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HomeMy WebLinkAboutMINUTES 2017-08-09 REVISED 8-22-17 40277 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTIETH REGULAR MEETING OF AUGUST 9, 2017 On August 9, 2017 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Brian Meakin led the meeting in the Invocation. Roll was called with the following result: Brian Meakin, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr and President Kathleen McIntyre. Absent: Brandon Kritzman. Elected and appointed officials present: Scott Miller, Planner IV; Todd Zilincik, City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of Legislative Affairs; Curtis Caid, Chief of Police; and Mayor Dennis Wright. On a motion by Bahr, supported by Brosnan, and unanimously adopted, it was: #272-17 RESOLVED, that the minutes of the 1,829th Regular Meeting of Council held July 24, 2017 are approved as submitted. Councilmember Meakin announced the retirees from June and July, those being th Linda Alverson, Public Worker I at the DPW, who retired on June 10 with thirty years of service; Alan Harmon, Battalion Chief with the Fire Department who th retired on July 7 with twenty-eight years of service; and Ralph Mohr, Public th Service Worker I at the DPW who retired on July 29 with thirty years of service. He congratulated them all and wished them well on their retirement. st He then wished his daughter Kellianne a Happy 21 birthday coming up on August 24th. Councilmember Bahr thanked everyone involved in the Livonia Stands With Detroit event that brought approximately 150 volunteers together to help clear blight in a Detroit neighborhood. 40278 Minutes of the August 9, 2017 Regular Meeting of Council Jim Lagowski and Abby Dart from Scenic Michigan presented Mike Fisher and the City of Livonia with its “Scenic Hero Award” for their work on the encouragement of promoting good signage throughout the City and their diligence in preventing billboards to overtake the expressways that run through Livonia. Councilmember Meakin spoke about the Zoning Board of Appeals role in keeping signage under control in the City as well as his history of working with Mr. Fisher twenty years ago on the Zoning Board. st Councilmember White wished Mike Fisher and his wife Debbie a Happy 31 Anniversary. President McIntyre also acknowledged Mike Fisher and the Law Department for their exemplary work for the City. President McIntyre announced that there is new data on Item #2. She then commended Michelle and Alan Clemens of the Ian Clemens Foundation on their successful event to honor the legacy of their son. During Audience Communication Albert Hopper, 34631 Middlebelt, addressed Council on the issue of trucks using the third lane on the I-96 expressway. President McIntyre read a statement about the recent issue with a utility worker and the shooting of the Eiben’s family dog Katie. During Audience Communication the following people spoke on the issue: Laura Eiben, 440 Rose, Pinckney, Michigan Sandra Abrahamian, 19411 Hardy, Livonia, Michigan City Attorney Don Knapp detailed the process involved in making determinations regarding prosecution and the investigation concerning this issue. Chief of Police Curtis Caid came to the podium and invited the residents that were present in the audience to comment on this issue into the lobby to discuss it further. Michael Eiben, 19945 Angling, addressed Council with his concerns over the shooting of his dog. Ellen Cusin, 31098 Bobrich, also spoke on the issue. 40279 Minutes of the August 9, 2017 Regular Meeting of Council On a motion by Jolly, supported by White, it was: #273-17 RESOLVED, that having considered a communication from the City Engineer, dated July 13, 2017, approved for submission by the Mayor, to which is attached a letter from Heather Shymanski, dated July 11, 2017, requesting a waiver of the sidewalk requirement in front of the newly constructed home located at 18551 Laurel Drive, in the N.W. ¼ of Section 9, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to lack of other public sidewalks existing within the neighboring area; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. An email communication from David Scott, Supervisor, Charter Township of Commerce, received by the Mayor’s Office on August 3, 2017, re: request to permit the operation of a medical marihuana business by Jeffrey M. Van Loon, P.L.L.C., was received and placed on file for the information of the Council. An email communication from Kyle Lis, dated July 26, 2017, re: request to permit the operation of a medical marihuana business by Jeffrey M. Van Loon, P.L.L.C., was received and placed on file for the information of the Council. #274-17 RESOLVED, that having considered a communication from Jeffrey M. Van Loon, P.L.L.C., dated July 7, 2017, wherein a request is submitted to permit the operation of a medical marihuana business in the City of Livonia, the Council does hereby determine to take no further action with respect to this item. A communication from the Office of the City Clerk, dated July 13, 2017, to which is attached a communication from Tamara Dust, Finance Manager of the Wayne County Regional Education Service Agency, dated June 14, 2017, re: Tax Rate Request for the Wayne County Regional Educational Service Agency (RESA) for the 2017 School Year, was received and placed on file for the information of the Council. 40280 Minutes of the August 9, 2017 Regular Meeting of Council A communication from the Office of the City Clerk, dated July 13, 2017, to which is attached a communication from N.A. Khouri, State Treasurer, State of Michigan Department of Treasury, dated April 1, 2017, re: Tax Rate Request for the State of Michigan, State Education Tax for the Year 2017, was received and placed on file for the information of the Council. #275-17 RESOLVED, that having considered a communication from the Director of Community Resources, dated July 12, 2017, which is approved as to form by the City Attorney and is approved for submission by the Mayor, and to which is attached a proposed Addendum to the Specialized Services Vehicle Agreement between the Suburban Mobility Authority for Regional Transportation (SMART) and the City of Livonia for the Michigan Department of Transportation 5310 Vehicle Grant through SMART for the Livonia Community Transit Program, the Council does for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the said agreement upon approval #276-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated July 12, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby authorize the Mayor and City Clerk to execute a one year contract, for and on behalf of the City of Livonia, with EJ USA, Inc., 13001 Northend Avenue, Oak Park, Michigan 48237, for stormwater, water main and sanitary manhole related items in an amount not to exceed $75,000.00 annually; FURTHER; the Council does hereby authorize an expenditure in an amount not to exceed $75,000.00 from funds already budgeted in Account Nos. 592-559-787- 060 (Water Valves & Gate Wells), 592-559-787-050 (Water Main Supply), 592-559-787-070 (Hydrant Supply), and 592-559-796-000 (Sanitary Supply) for this purpose; FURTHER, the Council does hereby authorize such action without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3.04.140D.3 of the Livonia Code of Ordinances, as amended; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary. #277-17 RESOLVED, that having considered a communication from the Director of Public Services, dated July 12, 2017, which bears the signature of the Chief Accountant and is approved for submission by the Mayor, the Council does hereby authorize an increase in the amount of ND the contract with Etna Supply Co., 529 32 Street SE, Grand Rapids, MI 49548 for supplying the Public Service Division with water meters and supplies, from the $325,000.00 approved pursuant to Council Resolution #90-16, adopted on March 9, 2016, to an amount not to exceed 40281 Minutes of the August 9, 2017 Regular Meeting of Council $1,500,000.00 annually; FURTHER, the Council does hereby authorize an additional appropriation and expenditure from the Water and Sewer Fund Unexpended Fund Balance in the amount of $845,500.00 for this purpose; FURTHER, the Council does hereby determine to authorize the purchase of said items without competitive bidding inasmuch as Etna Supply Company is the sole supplier of Sensus Meters 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 of the Livonia Code of Ordinances, as amended. #278-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 12, 2017, 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 an Intergovernmental Agreement between the County of Wayne and the City of Livonia for the resurfacing of Farmington Road from Seven Mile Road to Base Line Road, the Council does hereby approve the proposed Intergovernmental Agreement between the County of Wayne and the City of Livonia; and the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute the Intergovernmental Agreement in the manner and form herein submitted, subject to approval as to form and substance by the Department of Law; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $119,645.00 from funds already budgeted 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 a Working Capital Advance to the County of Wayne in the amount of $59,822.00 as fifty percent (50%) of the City of Livonia’s participation of the total project cost; and the City Engineer is hereby authorized to approve any minor adjustments in the work as it becomes necessary. #279-17 RESOLVED, that having considered a communication from the Department of Law, dated July 7, 2017, which bears the signature of the City Assessor and the City Engineer, and is approved for submission by the Mayor, and a communication from Joseph Bennett, Vice President-Engineering, International Transmission Company d/b/a ITC Transmission (“ITC”), 27175 Energy Way, Novi, Michigan 48377, dated June 26, 2017, to the homeowners at 36600 Ann Arbor Trail, 36622 Angeline Circle, 36664 Angeline Circle, 36585 Pinetree, and 36586 Pinetree, with regard to expanding its vegetation management easement, the Council does hereby grant and approve this request in the manner and form herein submitted; further the Council does hereby disclaim any right to a portion of the offers being made to the property owners. 40282 Minutes of the August 9, 2017 Regular Meeting of Council A roll call vote was taken on the foregoing resolutions with the following result: AYES: Meakin, Brosnan, Jolly, White, Bahr and McIntyre NAYS: None The President declared the resolutions adopted. Councilmember Bahr addressed Council about clarification of Consent Agenda items. On a motion by Meakin, supported by Brosnan, and unanimously adopted, it was: #280-17 RESOLVED, that having considered the report and recommendation of the City Engineer, dated July 17, 2017, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a communication from Kenneth J. Bowen, Vice President, Ashley Capital, dated July 17, 2017 and a proposed Contract Amendment from OHM Advisors, dated July 17, 2017, in connection with the Amrhein Road Reconstruction Project and the construction of a dedicated right turn lane for southbound Newburgh Road at Amrhein Road, along with traffic signals to be modernized with a box span configuration and relocation of utility poles, the Council does hereby authorize an appropriation and expenditure not to exceed $800,000.00 from the Unexpended Fund Balance of the Major Road Fund (202) for the construction and construction engineering for this project, to be reimbursed by Ashley Capital, 2575 S. Haggerty Road, Suite 500, Canton, MI 48188, which will pay $400,000.00 down upon contract award, and the balance due upon the later of project completion or September 8, 2017; FURTHER, the Council does hereby accept the bid of Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, MI 48185 for performing all work required in connection with the intersection improvements and traffic signal upgrade at Newburgh Road and Amrhein Road, for a total amount not to exceed $700,000.00, based on the engineering division’s estimate of units of work involved and subject to 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; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $700,000.00 from the Unexpended Fund Balance of the Major Road Fund (202) for this purpose; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract amendment between the City of Livonia 40283 Minutes of the August 9, 2017 Regular Meeting of Council and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150, to provide construction engineering services for the Newburgh Road and Amrhein Road Intersection Improvements and Traffic Signal Upgrade in an amount not to exceed $100,000.00; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $100,000.00 from the Unexpended Fund Balance of the Major Road Fund (202) for this purpose; and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary and the Mayor and City Clerk are hereby authorized to execute a contract for and on behalf of the City of Livonia with the aforesaid bidder and to do all other things necessary or incidental to the full performance of this resolution. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was: #281-17 WHEREAS, the City Council has duly met and reviewed the special assessments levied in the special assessment roll prepared by the City Assessor to cover the district in which street lighting is to be installed, such roll having been prepared on the basis of installing one (1) 52-watt LED light with Colonial Luminaire with underground wiring in Saville Row Site Condominiums located north of Joy Road and west of Wayne Road, in the Southeast 1/4 of Section 31, in said Special Assessment District No. 432; and the Council having conducted a public hearing on July 19, 2017, with regard to this matter; WHEREAS, the City Council has heard and carefully considered all objections made to said assessments; NOW, THEREFORE, BE IT RESOLVED, that the said Council does hereby determine necessity for the installation of one (1) 52-watt LED light with Colonial Luminaire with underground wiring, and that the assessments set forth in said Special Assessment District No. 432 Roll are fair and equitable and based upon benefits derived in said district, in accordance with the plans of the City Engineer and resolutions of the City Council; said Special Assessment Roll No. 432 based on the installation of one (1) 52-watt LED light with Colonial Luminaire with underground wiring is hereby approved and confirmed in all respects; pursuant to the provisions of Section 3.08.130 of the Livonia Code of Ordinances, as amended, the City Clerk shall endorse the date of confirmation on the Assessment Roll, and the assessment roll shall then be immediately transmitted to the City Treasurer who shall take such further action as set forth in Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Mayor and City Clerk are hereby authorized to execute a Municipal Street Lighting Agreement as provided by Detroit Edison for this purpose; and further, a sum not to exceed $326.00 is hereby authorized to be expended from the cash payments posted by or collected from the homeowners in Saville Row Site Condominiums in order to defray the 40284 Minutes of the August 9, 2017 Regular Meeting of Council Detroit Edison contribution-in-aid costs connected with this street lighting installation project. Kelly Pinkham, 8858 Saville Row, inquired about when the assessment would appear on the taxes and Zilincik responded to her inquiry and further discussion was held. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was: #282-17 RESOLVED, that the City Engineer having filed with the City Clerk a statement dated June 19, 2017, on all matters required by Sections 3.08.060 and 3.08.140 of the Livonia Code of ordinances, as amended, and a first public hearing having been held thereon on July 19, 2017, after due notice as required by Section 3.08.070 of said Code, and careful consideration having been given to all such matters, the Council does hereby, pursuant to Section 3.08.080 of said Code: 1. accept and approve said statement in all respects; 2. determine to make the improvement consisting of the installation of 73-watt LED lights with Colonial Luminaires with underground wiring in the Washington Park Site Condominiums, located south of Ann Arbor Road and west of Hix Road, in the Southwest ¼ of Section 31, City of Livonia, Wayne County, Michigan, as described in said statement; and defray the cost of such improvement by special assessment upon the property especially benefited in proportion to the benefits derived or to be derived; 3. approve the plans and specifications for the improvements as set forth in said statement dated June 19, 2017; 4. determine that the cost of such improvement shall be paid by special assessment upon the property especially benefited; 5. determine that the assessment made for such improvement shall be paid in annual installments, according to said statement; 6. designate the assessment district, describing the land and premises upon which special assessments shall be levied as follows: Lots 1 to 45, both inclusive of the Washington Park Condominium, as recorded in the Wayne County Condo Plan No. 1057, Liber 53508, Page 351, Wayne County Records, said development being part of the S.W. ¼ of Section 31, T.1 S., R. 9 E., City of Livonia, Wayne County, Michigan. 40285 Minutes of the August 9, 2017 Regular Meeting of Council 7. direct the City Assessor to prepare a special assessment roll in accordance with the Council’s determination on said statement as prepared by the City Engineer dated June 19, 2017; and 8. that upon completion of said roll, the City Assessor shall attach thereto the certificate required by the provisions of Section 3.08.100 of the Livonia Code of Ordinances, as amended, and file the same with the City Clerk, who thereupon is directed to present the same to the City Council prior to the holding of the second public hearing thereon pursuant to Title 3, Chapter 8, of the Livonia Code of Ordinances. On a motion by White, supported by Brosnan, and unanimously adopted, it was: #283-17 RESOLVED, that having considered a communication from the City Planning Commission, dated June 9, 2017, which transmits its resolution 06-30-2017, adopted on June 6, 2017, with regard to Petition 2017-05-01-02, submitted by Brian Duggan, on behalf of Soave/Oro Construction, L.L.C., to rezone property located on the west side of Farmington Road between Pickford and Clarita Roads (18761 Farmington Road), in the Northeast 1/4 of Section 9, from OS (Office Services) to R- 1 (One Family Residential – 60’ x 120’ Lot), and the Council having conducted a public hearing with regard to this matter on Wednesday, July 19, 2017, the Council does hereby approve Petition 2017-05-01-02, for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Bahr, supported by Jolly, and unanimously adopted, it was: #284-17 RESOLVED, that having considered a communication from the City Planning Commission, dated June 9, 2017, which transmits its resolution 06-31-2017, adopted on June 6, 2017, with regard to Petition 2017-05-01-03, submitted by Brian Duggan, on behalf of Soave/Oro Construction, L.L.C., to rezone the properties located on the west side of Farmington Road between Pickford and Curtis Roads (18491, 18489, 18481, 18477, 18451, 18431, 18421 and 18363 Farmington Road), in the Northeast 1/4 of Section 9, from OS (Office Services) to R-1 (One Family Residential – 60’ x 120’ Lot), and the Council having conducted a public hearing with regard to this matter on Wednesday, July 19, 2017, the 40286 Minutes of the August 9, 2017 Regular Meeting of Council Council does hereby approve Petition 2017-05-01-03, for preparation of the ordinance for submission to Council; and the City Planner is hereby instructed to cause the necessary map for publication to be prepared indicating the zoning change herein approved and to furnish the same to the Department of Law and, upon receipt of such map, the Department of Law is requested to prepare an ordinance amending Ordinance 543, as amended, in accordance with this resolution. On a motion by Meakin, supported by Brosnan, and unanimously adopted, it was: #285-17 RESOLVED, that having considered a communication from the Department of Law, dated July 14, 2017, approved for submission by the Mayor, transmitting for Council acceptance a quit claim deed from Brian Gielow, for 60’ Right-of-Way for Ann Arbor Trail, more particularly described as: Description of Quit Claim, 60’ Right-of-Way for Ann Arbor Trail Part of the Southwest ¼ of Section 33, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, described as: Commencing at the Southwest corner of said Section 33; thence N. 01° 50’ 10” E. 979.90 feet along the West line of said Section 33 to a point on the centerline of Ann Arbor Trail (variable width) as occupied; thence S. 86° 10’ 00” E. 125.50 feet along said centerline of Ann Arbor Trail to the POINT OF BEGINNING; thence N. 01° 51’ 25” E. 60.04 feet; thence S. 86° 10’ 00” E. 215.00 feet; thence S. 01° 51’ 25” W. 60.04 feet to a point on said centerline; and thence N. 86° 10’ 00” W. 215.00 feet along said centerline to the POINT OF BEGINNING. Containing 0.30 acres of land, more or less. Subject to any and all easements or rights of way of record, if any. Part of Tax ID No. 131-99-0009-000 Property address: 35300 Ann Arbor Trail the Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid quit claim deed; 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. 40287 Minutes of the August 9, 2017 Regular Meeting of Council During Audience Communication Brian Duggan, 14135 Denne, stated that Jeff Nork, longtime Spree volunteer, had passed away. On a motion by Bahr, supported by Brosnan, and unanimously adopted, this 1,830th Regular Meeting of the Council of the City of Livonia was adjourned at 7:53 p.m. on August 9, 2017. _____________________ Susan M. Nash, City Clerk