250 Super Cab, 4X4 Pick-up Trucks, at a cost of $27,674.00 each, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total cost not to exceed $55,348.00; and the outfitting of said vehicles by Cannon Truck Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan 48315, at a cost of $40,460.00; and the bi-fuel conversion of said vehicles by ICOM North America, LLC, 54790 Grand River Avenue, New Hudson, Michigan 48165, at a cost of $12,625.00, for a total amount not to exceed 39783 Regular Meeting Minutes of April 18, 2016 $108,433.00, as replacement vehicles for the Water Maintenance Section of the Department of Public Works, the same to be expended from funds already budgeted for this purpose in the Capital Outlay Budget — Water and Sewer, Account No: 592-000-142-000; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based upon the low State of Michigan bid price under Contract No. 071 B1300009 forthe new vehicle purchases; and the low State of Michigan MI-Deal bid price under Contract No. 071 B2200263 for the outfitting of said vehicles and ICOM North America being the sole source provider for Bi-Fuel conversion of said vehicles for the State of Michigan and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 and DA of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replaced vehicles at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. #162-16 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 24, 20167 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 six (6) 2016 Ford F-250 Super Cab and one (1) 2016 Ford F-250 Crew Cab, 44 pick-up trucks, with plow, safety lighting, spray in bed liners, under hood air compressor and bi-fuel conversion, at a cost of$27,674.00 each for six (6) F-250 Super Cab Pick-up Trucks and $31,334.00 for one (1) F-250 Crew Cab Pick-up Truck, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, for a total cost of$197,378.00; and the outfitting of six (6) F-250 Super Cab Pick-up Trucks by Cannon Truck Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan 48315, at a cost of $82,353.00; and the outfitting of one (1) F-250 crew cab Pick-up Truck by Truck & Trailer Specialties, Inc., 1200 Victory Drive, Howell, Michigan 48843, at a cost of$9,214.00; and the bi-fuel conversion of five (5) Pick-up Trucks by ICOM North America, LLC, 54790 Grand River Avenue, New Hudson, Michigan 48165, at a cost of$31,562.50, for a total amount not to exceed $320,507.50, as replacement vehicles for the Building Maintenance, Engineering, Fleet Maintenance, Roads and Park Maintenance Sections of the Department of Public Works, the same to be expended from funds already budgeted for this purpose in the capital projects fund (401), Account No: 401-000-985-010; 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. 071 B1300009 for the new vehicle purchases; and the low State of Michigan MI-Deal bid price under Contract No. 071 B2200263 for the outfitting of six (6) vehicles and under Contract No. 071 B1300009 for the outfitting of one (1) vehicle, and ICOM North America being the sole source provider for Bi-Fuel conversion of said vehicles for the State of Michigan and no advantage to the City would 39784 Regular Meeting Minutes of April 18, 2016 result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 and D.4 of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize the disposal of the replaced vehicles at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. #163-16 RESOLVED, that having considered a communication from the City Planning Commission, dated March 16, 2016, approved for submission by the Mayor, which transmits its resolution #03-20-2016, adopted on March 15, 2016, with regard to Petition 2016-02-02-02, submitted by Wade Shows, Inc., requesting waiver use approval to conduct a carnival in the parking lot of Sears, sponsored by the Rotary Club of Livonia, consisting of amusement rides, games and food concessions from May 20, 2016 through May 30, 2016, inclusive, on property located on the northwest corner of Seven Mile Road and Middlebelt Road (29500 Seven Mile Road) in the Southeast 1/4 of Section 2, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-02-02-02 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the carnival shall be limited to the dates as specified by Wade Shows, Inc., which are May 20, 2016 through May 30, 20167 inclusive; 2. That the proposed carnival operation shall be confined to the area as illustrated on the aerial layout plan submitted as received by the Planning Commission on February 8, 2016; 3. That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile and Middlebelt Roads right-of-way lines; 4. That the temporary housing and storage of other trucks and equipment associated with the carnival shall be parked or stored within the extreme southwestern portion of the Sears parking lot, but no closer than 60 feet from the Seven Mile Road right-of-way line; 5. That the hours of operation shall be limited to the following: Monday through Friday from 4:00 p.m. to 11:00 p.m.; and on the weekends, Saturday and Sunday, from 12:00 p.m. to 11:00 p.m.; and 6. That access to fire hydrants is provided for the Fire Department. 39785 Regular Meeting Minutes of April 18, 2016 #164-16 RESOLVED, that having considered a communication from the City Planning Commission, dated March 16, 2016, approved for submission by the Mayor, which transmits its resolution #03-21-2016, adopted on March 15, 2016, with regard to Petition 2016-02-02-03, submitted by Midwest Memorial Group, requesting waiver use approval to construct an addition to an existing mausoleum at the Mt. Hope Memorial Gardens Cemetery on property located on the east side of Middlebelt Road between Six Mile Road and Pickford Avenue (17800 Middlebelt Road), in the Southwest 1/4 of Section 12, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2016-02-02-03 is hereby approved and granted, subject to the following conditions- 1. onditions:1. That the Site Layout Plan marked T-1 dated February 4, 2016 prepared by Mausoleum Constructors of America, is hereby approved and shall be adhered to; 2. That the Elevations Plan marked A-2 dated February 4, 2016 prepared by Mausoleum Constructors of America, is hereby approved and shall be adhered to; 3. That all rooftop mounted 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 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 5. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. #165-16 RESOLVED, that having considered a communication from the City Planning Commission, dated March 16, 2016, which transmits its resolution #03-23-2016, adopted on March 15, 2016, with regard to Petition 2016-02-08-01, submitted by Costco Wholesale Corporation, requesting site plan approval in connection with a proposal to construct a warehouse addition to the rear of the building, expand the loading dock area and modify the entrance of the Costco store on property located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads (20000 Haggerty Road), in the Northwest'/4 of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2016-02-08-01 is hereby approved and granted, subject to the following conditions: 39786 Regular Meeting Minutes of April 18, 2016 1. That the Preliminary Site Plan marked P11-13, dated March 7, 2016, prepared by Mulvanny G2 Architecture, is hereby approved and shall be adhered to; 2. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for the slight increase in the parking deficiency, subject to any conditions related thereto; 3. That the Preliminary Landscape Plan marked L-1, dated March 8, 2016, prepared by Smithgroup JJR., is hereby approved and shall be adhered to 4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That the Preliminary Elevations Plan marked P31-03, dated March 107 2016, prepared by Mulvanny G2 Architecture, is hereby approved and shall be adhered to; 7. 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; 8. 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; 9. 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 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. 39787 Regular Meeting Minutes of April 18, 2016 A roll call vote was taken on the foregoing resolutions with the following results: AYES: Jolly, White, Meakin, Kritzman, Brosnan and McIntyre NAYS: None. The President declared the resolutions adopted. Meakin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 25 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 2015-09-01-08) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, White, Meakin, Kritzman, Brosnan and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. A communication from the Department of Law, dated March 14, 2016, re: the impact of HB 5232 (House Bill No. 5232) on City of Livonia Ordinances, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by Kritzman, and unanimously adopted, it was: CR #166-16 RESOLVED, that having considered the report and recommendation of the Department of Law, dated March 14, 2016, approved for submission by the Mayor, regarding the impact of HB 5232 on City of Livonia Ordinances regarding historical districts as well as the makeup and conduct of business of the Livonia Historical Commission, the Council does hereby refer this matter to the Legislative Affairs Committee for its report and recommendation. 39788 Regular Meeting Minutes of April 18, 2016 A communication from the Department of Law, dated April 1, 2016, pursuant to Council Resolutions Nos. 392-15 and 96-16, re: amending the City of Livonia Retiree and Health Disability Benefits Plan to include the 16th District Court Judges and employees in the eligibility for VEBA, was received and placed on file for the information of the Council. On a motion by Meakin, supported by Kritzman, and unanimously adopted, it was: CR #167-16 RESOLVED, that having considered a communication from the Department of Law, dated April 1, 2016, approved for submission by the Mayor, to which is attached a proposed amendment to the City of Livonia Retiree and Health Disability Benefits Plan to include the 16th District Court Judges and employees in eligibility for the Voluntary Employees' Beneficiary Association, which is being submitted pursuant to Council Resolutions 392-15 and 96-16, the Council does hereby refer this item to the Civil Service Commission for their report and recommendation. On a motion by Meakin, supported by Jolly, and unanimously adopted, it was: CR #168-16 RESOLVED, that having considered a communication from the City Planning Commission, dated February 25, 2016, which transmits its resolution 02-15-2016, adopted on February 23, 2016, with regard to Petition 2016-01-06-01, submitted by the City Planning Commission, pursuant to Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 11.03 of Article XI, C-2 District Regulations of the City of Livonia Zoning Ordinance, to allow indoor, climate-controlled self-storage facilities as a waiver use, and the Council having conducted a public hearing with regard to this matter on Monday, March 28, 2016, the Council does hereby refer this matter to the Legislative Affairs Committee for its report and recommendation. 39789 Regular Meeting Minutes of April 18, 2016 On a motion by White, supported by Brosnan, and unanimously adopted, it was- #169-16 RESOLVED, that having considered a communication from the Department of Law, dated March 23, 2016, approved for submission by the Mayor, transmitting for Council approval a Grant of Easement executed by Michael Beaubien, CEO for MKO Real Estate, LLC, for a 12- foot wide public utility easement in connection with the water main line constructed at 36622 Five Mile Road in the Southwest 1/4 of Section 17, more particularly described as- 12-foot Wide Public Water Main Easement A centerline description of a water main easement located in the Southwest '/4 of Section 17, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as follows: Commencing at the South '/4 corner of said Section 17 and proceeding along the North-South '/4 line N. 00012'30" W. 60.00 feet; thence N. 89051'30" W. 43.00 feet to the West right of way line of Levan Road (43' wide, '/2 width), point also being the Southeast corner of Outlot `A' of Kingsbury Heights Subdivision, as recorded in Liber 84, Pages 35, 36 and 37, Wayne County Records; thence along said West right of way line N. 00012'30" W. 367.43 feet to the point of beginning of said easement centerline; thence N. 88048'44" W. 223.83 feet; thence N. 89°43'11" W. 43.73 feet to Point `A'; thence S. 00016'49" W. 17.61 feet; thence S. 89043'11" E. 26.11 feet to a point of ending; thence from said Point `A' N. 89043'11" W. 227.82 feet to the point of ending of said easement. The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Brosnan, supported by White, and unanimously adopted, it was: CR #170-16 RESOLVED, that having considered the report and recommendation of Councilmember, Maureen Miller Brosnan, dated April 47 2016, submitted pursuant to Council Resolution 498-05, the Council does hereby determine to designate Jim Jolly to replace Maureen Miller Brosnan as the City Council representative to serve on the City's Community Tree Committee, on a continuing basis, until further order of this Council by council resolution. 39790 Regular Meeting Minutes of April 18, 2016 On a motion by Meakin, supported by Jolly, and unanimously adopted, it was: CR #171-16 RESOLVED, that the Council does hereby suspend their rules for procedure as outlined in Council Resolution 574-82 so as to permit consideration of items that do not appear on the Agenda. An email communication from Frank Crupi, dated April 18, 2016, re. Agenda Item X-1, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by Meakin, and unanimously adopted, it was: CR #172-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated April 6, 2016, which bears the signature of the Director of Public Works and the Director of Finance, is reviewed as to form by the City Attorney, and approved for submission by the Mayor, to which is attached a proposed intergovernmental agreement between the City of Livonia and the Michigan Department of Transportation (MDOT) for the reconstruction of 1-96/1-275 from Five Mile Road Northerly to Eight Mile Road, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute this agreement in the manner and form herein submitted; FURTHER, the Council does hereby authorize an expenditure in the amount of $500,000.00 from funds budgeted for 2016 in Account No. 202-463-818- 125 (Major Street Fund - City Participation in MDOT and County Projects) for this purpose; FURTHER, the Council does hereby authorize an additional appropriation and expenditure in the amount of $209,000.00 from the Unexpended Fund Balance of the Major Street Fund — City Participation in MDOT and County Projects (202) for this purpose, and the City Engineer is authorized to approve minor adjustments in the work, as required. On a motion by Meakin, supported by Brosnan, and unanimously adopted, it was: CR #173-16 RESOLVED, that having considered a communication from the Department of Law, dated April 12, 20167 approved for submission by the Mayor, the Council does hereby authorize the Department of Law to resolve the claims brought on behalf of Shelley Holloway and Gregory Perttunen; Wayne County Circuit Court Case No.- 14-007990-CD; for the amount of$35,654.00, and the Department of Law 39791 Regular Meeting Minutes of April 18, 2016 is hereby authorized to do all things necessary or incidental to the full performance of this resolution. There was no Audience Communication at the end of the meeting. On a motion by Brosnan, supported by Kritzman, and unanimously adopted, this 1,799th Regular Meeting of the Council of the City of Livonia was adjourned at 7:25 p.m. on April 18, 2016. Susan M. Nash City Clerk