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HomeMy WebLinkAbout2019-11-06 REVISED 11-13-19 41129 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND EIGHTY-FOURTH REGULAR MEETING OF NOVEMBER 6, 2019 On November 6, 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 Brian Meakin led the meeting in the Pledge Roll was called with the following result: Brian Meakin, Jim Jolly, Brandon Kritzman, Kathleen McIntyre (arrived 7:05 p.m.) and President Laura Toy. Absent: Scott Bahr, Cathy White. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy Priebe, Director of Legislative Affairs; Ted Davis, Superintendent of Parks and Recreation; and Dave Varga, Director of Administrative Services. On a motion by Meakin, supported by Jolly, it was: #358-19 RESOLVED, that the minutes of the 1,883rd Regular Meeting of Council held October 21, 2019 are approved as presented. A roll call vote was taken on the foregoing resolution with the following result: AYES: Meakin, Jolly, Kritzman and Toy NAYS: None The President declared the resolution adopted. Councilmember Meakin announced the sole October retiree, Justin DeFiore, Senior Fire Captain, who served the City for twenty-five years, and wished him well on his retirement. President Toy wished Sara Kasprowicz from the Council office a happy birthday th which was on November 4. 41130 Regular Meeting Minutes of November 6, 2019 Councilmember Kritzman presented a commendation to the Livonia Franklin Patriots Varsity Team for winning the 2019 City Championship. The Coach of the Patriots came to the podium and said on behalf of the entire team and Franklin School he thanked the Mayor and Council and stated they would continue to work hard and make the City proud. President Toy congratulated Councilmember Kathleen McIntyre on becoming the newly elected President of City Council, as well as Councilmember Scott Bahr on his re-election and new Councilmembers Brandon McCullough, Rob Donovic, along with Maureen Miller Brosnan, who is our new Mayor. Councilmember Meakin also congratulated Clerk Susie Nash and Treasurer Lynda Scheel on their re-elections. Councilmember McIntyre stated she is looking forward to serving with current President Laura Toy for the next two years. Clerk Susan Nash congratulated all of the candidates who ran in the City General Election and complimented them on the commitment that they made to the City of Livonia. It is a long process and people don’t realize how much candidates do put in and their families put in. She went on to say on the other side of the election is the working side, and she would be remiss if she did not thank the team in the Livonia City Clerk’s Office. Their hard work and dedication to this City was clearly shown on Election Day. It was a wonderful day and she couldn’t be prouder of her staff and the hard work they put in to make Election Day run smoothly. She also thanked the precinct workers, the members of the counting boards that process the absentee ballots at City Hall, it’s a long day and they do it and they do a wonderful job. Now that this election is over, the Clerk’s Office will start getting ready for the next one, the Presidential Primary will be in March of 2020. She reminded everyone if they are not on the permanent absentee application list and would like to be, please contact the Clerk’s Office and it is also on the City of Livonia website. The applications for that election will start going out at the end of December. President Toy stated that Mayor Wright is recovering in the hospital and all good wishes and prayers go out to him. President Toy announced there will be one public hearing being held on Monday, November 25, 2019 at 7:00 p.m. in the Auditorium at City Hall, 33000 Civic Center Drive, Livonia, on the following matter: 41131 Regular Meeting Minutes of November 6, 2019 Petition 2019-08-06-02 submitted by the City Planning Commission, pursuant to Council Resolution 293-19 and Section 23.01(a) of the Livonia Zoning Ordinance No. 543, as amended, proposing to amend Subsection 18.42A of Article XVIII which regulates wireless communication facilities by removing the governing of small cells and creating a new Section 18.42B, which would oversee the rules and technology of small cells. President Toy announced there is New Data on Items 11 and 14. During Audience Communication Eileen McDonnell, Council candidate, came to the podium to thank everyone for their support during the election process. She stated while working the polls on Election Day everyone was cordial. She then stated she would like to see additional items for attachments on the City’s website, that she thinks it would be beneficial for all the people in the community. She would also like Council to consider with their budget for next year to take the appropriation for funding, the revenue generated from Greenmead to be reinvested into that property. There are buildings there that need a lot of work and she feels the revenue from Greenmead should be reinvested into something useful and productive for the community. A communication from the Department of Finance, dated September 27, 2019, re: financial statements for the City of Livonia as of August 31, 2019, was received and placed on file for the information of the Council. On a motion by Jolly, supported by Kritzman, it was: #359-19 RESOLVED, that having considered the report and recommendation of the Office of the Mayor, dated October 10, 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 reappointment of Kathleen McIntyre, 14455 Fairway, Livonia, MI 48154, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2022. #360-19 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated October 2, 2019, approved for submission by the Mayor, the Council does hereby approve the Holiday Parade and Tree Lighting to be held on Sunday, December 8, 2019, beginning at 4:00 p.m.; Further, the Council does hereby approve the parade route as follows: Stark from Schoolcraft to Lyndon, Lyndon from Stark to Farmington, and Farmington from Lyndon to Five Mile Road 41132 Regular Meeting Minutes of November 6, 2019 FURTHER, the Council does hereby request that the Wayne County Department of Public Services allow the City of Livonia to close Farmington Road between the hours of 4:00 p.m. and 5:00 p.m. or until the road is returned to normal traffic operation; that the City of Livonia will assume liability for any damage claims which may arise as a result of the road closure, as to Wayne County only; and that Senior Police Officer Michael Arakelian is hereby designated and authorized to sign the road closure permit on behalf of the City of Livonia. #361-19 RESOLVED, that having considered a communication from the Director of Public Works and the Assistant Director of Public Service, dated October 8, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding the City’s Household Hazardous Waste and Electronic Waste Drop-Off Program for service years 2020 through 2023, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract, subject to approval as to form and substance by the Department of Law, with Environmental Recycling Group (ERG), 13040 Merriman Road, Suite 200, Livonia, MI 48150, to provide services for the 2020 through 2023 Household Hazardous Waste and E-Waste Drop-Off Program, at their location, with an option for the City to terminate the agreement after each year, in a total amount not to exceed $110,000.00 per year, the same having been the only bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $110,000.00 per year, based on the following pricing: Year Cost Per 100 pounds/waste 2020 $47.00 2021 $49.25 2022 $51.75 2023 $54.00 from funds already budgeted in Account No. 205-527-818-035 (Municipal Refuse Fund) for this purpose. #362-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Director of Public Service, dated October 3, 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 29 cases of Fourstar 180 Day Briquettes from Clarke Mosquito Control, 159 N. Garden Avenue, Roselle, Illinois 60172, for the 2020 Mosquito Treatment Program, in an amount not to exceed $19,836.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $19,836.00 from funds budgeted in the Municipal Refuse Fund (Account No. 205-526-805-010 - Pest Control) for this purpose; FURTHER, the 41133 Regular Meeting Minutes of November 6, 2019 Council does hereby authorize the purchase of said item without competitive bidding for the reasons indicated in the aforesaid communication, and such action is taken in accordance with Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. #363-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated October 7, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the bid of Alta Equipment, 13211 Merriman Road, Livonia, MI 48150, for the purchase of one (1) Hyster Model S40FTS Forklift, for a total amount not to exceed $24,434.80, the same having been the lowest qualified bid received which meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $24,434.80 from funds budgeted in Account No. 592-140-000 (Capital Outlay) for this purpose; FURTHER, the Council does hereby authorize the disposal of the replaced forklift at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new forklift. #364-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the City Engineer, dated October 14, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached a communication from OHM Advisors, dated October 14, 2019, enclosing a proposed amendment to the Qualification-Based Selection (QBS) contract between the City of Livonia and OHM Advisors, pursuant to Council Resolution 365-16, adopted on September 19, 2016, 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 Engineering Design Services, DWRF Contract Administration Services, and Soils Investigation Services associated with the 2020 Drinking Water Revolving Fund (DWRF) water main projects, in an amount not to exceed $547,000.00; FURTHER, the Council does hereby authorize an additional appropriation and expenditure in an amount not to exceed $547,000.00 ($505,000.00 for engineering design services, $20,000.00 for DWRF contract administration services; and $22,000.00 for soils investigation services) from the Unexpended Fund Balance of the Water and Sewer Fund (592) for this purpose. #365-19 RESOLVED, that having considered the report and recommendation of the City Engineer, dated October 9, 2019, which is approved by the Director of Public Works, approved as to form by the City Attorney and approved for submission by the Mayor, with regard to a request from Haggerty Square, LLC, in conjunction with the construction of an underground storm drainage system that provides adequate 41134 Regular Meeting Minutes of November 6, 2019 drainage for property developed at 19750 Haggerty Road, in the Northwest ¼ of Section 6, the Council does hereby determine as follows: 1. To accept on behalf of the City of Livonia, the jurisdiction and maintenance of the underground storm sewer within the property located on the east side of Haggerty Road, north of Seven Mile Road, in the N.W. ¼ of Section 6, for Haggerty Square Phase II, which accommodates storm water from property developed at 19750 Haggerty Road, with the maintenance agreement from the owner, Haggerty Square, LLC, 4036 Telegraph Road, Bloomfield Hills, Michigan 48320, attached to said report and recommendation, indicating a corporate commitment to maintain the system and reimburse the City for any maintenance the City performs; and 2. To authorize the Mayor and City Clerk to execute the Storm Water Facilities Maintenance Agreement on behalf of the City. #366-19 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 2019, approved for submission by the Mayor, which transmits its resolution #09-79-2019, adopted on October 8, 2019, with regard to Petition 2019-09-08-14, submitted by Livonia Medical Ventures L.L.C., to construct a canopy addition and renovate the exterior façade of the building located on the east side of Middlebelt Road between West Chicago and Plymouth Road (10982 Middlebelt Road) in the Northwest ¼ of Section 36, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2019-09-08-14 is hereby approved and granted, subject to the following conditions: 1. That the Engineering Site Plan identified as Sheet No. SP-2 dated September 19, 2019 prepared by Nowak & Fraus Engineers, is hereby approved and shall be adhered to; 2. That the site’s parking lot shall be repaired, resealed and restriped to the satisfaction of the Inspection Department. Parking spaces shall be doubled striped and measure ten feet (10’) in width by twenty feet (20’) in length; 3. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement 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 the enclosure gates shall be closed; 41135 Regular Meeting Minutes of November 6, 2019 4. That the Exterior Elevations Plan identified as Sheet Number A1 dated September 18, 2019 prepared by Alexander V. Bogaerts & Associates, is hereby approved and shall be adhered to; 5. That the exterior color scheme, as depicted in the rendering received by the Planning Commission on October 2, 2019; is hereby approved and shall be adhered to; 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 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; 8. That no LED light band or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 10. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year 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 resolutions with the following result: AYES: Meakin, McIntyre, Jolly, Kritzman and Toy NAYS: None The President declared the resolutions adopted. Jolly gave first reading to the following Ordinance: AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 2019-07-03-03) 41136 Regular Meeting Minutes of November 6, 2019 The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in the Office of the City Clerk and is the same as if word for word repeated herein. The above Ordinance was placed on the table for consideration at an upcoming Regular meeting. Meakin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 7 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 2019-01-01-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Meakin, Jolly, Kritzman, McIntyre and Toy NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. An email communication from Cheryl Petroskey, Office of the Mayor, dated October 31, 2019, re: reappointment of Andrew Lendrum to the Livonia Brownfield Redevelopment Authority, was received and placed on file for the information of the Council. On a motion by Kritzman, supported by and unanimously adopted, it was: #367-19 RESOLVED, that having considered the report and recommendation of the Office of the Mayor, dated October 10, 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 reappointment of Andrew Lendrum, 19706 Osmus, Livonia, MI 48152, to the Livonia Brownfield Redevelopment Authority for a term of three years, which will expire on November 24, 2022. 41137 Regular Meeting Minutes of November 6, 2019 Councilmember McIntyre stepped down from the dais to avoid any perceived conflict of interest. On a motion by Jolly, supported by Meakin, and unanimously adopted, it was: #368-19 RESOLVED, that having considered a communication from the Human Resources Director, dated October 2, 2019, which bears the signature of the Finance Director and is approved for submission by the Mayor, and which sets forth resolution no. 19-142, adopted by the Civil Service Commission on September 25, 2019, wherein it is recommended to approve job level and classification adjustments, as well as wage increases, in accordance with the State of Michigan minimum wage increase, for various Recreation Center jobs, the Council does hereby concur in and approve the recommendation of the Civil Service Commission regarding those changes to be effective January 1, 2020 through December 31, 2022, as outlined in the aforementioned communication and attachments thereto. Councilmember McIntyre returned to the dais. On a motion by Meakin, supported by Jolly, and unanimously adopted, it was: #369-19 RESOLVED, that having considered the report and recommendation of the Director of Public Works and the Assistant Director of Public Works, dated October 8, 2019, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding an additional expenditure in connection with the City’s three year contract extension with RCI Electric (formerly MAS Electrical Services), 31164 Eight Mile Road, Farmington Hills, MI 48336, for the period April 1, 2018 through March 31, 2021, pursuant to Council Resolution #127-18, adopted on April 9, 2018, to amend the annual expenditure for 2019, only, to an amount not to exceed $275,000.00, due to the unexpected need for contracted services for electrical-related issues, the Council does hereby authorize an additional expenditure increasing the total contract amount for Fiscal Year 2018-2019, only, to $275,000.00, such additional amount being payable to RCI Electric, 31164 Eight Mile Road, Farmington Hills, MI 48336, for completing all work required in connection with the maintenance and repairs of Citywide electrical services for fiscal year 2018-2019, only; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed 41138 Regular Meeting Minutes of November 6, 2019 $275,000.00 from funds already budgeted in Account No: 101-447-818- 020 (Contractual Services Maintenance/Bldg Maintenance) for this purpose. A communication from Trey Brice, Jaffe, Raitt, Heuer & Weiss, dated October 29, 2019 requesting an appearance before the Committee of the Whole, re: Extension of Waiver Use Approval Petition 2018-04-02-10, was received and placed on file for the information of the Council. On a motion by Jolly, supported by Kritzman, it was: #370-19 RESOLVED, that having considered a communication from the City Planning Commission, dated October 9, 2019, approved for submission by the Mayor, which sets forth its resolution #09-80-2019, adopted on October 8, 2019, with regard to a request from Trey Brice of Jaffe, Raitt, Heuer & Weiss, dated September 11, 2019, for an additional one-year extension of the waiver use approval of Petition 2018-04-02-10, submitted by Feldman Automotive, Inc., previously approved in Council Resolution #355-18, adopted on October 1, 2018, to construct and operate a used auto dealership with outdoor display of vehicles (Feldman Pre-Owned Superstore) on property located on the north side of Plymouth Road between Farmington and Stark Road (33850 Plymouth Road), in the Southeast ¼ of Section 28, and a communication from Trey Brice, Jaffe, Raitt, Heuer & Weiss, dated October 29, 2019, requesting an appearance before the Committee of the Whole, with respect to this item, the Council does hereby refer this item to the Committee of the Whole for its report and recommendation. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, Kritzman, McIntyre and Toy NAYS: Meakin The President declared the resolution adopted. 41139 Regular Meeting Minutes of November 6, 2019 On a motion by Jolly, supported by McIntyre and unanimously adopted, it was: #371-19 RESOLVED, that having considered the request of Council Vice President Jim Jolly, at the Study Meeting held October 21, 2019, regarding the subject matter of meeting agenda information being available on the City website for public viewing, the Council does hereby refer this item to the Committee of the Whole to explore ways that information can be made available to the City’s residents prior to the meetings. On a motion by Kritzman, supported by Jolly, and unanimously adopted, it was: #372-19 RESOLVED, that having considered a communication from the Department of Law, dated October 16, 2019, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by Jordan Jonna, Manager, Haggerty Square, LLC, a Michigan limited liability company, for a twelve (12) foot wide public utility easement in connection with the construction of a water main at the subject location in the Northwest 1/4 of Section 6, more particularly described as: 12-Foot Wide Public Water Main Easement Land situated in the City of Livonia, County of Wayne, Michigan described as: Commencing at the West ¼ Corner of Section 6, Town 1 South, Range 9 East; thence North 89 degrees 21 minutes 58 seconds East 60.00 feet; thence South 00 degrees 00 minutes 44 seconds West 543.07 feet; thence North 89 degrees 21 minutes 58 seconds East 287.88 feet; thence North 00 degrees 21 minutes 49 seconds West 7.00 feet to the Point of Beginning of a 12 foot wide water main easement; thence North 89 degrees 21 minutes 25 seconds East 5.03 feet; thence North 44 degrees 21 minutes 58 seconds East 70.39 feet to Point A; thence North 44 degrees 21 minutes 58 seconds East 37.18 feet; thence South 89 degrees 59 minutes 09 seconds East 409.64 feet; thence North 45 degrees 00 minutes 51 seconds East 7.35 feet to Point B; thence North 45 degrees 00 minutes 51 seconds East 16.67 feet; thence North 00 degrees 00 minutes 51 seconds East 340.35 feet; thence North 44 degrees 59 minutes 09 seconds West 13.54 feet to Point C; thence North 44 degrees 59 minutes 09 seconds West 5.78 feet; South 89 degrees 59 minutes 34 seconds West 237.77 feet to Point D; thence South 89 degrees 59 minutes 34 seconds West 202.05 feet; thence North 44 degrees 49 41140 Regular Meeting Minutes of November 6, 2019 minutes 21 seconds West 12.87 feet to Point E; thence North 44 degrees 49 minutes 21 seconds West 58.30 feet to the Point of Ending; thence from Point A North 45 degrees 38 minutes 02 seconds West 14.22 feet; thence from Point B South 44 degrees 59 minutes 09 seconds East 29.57 feet; thence from Point C North 45 degrees 00 minutes 51 seconds East 20.96 feet; thence from Point D South 00 degrees 00 minutes 26 seconds East 114.43 feet; thence from Point E North 45 degrees 10 minutes 39 seconds East 11.00 feet. 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 Meakin, supported by Jolly, and unanimously adopted, this 1,884th Regular Meeting of the Council of the City of Livonia was adjourned at 7:24 p.m. on November 6, 2019. _____________________ Susan M. Nash, City Clerk