HomeMy WebLinkAbout2019-10-07
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2 rev 10-21-19
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-SECOND
REGULAR MEETING OF OCTOBER 7, 2019
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prior to meeting
PRI
On October 7, 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 Brandon Kritzman led the meeting in the
Pledge.
Roll was called with the following result: Brandon Kritzman, Scott Bahr,
Cathy White, Kathleen McIntyre, Brian Meakin, Jim Jolly and President Laura
Toy. Absent: None.
Elected and appointed officials present: Mark Taormina, Director of
Planning and Economic; Todd Zilincik, City Engineer; Leo Neville, Assistant City
Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Mike Slater,
Director of Finance; Don Rohraff, Director of Public Works, and Judy Priebe,
Director of Legislative Affairs.
On a motion by White, supported by Kritzman, it was:
#330-19 RESOLVED, that the minutes of the 1,881st
Regular Meeting of Council held September 23, 2019 are
approved as presented.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kritzman, Bahr, White, McIntyre, Jolly and Toy
NAYS: None
PRESENT: Meakin
The President declared the resolution adopted.
President Toy wished happy birthday to Mark Taormina, Todd Zilincik and Leo
Neville.
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Regular Meeting Minutes of October 7, 2019
She then announced there will be one X-Item at the end of the Regular Agenda
and there is New Data on Item No. 8.
Councilmember Meakin announced one retiree in September, that being Michael
Kingsbury, who served the City for 25 years and was a Senior Police Sergeant.
President Toy announced the following meetings open to residents to attend:
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First Citizen Advisory Road Committee will meet on Wednesday, October 16,
at 6:30 p.m. in the West Conference Room at the DPW Administration Building
located at 12973 Farmington Road.
MDOT will host a public meeting to discuss the I-275 Improvement Project
starting in 2020 through several Wayne County communities on Tuesday,
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October 15 from 4:00 p.m. to 6:00 p.m. at Summit on the Park in Canton.
AUDIENCE COMMUNICATION
Ray Boone, 17453 Pershing, invited residents to attend the Open House of VFW
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Post 4931 to be held Saturday, October 12 from 12:00 p.m. to 5:00 p.m. He
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stated they are celebrating their 75 year and encouraged all to attend.
Christine Wofford, 44006 Applewood, Canton, spoke to express concern over
recent traffic lane closures on southbound Middlebelt east of Industrial. Ms.
Wofford indicated she did not feel the lane closures were safe and created very
dangerous traffic conditions in that area.
Nancy Velentini, 15408 Susanna Circle, inquired if President Toy would be able
to attend a mayoral candidate forum should one be scheduled in the future.
Judy Coleman, Caste Gardens subdivision, addressed Council to express
severe skunk problems experienced throughout the subdivision. Ms. Coleman
provided photos and addresses of multiple lawns destroyed by the skunk
infestation and requested some assistance from Council to resolve the problem.
Mike Nicholson, Castle Gardens subdivision, addressed Council to express his
concern for dog feces found throughout Bien Park within the subdivision and
indicated the removal of dog feces from the park may help the current skunk
dilemma.
#331-19 RESOLVED, that having considered the request of
Councilmember Brian Meakin, at the Regular Meeting held October 7,
2019, concerning the subject of what options are available to alleviate the
skunk problem in Castle Gardens Subdivision and the dog feces issue in
Bien Park and its vicinity, the Council does hereby refer this matter to the
Administration for its report and recommendation as to these matters.
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Regular Meeting Minutes of October 7, 2019
A communication from the Department of Finance, dated August 30,
2019, re: various financial statements of the City of Livonia for the month ending
July 31, 2019, was received and placed on file for the information of the Council.
On a motion by Jolly, supported by Bahr, it was:
#332-19 RESOLVED, that having considered a communication from
the Office of the Mayor, dated September 13, 2019, and in accordance
with the provisions of the Brownfield Redevelopment Financing Act, Act
381 of Public Acts of the State of Michigan of 1996, as amended, the
Council does hereby approve of and concur in the appointment of
Nicholas Lomako, 20154 Edgewood Avenue, Livonia, Michigan 48152, to
the Livonia Brownfield Redevelopment Authority for a term which will
expire on November 24, 2022.
#333-19 RESOLVED, that having considered the report and
recommendation of the Director of Finance and the Human Resources
Director, dated September 16, 2019, which is approved for submission by
the Mayor, to which is attached a recommendation from Christopher
Kuhn, CFA, CAIA, AndCo Consulting, dated September 16, 2019,
regarding a change of investment options for the City of Livonia’s 401a
and 457 Retirement Plans, replacing the RidgeWorth Large Cap Value
Equity Fund (“STVZX”) with the Ceredex Large Cap Value CIT Fund, due
to the lower fee structure of the Ceredex Large Cap Value CIT Fund, the
Council does hereby take this means to indicate its acceptance of said
recommendation and approval of dropping STVZX from the roster of
investment options for said plans in favor of Ceredex Large Cap Value
CIT; and the Mayor and City Clerk are hereby authorized, for and on
behalf of the City of Livonia, to execute any necessary document(s) and
do all other things necessary or incidental to the full performance of this
resolution.
#334-19 RESOLVED, that having considered the report and
recommendation of the Director of Finance and the Human Resources
Director, dated September 16, 2019, which is approved for submission by
the Mayor, requesting adoption of a rule delegating to the Board of
Trustees (provided for in Chapters 2.96 and 2.97 of the Livonia Code of
Ordinances) the authority to determine the selection and use of
investment funds for the City’s 401a and 457 Retirement Plans, the
Council does hereby approve and adopt said rule delegating to said Board
the authority to determine the investment options in the City’s 401a and
457 retirement plans .
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Regular Meeting Minutes of October 7, 2019
#335-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 9, 2019, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, reviewed as to form by the City Attorney, and approved
for submission by the Mayor, to which is attached a proposed agreement
between the City of Livonia and the Michigan Department of
Transportation (MDOT) for the installation of a traffic signal mast arm and
the signal painting work at the intersection of Highway Old M-14
(Plymouth Road) and Tech Center Drive, with 100% responsibility of the
City of Livonia’s participation estimated to be $69,400.00, 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 $69,400.00 from funds budgeted in Account No. 202-
463-973-020 (Major Street Fund) for this purpose; FURTHER, the Council
does hereby authorize a Working Capital Advance to MDOT in the amount
of $27,800.00 as a portion of the City of Livonia’s 100% participation of
the total project cost; 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.
#336-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 2019, which transmits its
resolution 08-74-2019, adopted on August 27, 2019, with regard to
Petition 2019-07-03-03, submitted by the City Planning Commission,
pursuant to Council Resolution 242-19 and Section 12.08 of the Livonia
Code of Ordinances as amended, to determine whether or not to vacate
the south 33 feet of Surrey Avenue, located south of Graytona Avenue in
the Northeast ¼ of Section 28, to facilitate the relocation of the entrance
and exit gates to the City of Livonia Department of Public Works complex,
the Council does hereby concur in the recommendation of the City
Planning Commission and does grant and approve the said Petition 2019-
07-03-03; and the Department of Law is hereby requested to prepare the
necessary vacating ordinance in accordance with this resolution.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Kritzman, Bahr, White, McIntyre, Meakin, Jolly and Toy
NAYS: None
The President declared the resolutions adopted.
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Regular Meeting Minutes of October 7, 2019
President Toy, as Chair of the Committee of the Whole, reported out on the
meeting of September 16, 2019.
a. Subject matter of Intergovernmental Agreements for the creation of
Authorities for the purchase of goods and/or the deliver of services. (CR
201-12)
On a motion by Meakin, supported by Kritzman, and unanimously adopted, it
was:
#337-19 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 16,
2019, submitted pursuant to Council Resolution No. 201-12, regarding the
subject matter of Intergovernmental Agreements for the creation of
Authorities for the purchase of goods and/or delivery of services, the
Council does hereby determine to take no further action with regard to this
matter.
b. Subject matter of the City-Wide Comprehensive Master Plan. (CR 361-
17), where the following resolution was made:
This item will remain in Committee.
An email communication from H. Roger Mali, Authorized Agent for Livonia
Healthcare Real Estate, L.L.C., dated September 13, 2019, re: request to
withdraw Site Plan Petition 2018-12-02-23, was received and placed on file for
the information of the Council.
c. Petition 2018-12-02-23 submitted by Livonia Healthcare Real Estate,
L.L.C. to construct and operate a nursing and physical rehabilitation
facility on property located on the Southeast corner of Wayne Road and
Ann Arbor Trail (8834 Wayne Road) in the Southwest ¼ of Section 33.
(CR 100-19)
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#338-19 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated September 16,
2019, submitted pursuant to Council Resolution No. 100-19, regarding
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Regular Meeting Minutes of October 7, 2019
Petition 2018-12-02-23, submitted by Livonia Healthcare Real Estate,
L.L.C., to construct and operate a nursing and physical rehabilitation
facility on property located on the Southeast corner of Wayne Road and
Ann Arbor Trail (8834 Wayne Road) in the Southwest ¼ of Section 33, the
Council does hereby determine to take no further action with regard to this
matter and discharges the Committee of the Whole from further
consideration.
At the direction of the Chair, Item No. 6 was removed from the Agenda.
On a motion by Jolly, supported by Kritzman, and unanimously adopted,
it was:
#339-19 RESOLVED, that having considered an application from
Sean Griffin, GEAR-Giving Every Athlete Resources, dated September
12, 2019, the Council does hereby take this means to indicate that GEAR
is recognized as a non-profit organization operating in the community, and
the action herein being taken for the purpose of affording GEAR the
opportunity to qualify for a charitable gaming license or registration from
the State of Michigan in accordance with provisions of State statute.
Sean Griffin, President and CEO of GEAR, was present to answer any questions
of Council on the above agenda item.
A site plan identified as Sheet Numbers SP-1 and SP-2 and the Floor Plan
and Building Elevations identified as Sheet Numbers A-1 and A-2, dated
September 2, 2019, as revised, prepared by Arbid Design & Construction, L.L.C.,
re: Petition 2019-07-08-11, was received and placed on file for the information
of the Council.
On a motion by Jolly, supported by Kritzman, and unanimously adopted,
it was:
#340-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 2019, which transmits its
resolution #08-76-2019, adopted on August 27, 2019, with regard to
Petition 2019-07-08-11, submitted by Arbid Design & Construction, L.L.C.,
to renovate the existing gas station located on the northeast corner of Six
Mile and Haggerty Roads (39350 Six Mile Road), in the Southwest ¼ of
Section 7, the Council does hereby concur in the recommendation of the
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Regular Meeting Minutes of October 7, 2019
Planning Commission and Petition 2019-07-08-11 is hereby approved and
granted, subject to the following conditions:
1. That the Site Plan identified as Sheet Number SP-1, dated
September 2, 2019, as revised, prepared by Arbid Design &
Construction is hereby approved and shall be adhered to;
2. Parking spaces shall be doubled striped at ten feet (10’) wide by
twenty feet (20’) in length;
3. That all existing landscaped areas shall be cleaned up, re-
managed and permanently maintained in a healthy condition;
4. That the Elevation Plan identified as Sheet Number A-2, dated
September 2, 2019, as revised, prepared by Arbid Design &
Construction is hereby approved and shall be adhered to;
5. That the three walls of the trash dumpster area shall be constructed
out of the same brick used in the construction of the building or in
the event a poured wall is substituted, the wall’s design, texture and
color shall match that of the building. The enclosure gates shall be
of solid panel steel construction or durable, long-lasting solid panel
fiberglass. The trash dumpster area shall always be maintained
and when not in use closed ;
6. 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;
7. That any illumination of the pump island canopy shall be restricted
to the undercarriage, and all light fixtures shall be recessed and
made flush with the established ceiling; provided, however, that this
section shall not apply to those specified signs which are expressly
allowed by the district regulations of the Zoning Ordinance;
8. That all light fixtures shall not exceed twenty feet (20’) in height and
shall be aimed and shielded to minimize stray light trespassing
across property lines and glaring into adjacent roadway;
9. No outside storage, placement or display of merchandise shall be
permitted at any time on this site; however, the foregoing
prohibition shall not apply to the display, on the pump islands only,
of oil based products as permitted in Section 11.03(a)(12) of the
Zoning Ordinance;
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Regular Meeting Minutes of October 7, 2019
10. Pursuant to Section 11.03(a)(13), free air shall be provided at all
times this station is open for business. The free air shall be
dispensed at the point of service without having to enter the station
or perform any extra action to obtain the air without charge;
11. That there shall be no vehicle vacuum equipment or outdoor
placement/storage of propane cylinder storage units on the site;
12. That the sale of ice shall be restricted to the inside of the building;
13. 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;
14. That no part of the pump island canopy fascia, except for signage,
shall be illuminated;
15. That no LED lightband or exposed neon shall be permitted on this
site including, but not limited to, the pump island canopy, building
or around the windows;
16. That unless approved by the proper local authority, any type of
exterior advertising, such as promotional flags, streamers or
sponsor vehicles designed to attract the attention of passing
motorists, shall be prohibited;
17. 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,
18. 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.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#341-19 RESOLVED, that having considered the report and
recommendation of the Director of Public Works and the City Engineer,
dated September 20, 2019, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, to which is attached
a proposed amendment to the City’s five-year Qualification-Based
Selection (QBS) Contract with OHM Advisors, 34000 Plymouth Road,
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Regular Meeting Minutes of October 7, 2019
Livonia, Michigan 48150, previously approved in Council Resolution 365-
16, adopted on September 19, 2016, to provide as-needed highly
specialized and technical engineering services through the duration of the
contract expiring on November 30, 2021, 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 additional as-needed professional engineering services at the
hourly rates shown in the attached general service rate schedule, in an
overall amount not to exceed $350,000.00, and to do all other things
necessary or incidental to the full performance of this resolution.
On a motion by Bahr, supported by McIntyre, and unanimously adopted,
it was:
#342-19 RESOLVED, that having considered the report and
recommendation of the City Engineer and the Director of Public Works,
dated September 20, 2019, which bears the signature of the Director of
Finance and is approved for submission by the Mayor, requesting an
additional appropriation and expenditure from budgeted funds to enable
payment in an amount not to exceed $121,905.00 to D’Angelo Brothers,
Inc., P.O. Box 531330, Livonia, Michigan 48153 for performing all work
required in connection with the existing water and sewer taps and service
connections, along with emergency water and sewer repairs for rear yard
drainage improvements, previously approved in Council Resolution 264-
17, adopted on July 24, 2017, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $121,905.00
($74,175.00 for Warner Court/Sunset Avenue in Section 23; $39,410.00
for Hees Avenue in Section 34; and $8,320.00 for Grove Avenue in
Section 13) from budgeted funds in the Capital Project Fund, Account No:
401-000-974-000, 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 the City Engineer to
authorize any increase in the not to exceed amount or to contract with
other parties; FURTHER, the Council does hereby authorize such action
without competitive bidding due to the shortness of time before the end of
the 2019 construction season, and such action is taken in accordance with
Section 3.04.140D.1 of the Livonia Code of Ordinances, as amended, 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 company and to do all other
things necessary or incidental to the full performance of this resolution.
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Regular Meeting Minutes of October 7, 2019
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#343-19 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated September 17, 2019, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, regarding
additional expenditure for the 2019 Sidewalk Program (Contract 19-G),
previously authorized in Council Resolution 96-19, adopted on March 25,
2019, and pavement improvements at various locations throughout the
Civic Center Campus, the Council does hereby authorize an additional
expenditure in the amount of $25,000.00 for the 2019 Sidewalk Program
(Contract 19-G), payable to Rotondo Construction Corp., 38807 Ann
Arbor Road, Suite 2, Livonia, Michigan 48150, for completing all work
required in connection with sidewalk and pavement improvements at
various locations throughout the Civic Center Campus; FURTHER, the
Council does hereby authorize an expenditure in an amount not to
exceed $25,000.00 from funds already budgeted in Account No: 401-000-
971-000 (Capital Outlay – City Hall Sidewalk) 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 the
City Engineer to authorize any increase in the not to exceed amount or to
contract with other parties; 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.1 and 3 of the Livonia Code of Ordinances, as
amended, due to the shortness of time before the end of the 2019
construction season and the fact that the unit pricing already achieved in
this transaction is less than could be achieved through competitive
bidding, 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 company and to
do all other things necessary or incidental to the full performance of this
resolution.
On a motion by Bahr, supported by Kritzman, and unanimously
adopted, it was:
#344-19 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.
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Regular Meeting Minutes of October 7, 2019
On a motion by Bahr, supported by Jolly, and unanimously adopted, it
was:
#345-19 RESOLVED, that having considered a communication from
the City Planning Commission, dated August 28, 2019, which transmits its
resolution #08-75-2019, adopted on August 27, 2019, with regard to
Petition 2019-06-06-01, submitted by the City Planning Commission,
pursuant to Council Resolution 163-19 and Section 23.01(a) of Zoning
Ordinance No. 543, as amended, proposing to amend Subsection 2 of
Section 2.10, (definition of “Bed and Breakfast Establishment”) of Article
II, to include residences marketed and offered for rent online by platforms
such as “Airbnb”, “VRBO”, “HomeAway” or other similar websites, and the
Council having conducted a public hearing with regard to this matter on
Wednesday, October 2, 2019, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation.
AUDIENCE COMMUNICATION None
On a motion by Jolly, supported by Bahr, and unanimously adopted, this
1,882nd Regular Meeting of the Council of the City of Livonia was adjourned at
7:57 p.m. on October 7, 2019.
_____________________
Susan M. Nash, City Clerk