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HomeMy WebLinkAbout2019-04-08 REV. 4-18-19 40901 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND SEVENTIETH REGULAR MEETING OF APRIL 8, 2019 On April 8, 2019 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Laura Toy at 7:00 p.m. Councilmember Kathleen McIntyre led the meeting in the Invocation. Roll was called with the following result: Kathleen McIntyre, Brian Meakin, Brandon Kritzman, Scott Bahr, and President Laura Toy. Absent: Jim Jolly, Cathy White. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Eric Goldstein, Assistant City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy Priebe; Director of Legislative Affairs; and Mayor Dennis Wright. On a motion by McIntyre, supported by Kritzman, it was: #104-19 RESOLVED, that the minutes of the 1,869th Regular Meeting of Council held March 25, 2019 are approved as presented. A roll call vote was taken on the foregoing resolution with the following result: AYES: McIntyre, Meakin, Kritzman, and Toy PRESENT: Bahr NAYS: None The President declared the resolution adopted. 40902 Regular Meeting Minutes of April 8, 2019 Councilmember Meakin announced the Livonia Community Grant Presentation will take place on Thursday, April 11, 2019 at 7:00 p.m. in the Auditorium of the Robert and Janet Bennett Civic Center Library and invited all to attend. Councilmember Meakin announced the City of Livonia retirees for the month of March: Richard McClusky, 29 years of service with DPW; and Brian Tutor, 31 years of service with DPW. Councilmember Meakin wished both retirees well in their retirement. Councilmember Bahr indicated the Police Merit Awards Ceremony was recently held and acknowledged our dedicated first responders for their heroism. Councilmember Bahr indicated he found the event inspiring and would encourage residents to attend. Councilmember McIntyre indicated the Police Merit Awards Ceremony was not only a ceremony wherein the Police Department honors their own, but also a means to honor residents and community members for their service. Councilmember McIntyre indicated all residents have an opportunity to serve our great community. Councilmember Meakin indicated the Police Merit Awards Ceremony was an amazing evening to honor not only those who serve in public safety who go above and beyond, but it also recognized three young individuals at the Jack E. Kirksey Recreation Center who helped saved a life. President Toy spoke about the robotics event at Churchill High School. President Toy stated there is New Data on Item No. 2. There was no Audience Communication at the beginning of the meeting. A communication from the Department of Finance, dated March 18, 2019, re: forwarding various financial statements of the City of Livonia for the month ending December 31, 2018, was received and placed on file for the information of the Council. A communication from the Department of Finance, dated March 19, 2019, re: forwarding various financial statements of the City of Livonia for the month ending January 31, 2019, was received and placed on file for the information of the Council. 40903 Regular Meeting Minutes of April 8, 2019 On a motion by Bahr, supported by Kritzman, it was: #105-19 RESOLVED, that having considered a communication from Rev. Fr. Tony Massad, Pastor, dated March 1, 2019, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to hold a cultural festival with music played by a DJ and live bands at Saint Rafka Maronite Catholic Church, located at 32765 Lyndon Street, scheduled for Saturday, August 3, 2019 from 3:00 p.m. to 12:00 a.m. and Sunday, August 4, 2019 from 1:00 p.m. to 9:00 p.m., the Council does hereby grant and approve this request in the manner and form herein submitted. The Livonia Spree “69” Rotary 5K Course Map, received by the Office of the City Clerk on April 4, 2019, was received and placed on file for the information of the Council. #106-19 RESOLVED, that having considered the letter from Dan Spurling, President, Livonia Anniversary Committee, Inc., dated November 26, 2018, requesting approval of the following items: 1. The issuance of a permit to Wade Shows to conduct carnival amusement rides at Ford Field and John Stymelski Veterans’ Park, as part of the SPREE-69 Celebration, on June 25, 26, and 27, 2019, from 2:00 p.m. to midnight and on June 28, 29, and 30, 2019, from 12:00 noon to midnight, subject to the City of Livonia, Livonia Public Schools, the Livonia Civic Arenas, Inc. and the Livonia Anniversary Committee, Inc. being identified as additional insureds on Wade Shows’ general liability insurance policy; 2. Authorization of the Anniversary Committee to conduct a fireworks display at John Stymelski Veterans’ Park to be held on Sunday, June 30, 2019, at approximately 10:15 p.m., which display will be controlled by American Fireworks, Inc., subject to providing liability insurance for this event and subject to the City of Livonia, Livonia Public Schools, the Livonia Civic Arenas, Inc. and the Livonia Anniversary Committee, Inc., being designated as additional insureds on its policy; 3. Authorization of the Livonia Anniversary Committee to use and/or lease the facilities at Ford Field, Eddie Edgar Arena (subject to the terms of the existing lease between the Livonia Civic Arenas, Inc. and the City of Livonia) and John Stymelski Veterans’ Park during the period of the SPREE-69 Celebration in accordance with the 40904 Regular Meeting Minutes of April 8, 2019 fees/waivers grid for events co-sponsored by the City of Livonia; and 4. A waiver of all fees prescribed by ordinance or law with respect to Items 2 and 3 above, as well as a waiver of all vendors’ license fees for community organizations and/or groups authorized to participate in SPREE-69 by the Anniversary Committee. The Council does hereby concur in and approve the foregoing requests subject to the condition that no alcoholic beverage containing more than 21% of alcohol by volume may be used, kept or stored on or in any portion of Ford Field, Eddie Edgar Arena, or John Stymelski Veterans’ Park or any street or parking area adjacent thereto; and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. #107-19 RESOLVED, that having considered the letter from Dan Spurling, President, Livonia Anniversary Committee, Inc., dated November 26, 2018, wherein it is requested that the following City streets be closed to through traffic from 8:00 a.m. on June 24, 2019, through 12:00 noon on July 1, 2019 (Monday to Monday): Stark Road from the Family Y, 14255 Stark, to Lyndon Lyndon from Farmington Road to Stark Road The Council does hereby concur in and grant this request in the manner and form herein submitted; FURTHER, the Council does hereby request that Farmington Road be closed from the I-96 overpass to Five Mile Road on Sunday, June 30, 2019, between the hours of 6:30 p.m. and 11:30 p.m. or until the road is returned to normal traffic operation in connection with the annual SPREE fireworks display, and does hereby authorize the City of Livonia to assume liability for any damage claims which may arise as a result of the road closure, and that Sgt. Brian Leigh is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia, the action taken herein being made subject to the approval of the Police Department, Fire Department and Wayne County; and to the extent possible, SPREE is requested, in conjunction with the Police Department, to do all things necessary to alleviate traffic problems for the residents of Stoneleigh Village Subdivision during the 2019 Anniversary Celebration, including signs on the barricades indicating “local business and residents only.” #108-19 RESOLVED, that having considered the letter from Dan Spurling, President, Livonia Anniversary Committee, Inc., dated November 26, 2018, the Council does hereby approve of the request from the Livonia Anniversary Committee, Inc., for permission to display banners advertising SPREE-69 on Farmington Road and Five Mile Road 40905 Regular Meeting Minutes of April 8, 2019 from May 28, 2019 through July 1, 2019, and to display 4’ x 8’ signs at City Hall and Ford Field from May 28, 2019 through July 1, 2019, at no additional cost to SPREE; FURTHER, the Council does hereby permit the Livonia Anniversary Committee, Inc. to acknowledge supporters with banners and signage not to exceed 3’ x 5’ in size on Ford Field and the ball diamonds from May 28, 2019 to July 1, 2019; and the City Clerk and all other appropriate City officials and agencies are hereby requested to do all things necessary or incidental to the full performance of this resolution. #109-19 RESOLVED, that having considered the report and recommendation of the Chief of Police, dated March 5, 2019, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, the Council does hereby authorize the purchase of four (4) unmarked Police Vehicles, for use in an undercover capacity by the Intelligence Bureau, utilizing the State of Michigan Consortium Bid Pricing, in a total amount not to exceed $127,882.65, as follows: One (1) 2019 Ram 1500 Quad Cab Truck from LaFontaine CDJR- Lansing, 6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of $33,044.00, through the State of Michigan consortium; One (1) 2019 Dodge Grand Caravan SE from LaFontaine CDJR-Lansing, 6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of $28,563.00, through the State of Michigan consortium; One (1) 2019 Jeep Grand Cherokee Laredo 4x4 from LaFontaine CDJR- Lansing, 6131 S. Pennsylvania Avenue, Lansing, MI 48911, in the amount of $32,203.00, through the State of Michigan consortium; One (1) 2019 GMC Acadia from Todd Wenzel Buick GMC, 35100 Ford Road, Westland, MI 48185, in the amount of $34,072.65, through the State of Michigan consortium; FURTHER, an amount not to exceed $127,882.65 is hereby authorized to be expended from Drug Forfeiture funds maintained in Account No. 265- 333-985-000 for this purpose; and FURTHER, the Council does hereby determine to authorize the said purchases without competitive bidding inasmuch as the same is based upon the low State of Michigan consortium bids and/or such action is taken in accordance with the provisions set forth in Section 3.04.140D4 of the Livonia Code of Ordinances, as amended. 40906 Regular Meeting Minutes of April 8, 2019 #110-19 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated March 11, 2019, 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 one (1) Heavy Duty Mechanic Service Vehicle, a 2019 Ford 550 Crew Cab and 4X4 Chassis, to be utilized by the department mechanics, in an amount not to exceed $52,258.00, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, and the Service Body, in an amount not to exceed $25,769.00, from Versalife Midwest, formerly known as Cannon Truck Equipment, 51761 Danview Technology Ct., Shelby Township, Michigan 48315, for a total amount not to exceed $78,027.00, to replace a 2003 Front Line Maintenance Service Vehicle, the same to be expended from funds already budgeted for this purpose in Account No: 101-338-985-000 (Capital Outlay Vehicles); 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. 071B7700180 and Macomb County Contract #71-15, 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. #111-19 RESOLVED, that having considered a communication from the Information Systems Director, dated March 12, 2019, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, requesting that the City enter into th an agreement with CBI Telecommunications Consultants (“CBI”), 437 44 Street SW, Grand Rapids, MI 49548, to perform phone auditing services on behalf of the City, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the proposed agreement attached to the aforesaid communication, subject to approval as to form and substance by the Department of Law, between the City of Livonia and CBI, and to do all other things necessary or incidental to the full performance of this resolution; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as the same is based on the low Oakland County bid price pursuant to Code of Ordinances Section 3.04.140.D.4. #112-19 RESOLVED, that having considered a communication from the Information Systems Director, dated March 12, 2019, which bears the signatures of the Director of Finance and the City Attorney, and is approved for submission by the Mayor, requesting that the City enter into th an agreement with CBI Telecommunications Consultants, 437 44 Street SW, Grand Rapids, MI 49548, to perform phone auditing services on behalf of the City, the Council does hereby request that upon receipt of the progress and audit report, the Information Systems Department forward same to the Economic Development, Strategic Planning and Technology Committee, for its report and recommendation. 40907 Regular Meeting Minutes of April 8, 2019 #113-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 12, 2019, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of Greg Davis Landscape Services, 471 Renaud, Grosse Pointe, MI 48236 for completing all work required in connection with the City’s 2019 Street Tree Planting Program for the estimated total cost of $123,753.00, based upon the Public Service Division’s estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $123,753.00 from funds already budgeted in Account No. 204-781-818-047 (Contractual Services-Tree Replacement) for this purpose; FURTHER, in the event the low bidder is unable to supply certain species of trees, the Council does hereby accept the unit price bid of the second lowest bidder, Crimboli Nursery, Inc., 50145 Ford Road, Canton, MI 48187 to supply those species for the City’s 2019 Street Tree Planting Program for the estimated total cost not to exceed $143,633.00; and the Mayor and City Clerk are hereby authorized to execute a contract, subject to approval as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution. #114-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 13, 2019, submitted pursuant to Council Resolution 196-17, which bears the signature of the Director of Finance, and is approved for submission by the Mayor, in connection with the renewal of the contract between the City of Livonia and Azteca Systems LLC, for the DPW work management system, including Cityworks Online, the Council does hereby approve a renewal of the contract between the City of Livonia and Azteca Systems LLC, 11075 South State Street #24, Sandy, UT 84070 for a one (1) year period from March 1, 2019 to February 29, 2020, in an amount not to exceed $77,500.00; FURTHER, the Council does hereby authorize an appropriation and expenditure in an amount not to exceed $38,750.00 from Account No. 205-527-851-020 (Refuse Fund) and $38,750.00 from Account No. 592-559-851-020 (Water and Sewer Fund) for this purpose; FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, for the reason that Azteca Systems LLC is a sole source supplier and no advantage would result from requiring competitive bidding. 40908 Regular Meeting Minutes of April 8, 2019 #115-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 13, 2019, 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 one (1) 2019 Ford F550 Service Truck Chassis from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, in an amount not to exceed $46,426.00; and the upfitting of said vehicle by Truck and Trailer Specialties, 6726 Hanna Lake, Dutton, Michigan 49316, in an amount not to exceed $75,583.00; for a total amount not to exceed $122,009.00, as a replacement vehicle for the primary use of the roads Department, the same to be expended from funds already budgeted for this purpose in the Capital Projects Fund (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. 071B7700180 for the new vehicle purchase; and through the Rochester Hills Co-Op Award Agreement (RFP-RH-13-030) for the upfitting of said vehicle; 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 replaced vehicle at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicle. #116-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated March 13, 2019, 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 one (1) 2019 Ford F550 Super Cab 4X4 Stake Truck Chassis from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, in an amount not to exceed $48,962.00; and the upfitting of said vehicle by Truck and Trailer Specialties, 6726 Hanna Lake, Dutton, Michigan 49316, in an amount not to exceed $43,470.00; for a total amount not to exceed $92,432.00, to replace a vehicle for the primary use of the Roads Department, the same to be expended from funds already budgeted for this purpose in the Capital Projects Fund (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. 071B7700180 for the new vehicle purchase; and through the Rochester Hills Co-Op Award Agreement (RFP-RH-13-030) for the upfitting of said vehicle; 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 replaced vehicle at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicle. 40909 Regular Meeting Minutes of April 8, 2019 #117-19 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service, dated March 13, 2019, which bears the signatures of the Director of Public Works and the Director of Finance, and is approved for submission by the Mayor, the Council does hereby accept the bid of Healey Fire Protection, Inc., 134 Northpointe Dr., Lake Orion, MI 48359, for completing all work required in connection with the emergency replacement of the City Hall fire panel and alarm system, for a total amount not to exceed $65,189.00, the same having been in fact the lowest qualified bid received which meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $65,189.00 from funds already budgeted in the 2018-2019 budget (Account No. 401-000-987-000) for this purpose; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Department of Law, 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. #118-19 RESOLVED, that having considered the request of Council Vice President Jim Jolly, at the Study Meeting held March 25, 2019, to have an overall strategic plan in connection with the City Hall building’s compliance with the ADA, NFPA and Public Act 207 building codes, the Council does hereby refer this item to the Capital Outlay and Infrastructure Committee for its report and recommendation. #119-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 14, 2019, submitted pursuant to Council Resolution 109-18, which bears the signature of the Director of Finance, is approved by the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby accept the recommendation of the City Engineer to extend Contract 18-A unit prices per agreement with Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150, to the 2019 Asphalt Road Repair Program (Contract 19-A), with the exception of 25 revised unit prices, including bid items 6, 9, 11, 12, 16, 18, 20, 21, 37, 38-46, 49-51, 63, 68, 71 and 72, the amounts of which have been modified as follows: Item/Description Qty Unit Unit Amount Price 6. __Pavt, Rem, Modified 18062 Syd $ 7.75 $139,980.50 9. Excavation, Earth 1284 Cyd 27.50 35,310.00 11. Subgrade Undercutting, 680 Cyd 30.00 20,400.00 Type II, Modified 12. Subgrade Undercutting, 680 Cyd 30.00 20,400.00 Type II, Special 40910 Regular Meeting Minutes of April 8, 2019 16. Aggregate Base, 6 inch, 6103 Syd 5.50 33,566.50 Modified 18. Aggregate Base, Modified 390 Ton 23.50 9,165.00 20. Culv End Sect, Metal, 12 4 Ea 450.00 1,800.00 inch 21. Culv, CI A, CSP, 12 inch 40 Ft 85.00 3,400.00 37. Pavt, Repr, with or without 399 Syd 87.50 34,912.00 curb, Nonreinf Conc, 8 inch 38. Driveway, Nonreinf Conc, 2731 Syd 53.00 144,743.00 6 inch 39. Curb and Gutter, 18 inch 195 Ft 24.00 4,680.00 40. Curb and Gutter, 24 inch 5275 Ft 24.50 129,237.50 41. Curb and Gutter, 30 inch 2968 Ft 26.00 77,168.00 42. Detectable Warning 383 Ft 40.00 15,320.00 Surface 43. Curb Ramp Opening, 337 Ft 28.50 9,604.50 Conc 44. Sidewalk Ramp, Conc, 4 2673 Sft 5.80 15,503.40 inch 45. Sidewalk Ramp, Conc 6 2934 Sft 6.85 20,097.90 inch 46. Sidewalk, Conc, 4 inch 19 Sft 5.30 100.70 49. Pavt Markg, Ovly Cold 2 Ea 180.00 360.00 Plastic, Lt Turn Arrow Sym 50. Pavt Markg, Ovly Cold 4 Ea 220.00 880.00 Plastic, Only 51. Pavt Markg, Ovly Cold 2 Ea 180.00 360.00 Plastic, Rt Turn Arrow Sym 63. Traffic Control, 25 Ea 1,500.00 37,500.00 Residential Street 68. Adjust Sprinkler Head 189 Ea 33.00 6,237.00 71. Sprinkler Head 104 Ea 55.00 5,720.00 72. Irrigation Piping 315 Ea 2.50 787.50 and to accept the bid thus modified for the estimated total cost of $3,617,128.12, based on the bid unit prices from 2018, Contract 18-A, the revised unit prices, and the agreed upon 150 inspector days based on the recommendation of OHM Advisors (OHM), said amount to be adjusted based upon the quantities of work actually completed; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $3,617,128.12 for the 2019 Asphalt Road Repair Program (Contract 19- A) from funds already budgeted in the following accounts for this purpose: 40911 Regular Meeting Minutes of April 8, 2019 Account No. 204-463-818-110 (Reconstruction) $ 536,105.00 Account No. 204-463-818-112 (Rehabilitation) $3,031,023.12 Account No. 204-463-818-114 (Maintenance) $ 50,000.00 FURTHER, the Council does hereby appropriate and authorize an expenditure in an amount not to exceed $217,128.12 from the unexpended fund balance of the Road, Sidewalk and Tree Fund (204), in addition to the funds listed above, such amount to be placed in Account No. 204-463-818-112 (Rehabilitation); FURTHER, the Council does hereby authorize the action herein without competitive bidding in accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended, since the market for these goods and services has proven to be so non-competitive that no advantage to the City would result from competitive bidding, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties; and the Mayor and City Clerk are hereby authorized for and on behalf of the City of Livonia to execute a contract extension with the aforesaid company, approved as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. #120-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated March 14, 2019, submitted pursuant to Council Resolution Nos. 365-16 and 381-17, which bears the signature of the Finance Director, is approved by the Director of Public Works, approved as to form by the City Attorney, and is approved for submission by the Mayor, to which is attached a proposed amendment to the Engineering contract between the City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150 for the 2019 Asphalt Road Program, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached contract amendment between the City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150, to provide construction engineering services for the 2019 Asphalt Road Program in an amount not to exceed $434,055.00, said amount being based on the preliminary cost estimates and subject to adjustment based on the actual bids; FURTHER, the aforesaid proposal is accepted without competitive bidding pursuant to Code of Ordinances Section 3.04.140D.2.b; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $434,055.00 from funds budgeted in Account No. 204-441-818-102 (Road, Sidewalk and Tree Fund) for this purpose, and the City Engineer is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle 40912 Regular Meeting Minutes of April 8, 2019 the City Engineer to authorize any increase in the not to exceed amount or to contract with other parties. #121-19 RESOLVED, that having considered a communication from the City Planning Commission, dated March 8, 2019, which transmits its resolution 03-23-2019, adopted on March 5, 2019, with regard to Petition 2019-01-03-01, submitted by the Nowak & Fraus Engineers on behalf of Smith-Watkins Investment, L.L.C., pursuant to Council Resolution 56-19, to determine whether or not to vacate the existing storm sewer easement located on the northwest corner of Pamco Drive and Merriman Road (31500 Pamco Drive) in the Northeast ¼ of Section 27, the Council does hereby concur in the recommendation of the City Planning Commission and does grant and approve the said Petition 2019-01-03-01, and the Department of Law is hereby requested to prepare the necessary vacating ordinance in accordance with this resolution. An email communication from Jeremy Cordell, Design Architect, Hooker DeJong, Inc., dated March 25, 2019, with an updated set of .pdf drawings, re: Petition 2019-01-08-03, was received and placed on file for the information of the Council. An updated set of drawings, received by the Office of the City Clerk on March 22, 2019, re: Petition 2019-01-08-03, was received and placed on file for the information of the Council. #122-19 RESOLVED, that having considered a communication from the City Planning Commission, dated February 22, 2019, which transmits its resolution #02-18-2019, adopted on February 19, 2019, with regard to Petition 2019-01-08-03, submitted by Community Alliance Credit Union, to construct a single-story building addition, relocate the existing drive- thru operations and reconfigure the parking and driveway facilities of the existing credit union located on the southwest corner of Plymouth and Newburgh Roads (37401 Plymouth Road), in the Southeast ¼ of Section 30, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. 40913 Regular Meeting Minutes of April 8, 2019 A roll call vote was taken on the foregoing resolutions with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy 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 33 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 SECTON 3.___________ THERETO. (Petition 2018-08-01-06) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Kritzman, supported by Meakin, it was: RESOLVED, that having considered a communication from the City Planning Commission, dated March 11, 2019, which transmits its resolution #03-24-2019, adopted on March 5, 2019, with regard to Petition 2019-01-08-04 submitted by Leo Soave, to develop a site condominium (Grove Court) consisting of seventeen (17) single-family homes located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road (34417 Ann Arbor Trail and 34391 Dover Avenue) in the Southwest ¼ of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2019-01-08-04 is hereby approved and granted, subject to the following conditions: 1. That the condominium Master Deed and Bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, and that all 40914 Regular Meeting Minutes of April 8, 2019 building and use restrictions shall incorporate the following requirements:  That the first floor of each condominium unit shall be brick or stone, on all four (4) sides;  That the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings;  That all exterior chimneys shall be brick; 2. That the brick used in the construction of each condominium unit shall be full face four-inch (4”) brick; 3. In the event of a conflict between the provisions set forth in the Master Deed and bylaws, and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail, and petitioner shall comply with the Zoning Ordinance requirements; 4. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner’s property pro rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 5. That the Site Plan identified as Drawing No. C-02 dated October 20, 2018, prepared by National Consultants & Engineering L.L.C., is hereby approved and shall be adhered to; 6. That the Landscape Plan identified as LP-1 and the Landscape Notes & Details Plan identified as LP-2, both, dated January 16, 2019, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to; 7. That the petitioner shall secure the necessary storm water management permits from the City of Livonia Engineering Division; 40915 Regular Meeting Minutes of April 8, 2019 8. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time permits are applied for; 9. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; 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. Following discussion by Council, a Friendly Amendment was made to the original resolution offered by Kritzman, supported by Meakin, with the following result: #123-19 RESOLVED, that having considered a communication from the City Planning Commission, dated March 11, 2019, which transmits its resolution #03-24-2019, adopted on March 5, 2019, with regard to Petition 2019-01-08-04 submitted by Leo Soave, to develop a site condominium (Grove Court) consisting of seventeen (17) single-family homes located on the south side of Ann Arbor Trail between Norwich Avenue and Wayne Road (34417 Ann Arbor Trail and 34391 Dover Avenue) in the Southwest ¼ of Section 33, the Council does hereby concur in the recommendation of the Planning Commission and Petition 2019-01-08-04 is hereby approved and granted, subject to the following conditions: 1. That the condominium Master Deed and Bylaws comply with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, and Article XX, Section 20.01-20.06 of Zoning Ordinance #543, and that all building and use restrictions shall incorporate the following requirements:  That the first floor of each condominium unit shall be brick or stone, on all four (4) sides.  That the totalamount of brick or stone on each two-story unit shall not be less than 65% and not less than 80%of one-story dwellings.  That all exterior chimneys shall be brick 40916 Regular Meeting Minutes of April 8, 2019 2. That the brick used in the construction of each condominium unit shall be full face four-inch (4”) brick; 3. In the event of a conflict between the provisions set forth in the Master Deed and bylaws, and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail, and petitioner shall comply with the Zoning Ordinance requirements; 4. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner’s property pro rata and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 5. That the Site Plan identified as Drawing No. C-02 dated October 20, 2018, prepared by National Consultants & Engineering L.L.C., is hereby approved and shall be adhered to; 6. That the Landscape Plan identified as LP-1 and the Landscape Notes & Details Plan identified as LP-2, both, dated January 16, 2019, prepared by Nagy Devlin Land Design, are hereby approved and shall be adhered to; 7. That the petitioner shall secure the necessary storm water management permits from the City of Livonia Engineering Division; 8. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time permits are applied for; 9. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be 40917 Regular Meeting Minutes of April 8, 2019 deposited with the City prior to the issuance of engineering permits for this site condominium development; and 10. That the Petitioner shall construct a deceleration lane on Eastbound Ann Arbor Trail onto southbound Norwich, submit plans to the Engineering Division for review and permit approval pertaining to this site condition. 11. 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. A roll call vote was taken on the foregoing resolution with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy NAYS: None The President declared the resolution adopted. On a motion by Meakin, supported by Bahr, it was: RESOLVED, that having considered a communication from Heather Plinka, dated March 11, 2019, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to hold a wedding reception with a DJ and music playing throughout the event at 29610 Hoy Street, scheduled for Saturday, August 17, 2019, from 5:00 p.m. to 11:00 p.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 11:00 p.m. in connection with this event to be held on Saturday, August 17, 2019. Following discussion by Council, a Friendly Amendment was made to the original resolution offered by Meakin, supported by Bahr, with the following result: #124-19 RESOLVED, that having considered a communication from Heather Plinka, dated March 11, 2019, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, to hold a wedding 40918 Regular Meeting Minutes of April 8, 2019 reception with a DJ and music playing throughout the event at 29610 Hoy Street, scheduled for Saturday, August 17, 2019, from 5:00 p.m. to 11:00 p.m., the Council does hereby determine to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances between the hours of 6:00 p.m. and 11:00 p.m. in connection with this event to be held on Saturday, August 17, 2019. A roll call vote was taken on the foregoing resolution with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy NAYS: None The President declared the resolution adopted. On a motion by Bahr, supported by Kritzman, it was: RESOLVED, that having considered a communication from the Mayor, dated March 15, 2019, regarding a request by the Administration of Madonna University, dated February 19, 2019, for authorization to enter into a Sister City Agreement between the City of Livonia and the City of Silay, Republic of the Philippines, located at Zamora St., Brgy. I, Silay City, Negros Occidental, Philippines, to form a broad-based, long-term relationship of friendship, cultural exchange, and pursuit of matters of mutual interest, the Council does hereby, for and on behalf of the City of Livonia, authorize the Mayor and City Clerk to execute the proposed Sisterhood Agreement attached to the aforesaid communication, subject to approval as to form and substance by the Department of Law, and to do all other things necessary or incidental to the full performance of this resolution. Following discussion by Council, on a motion by Bahr, supported by Meakin, a motion was made to substitute the following resolution in lieu of the foregoing: RESOLVED, that having considered a communication from the Mayor, dated March 15, 2019, regarding a request by the Administration of Madonna University, dated February 19, 2019, for authorization to enter into a Sister City Agreement between the City of Livonia and the City of Silay, Republic of the Philippines, located at Zamora St., Brgy. I, Silay City, Negros Occidental, Philippines, to form a broad-based, long-term relationship of friendship, cultural exchange, and pursuit of matters of mutual interest, the Council does hereby refer this item to the Economic 40919 Regular Meeting Minutes of April 8, 2019 Development, Strategic Planning and Technical Committee for its report and recommendation. A roll call vote was taken on the motion to substitute with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy NAYS: None The President declared the motion to substitute passed. On a motion by Bahr, supported by Meakin, a roll call vote was then taken on the substitute resolution as follows: #125-19 RESOLVED, that having considered a communication from the Mayor, dated March 15, 2019, regarding a request by the Administration of Madonna University, dated February 19, 2019, for authorization to enter into a Sister City Agreement between the City of Livonia and the City of Silay, Republic of the Philippines, located at Zamora St., Brgy. I, Silay City, Negros Occidental, Philippines, to form a broad-based, long-term relationship of friendship, cultural exchange, and pursuit of matters of mutual interest, the Council does hereby refer this item to the Economic Development, Strategic Planning and Technical Committee for its report and recommendation. with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy NAYS: None The President declared the substitute resolution adopted. On a motion by Meakin, supported by Kritzman, it was: #126-19 RESOLVED, that having considered a communication from the Department of Assessment, bearing the signatures of the Planning Director and the Assistant City Engineer, dated March 12, 2019, approved for submission by the Mayor, with regard to a request from Michael Soave, Soave/Oro Construction, PO Box 729, South Lyon, MI 48178, and in accordance with the provisions of 1967 PA 288, as amended, as well as Code of Ordinances Section 16.32.030 and Section 18.46 of Ordinance No. 543, both as amended, the Council does hereby approve of the 40920 Regular Meeting Minutes of April 8, 2019 proposed division of Tax Item No. 46 053 02 0315 000, located on the north side of Greenland Avenue west of Middlebelt, south of Six Mile, at 29614 Greenland Avenue, into two (2) parcels, the legal descriptions of which shall read as follows: PARCEL “A” The west half of Lot 315 of Supervisor’s Livonia Plat No. 4 of part of S.E. ¼ of N.E. ¼ and part of N.E. ¼ of S.E. ¼ of Section 14, T. 1 S., R. 9 E., Livonia Twp. (Now City of Livonia), Wayne County, Michigan, as recorded in Liber 66, Page 20 of Wayne County Records. More fully described as: Beginning t the S.W. Corner of Lot 315; Thence N 1’38’18” E 299.90 feet along the west line of Lot 315 to the N.W. Corner of Lot 315; Thence S 88’15’39” E 70.00 feet along the North line of Lt 315: Thence S 01’38’18” W 299.79 feet to the south line of Lot 315; Thence N 88’21’00” W 70.00 feet along the south line of Lot 315 to the point of beginning. Containing 0.48 acres. PARCEL “B” The east half of Lot 315 of Supervisor’s Livonia Plat No. 4 of part of S.E. ¼ of N.E. ¼ and part of N.E. ¼ of S.E. ¼ of Section 14, T. 1 S., R. 9 E., Livonia Twp., (Now known as City of Livonia), Wayne County, Michigan as recorded in Liber 66, Page 20 of Wayne County Records. More fully described as: Commencing at the S.W. corner of Lot 315; Thence S 8’21’00” E. 70.00 feet along the south line of Lot 315 to the point of beginning; Thence N 01’38’18” E 299.79 feet to the north line of Lot 315; Thence S 88’15’39” E 70.00 feet along said north line to the N.E. corner of Lot 315; Thence S 01’38’18” W 299.68 feet along the east line of Lot 315 to the S.E. corner of Lot 315; Thence N 88’21’00” W 70.00 feet along the south line of Lot 315 to the point of beginning. Containing 0.48 acres as shown on the map attached to the aforesaid communication which is made a part hereof by reference; FURTHER, in accordance with Section 16.32.030 of the Livonia Code of Ordinances, as amended, and Section 18.46 of Zoning Ordinance No. 543, as amended, the Council does hereby waive the minimum lot width and lot area requirements set forth in Zoning Ordinance No. 543, as amended, with respect to this property division; and the City Clerk is hereby requested to cause a certified copy of this resolution to be recorded in the Office of the Wayne County Register of Deeds. 40921 Regular Meeting Minutes of April 8, 2019 A roll call vote was taken on the foregoing resolution with the following result: AYES: McIntyre, Meakin, Kritzman, Bahr and Toy NAYS: None The President declared the resolution adopted. On a motion by Bahr, supported by Kritzman, and unanimously adopted, it was: #127-19 RESOLVED, that having considered a communication from the City Planning Commission, dated February 20, 2019, which transmits its resolution 02-16-2019, adopted on February 19, 2019, with regard to Petition 2019-01-01-01, submitted by Schoolcraft College, to rezone a portion of the property located on the east side of Haggerty Road between Six Mile and Seven Mile Roads (18600 Haggerty Road) in the Northwest ¼ of Section 7, from PL (Public Lands) to PO (High Rise Professional Office – Maximum Four (4) Stories), and the Council having conducted a public hearing with regard to this matter on Monday, March 18, 2019, the Council does hereby approve Petition 2019-01-01-01, 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 Kritzman, and unanimously adopted, it was: #128-19 RESOLVED, that having considered a communication from the Department of Law, dated March 27, 2019, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by Dennis K. Wright, Mayor, City of Livonia, for a six (6’) foot wide utility easement in connection with the installation and maintenance of dedicated 911 lines for the Livonia Police Department at the subject location in the West 1/2 of Section 22, more particularly described as: (6-foot Wide Utility Easement) An easement located in and being part of the West ½ of the N.W. ¼ of Section 22, Township 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, being a six-foot (6’) wide strip of land, the sidelines of 40922 Regular Meeting Minutes of April 8, 2019 said strip being located three-feet (3’) on each side of the following described centerline: Commencing at the N.W. corner of said Section 22, thence proceeding S 01°25’00” W, 831.22 feet along the west line of said Section 22; thence S 88°35’30” E, 108.00 feet to the easterly right-of-way line of Farmington Road (variable width); thence the following two (2) courses along said easterly right-of-way line of Farmington Road, (1) S 01°25’00” W, 475.67 feet, and (2) S 01°56’02” W, 70.67 feet to the Point of Beginning; thence S 87°30’48” E, 186.19 feet; thence 45.75 feet along the arc of a curve to the left, said curve having a radius of 57.00 feet, central angle of 45°59’21”, and long chord bearing N 69°29’32” E 44.53 feet; thence N 46°29’52” E, 127.63 feet to the Point of Ending. The sidelines of the above easement are to be extended or shortened to commence at the easterly right-of-way of Farmington Road to terminate perpendicular to the Point of Ending. See Attached Utility Easement Sketch provided by Spalding DeDecker, dated 2/27/19 for 123.Net (3 pages). 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. There was no Audience Communication at the end of the meeting. On a motion by Kritzman, supported by Bahr, and unanimously adopted, this 1,870th Regular Meeting of the Council of the City of Livonia was adjourned at 7:25 p.m. on April 8, 2019. _____________________ Susan M. Nash, City Clerk