Loading...
HomeMy WebLinkAbout2020-02-24 41233 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETY-FIRST REGULAR MEETING OF FEBRUARY 24, 2020 On February 24, 2020, the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President Kathleen McIntyre at 7:00 p.m. Councilmember Jim Jolly led the meeting in the Pledge. Roll was called with the following result: Jim Jolly, Laura Toy, Scott Bahr, Cathy White, Brandon McCullough, Rob Donovic and President Kathleen McIntyre. 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; and Dave Varga, Director of Administrative Services. On a motion by Toy, supported by Jolly, and unanimously adopted, it was: #43-20 RESOLVED, that the minutes of the 1,890th Regular Meeting of Council held February 10, 2020 are approved as presented. President McIntyre announced there will be one X-Item at the end of the meeting and that there is New Data on Agenda Items 27 and 28. President McIntyre stated that on behalf of the Council and many in the City, she’d like to offer deepest condolences to Councilmember Laura Toy on the sad th passing of her beloved father Glen Toy on the 20 of February. Glen was 92 years of age, he served Livonia proudly in many capacities. One of the things that he was proudest of, for which we owe him a huge debt of gratitude, he served on the Livonia Police Department where he held Badge No. 6 and he went on to be the Chief of Probation over at the Court and he also worked two jobs throughout most of his career, as a store detective, a detective at DRC, anything 41234 Regular Meeting Minutes of February 24, 2020 that he could do to support his family. He was widowed about a year and a half ago at which time he moved in with Laura to her lovely home in Livonia and he became a wonderful fixture but he wasn’t really a fixture because he was very lively. But at all of our events, the Senior Center, wherever Laura was, wherever there were people you would find Glen. And he was always smiling, he was always happy, and he was always delighted to be with Laura who made sure that he had everything he needed but it was really a privilege, Laura, for us to get to know him. He is survived not only by Laura but by her sister Carol, her brother Bruce, and her niece and nephew. There will be visitation for Mr. Toy on th Tuesday, February 25, at R.G. and G. R. Harris Funeral Home on Farmington from 2:00 p.m. until 9:00 p.m., with a brief memorial service at 7:00 p.m. She then called for a moment of silence in his honor. Clerk Susan M. Nash stated she wanted to remind everyone that the Presidential th Primary is two weeks away on March 10. The City Clerk’s office will be open th on Saturday, March 7, from 8:30 a.m. to 4:30 p.m., we will be here issuing ballots. If anyone needs an absentee ballot, you can come on in that day, we will be here all day. You may register to vote, with the new laws now you can th register to vote up until and through Election Day. But as of February 25, 2020 you have to register to vote in the Clerk’s Office if you wish to vote in this Primary. So if you wish to vote in this Primary and you live in Livonia, please come to our office, we’ll be here every day, 8:30 a.m. to 5:00 p.m., and then on Saturday the th 7, we will be here from 8:30 a.m. until 4:30 p.m. and we’ll gladly get you registered and if at that time if you want an absentee ballot, we can take care of th that, too. Again, the polls open at 7:00 a.m. on the 10 and they close at 8:00 p.m. During Audience Communication new Wayne County Commissioner David Knezek came to the podium. He introduced himself and stated he is the new th Wayne County Commissioner for the 8 District. This includes the municipalities of Redford Township, my hometown of Dearborn Heights, and three square miles of the City of Livonia. We start at Inkster, go west to Middlebelt at Joy Road all the way up to Five Mile. In terms of his own personal background and how he got to where he’s at today, again, Commissioner Diane Webb accepted an appointment to be the new Superintendent of Redford Township and had to resign her seat on the County Commission and then the fourteen members of the Board appointed me unanimously to fill her seat. In a previous life I’ve served as a State Senator, a State Representative, a United States Marine. I currently serve for the Michigan Department of Attorney General and again, I’m incredibly honored and humbled to have been asked by Diane to step into her role and try to fill her shoes. I’d be remiss if I didn’t acknowledge her eleven years of service to our community on the Wayne County Board of Commissioners. Everywhere I go it feels like somebody is telling me the incredibly high bar that Diane has set for public service and so I look forward to working very hard to try and meet her expectations. As it relates to services, again, in every capacity that I’ve served in elected office and now in an appointed capacity, we want to make sure we’re maintaining strong accountability and accessibility as a public servant. So, 41235 Regular Meeting Minutes of February 24, 2020 stepping into this role, I plan on maintaining that approach, the public service part of me, and maintaining a high level of constituent services as well. So, if I could just briefly share, for those in the audience or those that are watching at home, the phone number if you need to get in touch with me or a member of my office, is 313-224-0930. I look forward to establishing ways to improve communications, not just with the elected officials in our community but with the residents themselves. I like to joke that I previously represented a part of the City of Livonia from 2013-2014, when I was in the Michigan House of Representatives. I had one square mile of Livonia at that time and now I have three square miles, and so if you’ll give me a couple of years then I might have the whole thing. He stated he is very happy to be here and very honored by the opportunity. I’ll just very briefly before I open up to any questions that you might have echo the comments of Clerk Nash about our upcoming election on March th 10. Frankly, I don’t much care who you vote for, I simply ask that you participate in our election. One of the great cornerstones of our democracy is our ability to participate in free and open elections. So I would ask that you go into the ballot box, select your preferred candidate for President, but I would also ask you to consider that we are going to have a County-wide millage that’s on that March th 10 ballot as well. We will have the opportunity to go and approve an extension of the operating millage for the DIA that we had recently adopted in years past. I know personally, I’ve had the opportunity to interact with the DIA with the students in my district, with the seniors in my district, they do phenomenal programming, not just downtown but also through their Inside/Out Program that brings art here and into our community. This is a program that I fully endorse and would ask that you consider supporting our DIA and the great work that they do for our community as well. So, with that being said, Madam President, I will stop talking and would be happy to entertain any questions that you or any members of the Council have. Councilmember Donovic stated that Commissioner Knezek has been a good friend of his for many years and he’s really thankful that he is in the position and welcome to a bigger part of Livonia and he’s looking forward to, and he knows that the City is looking forward to working with him. Knezek thanked Council for their time. President McIntyre thanked Knezek as well and thanked him for taking the time to come to tonight’s meeting and introduce yourself to the community. On a motion by White, supported by McCullough, it was: #44-20 RESOLVED, that having considered a communication from Davide Piccirilli, dated January 23, 2020, which requests permission to waive Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as amended, in order to host a graduation party, with music to end at midnight, at his home located at 18891 Aspen Drive, scheduled for Friday, June 19, 2020, the Council does hereby determine to waive 41236 Regular Meeting Minutes of February 24, 2020 Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances until midnight in connection with this event to be held on Friday, June 19, 2020. #45-20 RESOLVED, that having considered a communication from the Mayor, dated January 28, 2020, wherein she has requested approval of the appointment of Patrick G. Mies, Ph.D., 9612 Berwick, Livonia, Michigan 48150, to the Plymouth Road Development Authority, as a representative of other local units of government which levy taxes against property located within the District, representing Livonia Public Schools for a four-year term which shall expire on May 16, 2024, pursuant to Section 3.16.060 of the Livonia Code of Ordinances, as amended, and Act No. 197 of the Public Acts of Michigan of 1975, MCL 125.1651, et seq, as amended, the Council does hereby confirm and approve such appointment provided that Mr. Mies takes the oath of office as required in Section 2, Chapter X of the City Charter, to be administered by the Office of the City Clerk. #46-20 RESOLVED, that having considered the report and recommendation of the Director of the Housing Commission, dated January 16, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, and to which is attached a report containing an explanation of the 2020-2021 Community Development Block Grant (CDBG) Program and Budget, the Council does hereby take this means to indicate its informal approval of the proposed program and tentative budget and does further authorize the Housing Commission to conduct a second public hearing on this matter for public comment and to thereafter prepare a final program and budget for submission to the City Council. #47-20 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 30, 2020, approved for submission by the Mayor, to which is attached recommended final budget adjustments required for the Fiscal Year 2019 budget, the Council does hereby authorize said budget adjustments and transfers in the manner and form set forth in the attachment. #48-20 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 29, 2020, approved for submission by the Mayor, with regard to quotes received for life insurance, accidental death and dismemberment coverage as set forth in the list and tabulation attached to the aforesaid communication, the Council does hereby accept the quoted price of One America, One American Square, Indianapolis, IN 46282, to provide insurance at the rate of $0.335 (life insurance) and $0.025 (Accidental Death and Dismemberment) per $1,000 payroll per month, or approximately $168,500.00 per year, for three years, the same having been in fact the lowest quote received; FURTHER, the Council does hereby authorize an 41237 Regular Meeting Minutes of February 24, 2020 agreement between the City of Livonia and One America to buy Life and Accidental Death and Dismemberment insurance coverage at these rates for a three year period from March 1, 2020 to February 28, 2023; FURTHER, the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract, approved as to form and substance by the Department of Law, with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #49-20 RESOLVED, that having considered the report and recommendation of the Fire Chief, dated January 28, 2020, 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 four (4) 2020 Ford F150 Responder Super Crew 4X4 Pickup Trucks at a cost of $37,110.00 each, for a total amount not to exceed $148,440.00, from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867, to replace current frontline vehicles and add versatility and safety to the fleet, while enhancing response capabilities, 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 #21-18, 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 vehicles at public auction hosted by the Michigan Inter-governmental Trade Network (MITN) or commercial auction after receipt of the new vehicles. #50-20 RESOLVED, that having considered a communication from the Fire Chief, dated January 28, 2020, 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) 2020 Life Line Type-1 Superliner Ambulance on a 2020 Ford F-450 XLT Chassis, from R & R Fire Truck Repair Inc., 751 Doheny Drive, Northville, MI 48167, for a total amount not to exceed $223,457.00, to replace the current Frontline Squad 3 which is a 2014 model with 78,166 miles which will be downgraded to reserve squad status; and with the potential to trade-in a 2006 Freightliner Ambulance that is no longer in proper working order for emergency response; FURTHER, an amount not to exceed $223,457.00 is hereby authorized 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 authorize said purchase without competitive bidding inasmuch as the same is being purchased through the Houston-Galveston Area Council (HGAC-Buy) cooperative purchasing consortium, pursuant to Council Resolution 61-17, adopted on February 27, 2017, and such action is taken in accordance with the 41238 Regular Meeting Minutes of February 24, 2020 provisions set forth in Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended. #51-20 RESOLVED, that having considered a communication from the Fire Chief, dated January 28, 2020, 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) power load cot fastening system from Stryker Medical, 3800 E. Center Avenue, Portage, MI 49002, to add to the Department’s existing fleet of compatible Stryker Ambulance Cots, in a total amount not to exceed $29,580.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $29,580.00 from funds already budgeted in Account No. 101-338- 979-000 (Capital Outlay-Fire Equipment) for this purpose; FURTHER, the Council does hereby determine to authorize the said purchase without competitive bidding inasmuch as Stryker Medical is the sole authorized dealer of Power Load Cot Fastening Systems for compatibility with the department’s existing fleet of Stryker ambulance cots and no advantage to the City would result from competitive bidding, and such action is taken in accordance with the provisions set forth in Section 3.04.140.D.3 of the Livonia Code of Ordinances, as amended. #52-20 RESOLVED, that having considered a communication from the Director of Public Works, dated January 29, 2020, 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 November 21, 2019, and a proposed contract amendment to the Consultant Services contract between the City of Livonia and OHM Advisors, previously approved in Council Resolution 269-18, adopted on July 23, 2018, in connection with the Bennett Library Fresh Air Intake Room Repairs, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute a contract amendment between the City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, MI 48150, to provide professional consultant services in connection with the Bennett Library Fresh Air Intake Room repairs, as described in their November 19, 2019 proposal, in an amount not to exceed $24,000.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $24,000.00, from funds budgeted in Account No. 401-000-976-000 for this purpose; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute the attached contract amendment, subject to approval as to form and substance by the Department of Law, between the City of Livonia and OHM Advisors, and to do all other things necessary or incidental to the full performance of this resolution. #53-20 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 29, 2020, which bears the signature of the Director of Finance and is approved for 41239 Regular Meeting Minutes of February 24, 2020 submission by the Mayor, the Council does hereby accept the bid of North American Construction Enterprises, LLC, 22920 Industrial Drive East, St. Clair Shores, MI 48080 to perform all work required in connection with the Bennett Library Fresh Air Intake Room repairs, in an amount not to exceed $367,500.00, the same having been the lowest bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $367,500.00, from funds budgeted in Account No.: 401-000-976-000 for this purpose; 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 and to do all other things necessary or incidental to the full performance of this resolution. #54-20 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works and the Director of Public Works, dated January 21, 2020, 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 Crimboli Nursery, Inc., 50145 Ford Road, Canton, MI 48187, for completing all work required in connection with the City’s 2020 Street Tree Planting Program for an estimated total cost of $113,960.00, 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 second lowest bid received which meets all specifications; FURTHER, the Council does hereby reject the bid submitted by Greg Davis Landscape due to continued issues with their performance, invoicing problems, workmanship, timeliness, product quality, supply of trees, and increased costs due to change orders; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $113,960.00 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 first lowest bidder, Greg Davis Landscape Services, 471 Renaud, Grosse Pointe, MI 48236 to supply those species for the City’s 2020 Street Tree Planting Program for an estimated total cost not to exceed $105,600.00; 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 #55-20 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works and the Director of Public Works, dated January 21, 2020, 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 J-Mac Tree & 41240 Regular Meeting Minutes of February 24, 2020 Debris LLC, 29155 Northwestern Hwy., Suite 651, Southfield, MI 48034 for performing all work required in connection with the City’s 2020 and 2021 Tree and Stump Removal Program for an estimated total cost not to exceed $552,436.70, said estimated cost and unit prices having been in fact the lowest qualified bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $552,436.70 from funds budgeted in Account No. 205-527-818-045 (Refuse – Contractual Service Forestry) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, 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. #56-20 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works and the Director of Public Works, dated January 29, 2020, 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 Urban Landscapes, 768 Pinecrest, Ferndale, MI 48220, for completing all work required in connection with the City’s 2020-2023 Municipal Park Mowing Program, for a total amount not to exceed $125,875.64 per year, the same having been in fact the lowest bid received and meets all specifications; FURTHER, in the event the lowest bidder is unable to perform the services, the Council does hereby accept the bid of Green Meadows, 2359 Avon Industrial Drive, Rochester Hills, MI 48309 as an alternate for completing all work required for the City’s 2020-2023 Municipal Park Mowing Program at a cost not to exceed $175,846.40 per year; FURTHER, the Council does hereby authorize the expenditure of the foregoing amounts from funds budgeted in Account No. 101-704-818-015 (Parks Maintenance Fund) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary but this authorization does not entitle the Director of Public Works 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 to execute a contract, which is approved 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. #57-20 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works and the Director of Public Works, dated January 29, 2020, 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 Techseven Co., 5555 22 Mile Road, Shelby Twp., MI 48318, for completing all work required in 41241 Regular Meeting Minutes of February 24, 2020 connection with the replacement and installation of a new irrigation system at designated locations within the Civic Center Complex, for a total amount not to exceed $82,525.00, the same having been in fact the lowest qualified bid received and meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $82,525.00 from funds already budgeted in the 2019-2020 Capital Outlay Fund (Account No. 401-000-974-000) 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. #58-20 RESOLVED, that having considered the report and recommendation of the Assistant Director of Public Works and the Director of Public Works, dated January 29, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the following low bids which meet specifications for supplying the Public Service Division (Road Maintenance Section) with aggregate materials specified at the unit prices bid for the 2020 calendar year requirements: Primary Alternate ITEM Supplier $/Ton Supplier $/Ton M.D.O.T. – 21AA – Limestone – D.T.Y. Osburn $15.25 Farmer $15.28 M.D.O.T. – 22A – D.T.Y. Osburn $15.50 Farmer $15.63 M.D.O.T. - Class I - D.T.Y. Farmer $16.58 Osburn $17.00 M.D.O.T. - Class II – D.T.Y. Farmer $9.10 Osburn $9.40 M.D.O.T. – 2NS – Natural Sand – D.T.Y. Superior $15.37 Farmer $15.38 M.D.O.T. – 2MS – Mortar Sand – D.T.Y. Farmer $12.72 Osburn $17.00 M.D.O.T. 60-40 Washed-Conc. Aggregates-D.T.Y. Osburn $17.25 Farmer $18.08 1” to 3” Crushed Concrete – D.T.Y. Farmer $13.27 Osburn $17.00 M.D.O.T. - 6A Natural Stone - D.T.Y. Osburn $17.25 Farmer $17.38 Ag-Lime – “Parks” - D.T.Y. Farmer $17.98 Osburn $20.00 FURTHER, the Council does hereby authorize the expenditure of funds already budgeted from Account No. 101-463-782-000 (Roads Maintenance Section) for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the material as it becomes necessary. #59-20 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 23, 2020, 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 repair of sidewalks in the City of Livonia pursuant to the 2018 and 2019 41242 Regular Meeting Minutes of February 24, 2020 Sidewalk Program, Contracts 18-G and 19-G, at the locations and in the amounts indicated in the attachment to the aforesaid communication (the “Attachment”), which work was done pursuant to Council Resolution 102- 18, adopted on March 26, 2018 and Council Resolution 96-19, adopted on March 25, 2019, and in accordance with the provisions of Section 340 of Title 12, Chapter 4 of the Livonia Code of Ordinances, as amended, the City Treasurer is hereby directed to send a statement of charges to all property owners in the amounts listed in the Attachment in accordance with Section 150 of Title 3, Chapter 8 of the Livonia Code of Ordinances, as amended, and the Council does hereby establish the evening of Monday, June 22, 2020, at 7:00 p.m., at the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and place when the Council shall meet for the purpose of adopting a resolution placing a special assessment upon said property for such charges unless the same are paid prior to the date of such meeting; and the City Clerk and City Treasurer are hereby requested to do all things necessary or incidental to the full performance of this resolution. #60-20 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 31, 2020, 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 NYX, Inc., a Michigan corporation, in conjunction with the construction of a storm drainage system that provides adequate drainage for property developed at 38900 Plymouth Road, in Livonia, Michigan (Building Addition #2), the Council does hereby determine as follows: 1. To accept on behalf of the City of Livonia, the jurisdiction and maintenance of the storm sewer within the property located on north side of Plymouth Road, east of Eckles Road, in the S.W. ¼ of Section 30, for the development of NYX, Inc. (Building Addition #2), which accommodates storm water from property developed at 38900 Plymouth Road, Livonia, Michigan (see maintenance agreement from the owner, Plymouth Properties, a Michigan limited liability company, 36111 Schoolcraft Road, Livonia, Michigan 48150, attached to said report and recommendation, indicating a corporate willingness 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. #61-20 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 10, 2020, 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 Woodhaven Retirement Community, a Michigan corporation, 41243 Regular Meeting Minutes of February 24, 2020 in conjunction with the construction of a storm drainage system that provides adequate drainage from property developed at 29667 Wentworth Avenue, Livonia, Michigan, the Council does hereby determine as follows: 1. To accept on behalf of the City of Livonia, the jurisdiction and maintenance of the storm sewer within the property located on the south side of Wentworth Avenue, west of Five Mile Road, in the S.E ¼ of Section 14, for the development of Woodhaven Retirement Community, which accommodates storm water from property developed at 29667 Wentworth Avenue (see maintenance agreement from the owner, Woodhaven Retirement Community, a Michigan corporation, 29667 Wentworth Avenue, Livonia, Michigan 48154, attached to said report and recommendation, indicating a corporate willingness 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. #62-20 RESOLVED, that having considered a communication from the City Engineer, dated January 29, 2020, approved by the Director of Public Works and the City Attorney, and approved for submission by the Mayor, to which is attached a communication from Michael D. Peterson, P.E., Principal, Nowak & Fraus Engineers, dated June January 21, 2020, wherein a request is submitted to vacate the water main easement within Woodhaven Retirement Community, located at 29667 Wentworth Avenue, the Council does hereby refer this item to the City Planning Commission for action and recommendation in accordance with provisions of Law and City Ordinance. #63-20 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 30, 2020, which bears the signature of the Director of Public Works, and is approved for submission by the Mayor, the Council does hereby authorize the release to Washington Park Development, LLC, 42400 Grand River Avenue, Suite 112, Novi, Michigan 48375, the proprietor of Washington Park Site Condominiums, located at the southwest corner of Hix and Ann Arbor Roads (former Washington Elementary School site), in the Southwest ¼ of Section 31, the financial assurances previously deposited pursuant to Council Resolution 436-16, adopted on November 14, 2016, and Council Resolution 424-18, adopted on December 3, 2018, specifically: a) Sidewalk $10,000.00 (all cash) b) Entrance and Landscape Markers $ 7,500.00 (all cash) c) Monuments and Markers $ 1,500.00 (all cash) 41244 Regular Meeting Minutes of February 24, 2020 FURTHER, all other financial assurances now on deposit with the City, if any, with respect to this subdivision shall remain the same and unchanged; and the action herein being taken is for the reasons indicated in the aforementioned report of the City Engineer that all these improvements have been satisfactorily installed in accordance with the rules and regulations and ordinances of the City of Livonia. #64-20 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 2020, approved for submission by the Mayor, which sets forth its resolution no. 01-11-2020, adopted on January 28, 2020, with regard to a request on behalf of the owners from Benedetto Tiseo, FAIA, NCARB, President, Tiseo Architects, Inc., dated January 6, 2020, for a one-year extension of the approval of Petition 2017-09-02-12, previously granted in Council Resolution Nos. 413-17 and 414-17, adopted on December 18, 2017, in connection with a proposal to develop and operate an outdoor storage yard for recreational equipment on property located on the east side of Merriman Road between Plymouth Road and the CSX railroad right-of-way (12330 Merriman Road) in the Southwest ¼ of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a one-year period, subject to compliance with all of the conditions set forth in the waiver use approval. #65-20 RESOLVED, that having considered a communication from the City Planning Commission, dated January 29, 2020, approved for submission by the Mayor, which sets forth its resolution no. 01-12-2020, adopted on January 28, 2020, with regard to a request on behalf of the owners from Benedetto Tiseo, FAIA, NCARB, President, Tiseo Architects, Inc., dated January 6, 2020, for a one-year extension of the approval of Petition 2017-09-02-13, previously granted in Council Resolution Nos. 415-17 and 416-17, adopted on December 18, 2017, in connection with a proposal to develop and operate an outdoor storage yard for special trade contractors on property located on the east side of Merriman Road between Plymouth Road and the CSX railroad right-of-way (12330 Merriman Road) in the Southwest ¼ of Section 26, the Council does hereby concur in the recommendation of the Planning Commission and does hereby grant the requested extension for a one-year period, subject to compliance with all of the conditions set forth in the waiver use approval. A communication from the City Planning Commission, dated February 20, 2020, re: Petition 2019-12-02-16, was received and placed on file for the information of the Council. 41245 Regular Meeting Minutes of February 24, 2020 #66-20 RESOLVED, that having considered a communication from the City Planning Commission, dated January 15, 2020, approved for submission by the Mayor, which transmits its resolution #01-08-2020, adopted on January 14, 2020, with regard to Petition 2019-12-02-16 submitted by Center Management Services, Inc., to operate a full-service restaurant (Chipotle Mexican Grill) on property located on the northeast corner of Middlebelt and Schoolcraft Roads (13900 Middlebelt Road) in the Southwest ¼ of Section 24, the Council does hereby concur in the recommendation made by the City Planning Commission and Petition 2019-12-02-16 is hereby approved and granted, subject to the following conditions: 1. That the Site Plan identified as SP dated January 6, 2020 prepared by Desine Inc., is hereby approved and shall be adhered to. 2. That the Petitioner provide the City with appropriate documentation verifying the existence of a cross parking and cross access agreement between the ALDI store and the retail building. 3. That the Landscape Plan identified as L-1 dated January 3, 2020, as revised, prepared by Vert Verde Landscape Architecture, is hereby approved and shall be adhered to. 4. That the maximum number of customer seats shall not exceed a total of forty-four (44) interior seats and twelve (12) outdoor patio seats. 5. That no advertising shall be permitted on any of the seating or table apparatus within the outdoor patio area. 6. 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. 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 lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows. 9. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy. 41246 Regular Meeting Minutes of February 24, 2020 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. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Jolly, Toy, Bahr, White, McCullough, Donovic and McIntyre NAYS: None The President declared the resolutions adopted. A communication received from Travis Greer, GMAR Director of REALTOR and Community Affairs regarding GMAR’s Recommendation on Short-Term Rental Regulation, was received and placed on file for the information of the Council. President McIntyre, as Chair of the Committee of the Whole, reported out on the meeting of Monday, February 5, 2020. a. 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. (CR 345-19 and CR 30-19) On a motion by Bahr, supported by Jolly, and unanimously adopted, it was: #67-20 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 5, 2020, submitted pursuant to Council Resolution Nos. 345-19 and 30-19, and further having considered a communication from Travis Greer, GMAR Director of REALTOR® and Community Affairs regarding GMAR’s Recommendation on Short-Term Rental Regulation, with regard to Petition 2019-06-06-01, submitted by the City Planning Commission, 41247 Regular Meeting Minutes of February 24, 2020 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, the Council does hereby refer this matter to the Department of Law to 1) prepare an amendment to the Livonia Code of Ordinances to include short term rentals aggregating more than twelve (12) days per calendar year in the existing provisions of Chapter 42 of Title 5, pertaining to rental dwellings, and to require a verified log of guests occupying each short term rental; 2) prepare an amendment to the Zoning Ordinance excluding short term rentals from regulations pertaining to bed and breakfast establishments in the existing provisions of Article IV, Section 4.03(G) of Ordinance #543, as amended, and referring the reader to the regulations in Chapter 42 of Title 5 described above, and 3) recommend possible Ordinance Amendments dealing with nuisance claims regarding short term rentals. This Item will remain in Committee. White took from the table, for Second Reading and adoption, the following Ordinance: AN ORDINANCE AMENDING CHAPTER 88 (SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 21) OF TITLE 9 OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, Toy, Bahr, White, McCullough, Donovic and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Bahr took from the table, for Second Reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 010 OF TITLE 12, CHAPTER 16 (PARKS AND PLAYGROUNDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. 41248 Regular Meeting Minutes of February 24, 2020 A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, Toy, Bahr, White, McCullough, Donovic and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Jolly took from the table, for Second Reading and adoption, the following Ordinance: AN ORDINANCE ADDING CHAPTER 01 (OPEN MEETINGS ACT COMPLIANCE) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, Toy, Bahr, White, McCullough, Donovic and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. On a motion by Bahr, supported by Toy, and unanimously adopted, it was: #68-20 RESOLVED, that upon the motion by Councilmember Scott Bahr, seconded by Councilmember Laura Toy, at the Regular Meeting held February 24, 2020, the Council does hereby refer the subject matter of appropriate rules and regulations, with respect to this item, to a future study meeting for further review. A communication from Lynda Scheel, Treasurer, dated February 19, 2020, re: past due real property taxes for 29550 Wentworth, was received and placed on file for the information of the Council. 41249 Regular Meeting Minutes of February 24, 2020 On a motion by Toy, supported by Bahr, it was: RESOLVED, that having considered a communication from the City Engineer, dated January 29, 2020, approved for submission by the Mayor, to which is attached a letter from Raymond Hurley, dated January 26, 2020, requesting a waiver of the sidewalk requirement in front of the single-family home located at 29550 Wentworth, in the S.E. ¼ of Section 14, the Council does hereby approve this request inasmuch as omitting the sidewalk on the subject property would have no detrimental effect upon the neighboring properties at this time due to relative lack of other public sidewalks existing within the neighboring area; FURTHER, the Council does hereby reserve the right to require sidewalks at this location in the event that additional sidewalks are installed in this area at some future date. Following discussion by Council and the City Treasurer, Toy withdrew her motion, and Bahr withdrew his support of the motion. On a motion by Bahr, supported by Toy, and unanimously adopted, it was: #69-20 RESOLVED, that having considered a communication from the City Engineer, dated January 29, 2020, approved for submission by the Mayor, to which is attached a letter from Raymond Hurley, dated January 26, 2020, requesting a waiver of the sidewalk requirement in front of the single-family home located at 29550 Wentworth, in the S.E. ¼ of Section 14, the Council does hereby direct that this item be placed on the agenda for the next regular meeting of March 11, 2020. A communication from Lynda Scheel, City Treasurer, dated February 19, 2020, re: Past Due Personal Property Taxes for 33600 Seven Mile Road, was received and placed on file for the information of the Council. On a motion by White, supported by Jolly, and unanimously adopted, it was: #70-20 RESOLVED, that having considered a communication from Renis Nushaj, Esq., Goetz Nushaj, P.L.L.C., dated January 15, 2020, on behalf of Jennifer Hsien Lee of T’s Wellness Massage, LLC, wherein a request is submitted to transfer the waiver use approval which was 41250 Regular Meeting Minutes of February 24, 2020 granted in response to Petition 2009-11-02-16, submitted by Tomii Chinese Accupressure, which petition was approved by City Council on February 10, 2010, pursuant to Council Resolutions 53-10 and 243-17, to operate a massage establishment on property located on the north side of Seven Mile Road, between Farmington Road and Norwich Road (33600 Seven Mile Road), the Council does hereby direct that this item be placed on the agenda for the next Regular Meeting of March 11, 2020. On a motion by Jolly, supported by Toy, and unanimously adopted, it was: #71-20 RESOLVED, that having considered the report and recommendation from the Superintendent of the Department of Parks and Recreation, dated January 24, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, regarding a proposed increase in green fees for all City golf courses, effective with the opening of the 2020 golf season, the Council does hereby concur in the recommendation of the Parks and Recreation Commission and the increase in green fees for all City Golf Courses, effective with the opening of the 2020 golf season, and changes to the Golf Course Capital Improvement Fund (409) Contributions, as set forth in the aforesaid communication, are hereby approved. On a motion by Toy, supported by Donovic, and unanimously adopted, it was: #72-20 RESOLVED, that having considered a communication from the Superintendent of Parks and Recreation, dated January 29, 2020, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does, for and on behalf of the City of Livonia, accept various gifts and cash donations in the amount of $24,650.00 from the sources indicated therein; FURTHER, the Council does hereby appropriate and credit the amount of $24,650.00 to Account No. 208-000-690-010, representing the total cash donation, for the purposes designated by the donors. On a motion by Jolly, supported by White, and unanimously adopted, it was: #73-20 RESOLVED, that pursuant to the provisions of Section 5, Chapter VIII of the Charter of the City of Livonia, and based upon the appointment of the Mayor, dated February 12, 2020, the Council does hereby consent to and confirm the appointment of Patrick D. Crandell, 15177 Yale, Livonia, Michigan 48154, to the Board of Review for a three- 41251 Regular Meeting Minutes of February 24, 2020 year term which will expire on February 16, 2023, provided that Mr. Crandell takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. On a motion by Toy, supported by White, and unanimously adopted, it was: #74-20 RESOLVED, that having considered a communication from the Department of Law, dated January 30, 2020, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by Ronald Emling and Sahar Jarjosa, in connection with the existing City of Livonia sanitary sewer main that was previously extended to the Plymouth Township side of Eckles Road to service the home at the subject location in the Northeast 1/4 of Section 24, more particularly described as: Part of the Northeast ¼ of Section 24, Town 1 South, Range 8 East, Plymouth Township, Michigan, Wayne County, Michigan, Commencing at the East ¼ corner of Section 24; thence along the East line of Section 24, North 00°03’00” West 660.00 feet; thence South 87°57’00” West 33.02 feet, to the Point of Beginning; thence South 87°57’00” West 17.01 feet; thence North 00°03’00” West 315.25 feet; thence North 87°57’00” East 17.01 feet; thence South 00°03’00” East 315.25 feet to the Point of Beginning. Containing 5,359.26 sq. ft./0.12 acres. The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Toy, supported by Donovic, and unanimously adopted, it was: #75-20 RESOLVED, that having considered a communication from the Department of Law, dated January 30, 2020, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by Leo Soave, President, Leo Soave Building, Inc., a Michigan corporation, for a public utility easement in connection with the construction of a sanitary sewer at the subject location in the Northwest 1/4 of Section 22, more particularly described as: 41252 Regular Meeting Minutes of February 24, 2020 Public Sanitary Sewer Easement An Easement for Sanitary Sewer over part of Parcel 086-99-0005-003, being part of the Northwest ¼ of Section 22, Town 1 South, Range 9 East, more particularly described as commencing at the North ¼ Corner of said Section 22; thence North 88 degrees 29 minutes 00 seconds West along the North Line of said Section 22, 630.77 feet to the East Right of Way Line of Brookfield Avenue (60 feet wide); thence South 01 degrees 15 minutes 52 seconds West along the East Line of said Brookfield Avenue (60 feet wide), 574.12 feet to the Point of Beginning; thence South 01 degrees 15 minutes 52 seconds West 20.00 feet; thence South 88 degrees 33 minutes 18 seconds East 20.00 feet; thence North 01 degrees 15 minutes 52 seconds East 20.00 feet; thence North 88 degrees 33 minutes 18 seconds West 20.00 feet to the Point of Beginning. The Council does hereby, for and in behalf of the City of Livonia, accept the aforesaid Grant of Easement and the City Clerk is hereby requested to have the same recorded in the Office of the Register of Deeds and to do all other things necessary or incidental to fulfill the purpose of this resolution. On a motion by Toy, seconded by Jolly, and unanimously adopted, it was: #76-20 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. President McIntyre, as Chair of the Committee of the Whole, reported out on the meeting of Tuesday, February 18, 2020. a. SITE PLAN PETITION: Planning Commission, re: Petition 2019- th 01-08-01 submitted by Tom Kelly, Vice President, 18 Street Development, LLC and Connie O’Malley, President, Outpatient Services, on behalf of Beaumont, to approve revised site plan previously approved by City Council on July 22, 2019, for construction of a professional/medical office building, located on the north side of Seven Mile Road (39000 Seven Mile Road) in the Southwest ¼ of Section 6. (CR 41-20 and 262-19). A communication from Joseph Vicari, Owner, Joe Vicari Restaurant Group, dated February 13, 2020, re: Petition 2019-01-08-01, was received and placed on file for the information of the Council. 41253 Regular Meeting Minutes of February 24, 2020 On a motion by Jolly, supported by McCullough, and unanimously adopted, it was: #77-20 RESOLVED, that having considered the report and recommendation of the Committee of the Whole, dated February 18, 2020, submitted pursuant to Council Resolution 41-20, and a communication from the City Planning Commission, dated January 29, 2020, approved for submission by the Mayor, which transmits its resolution #01-10-2020, adopted on January 28, 2020, re: Petition 2019- th 01-08-01 submitted by Petitioners Tom Kelly, Vice President, 18 Street Development, LLC and Connie O’Malley, President, Outpatient Services, on behalf of Beaumont, to approve revisions to the site plan previously approved by Council Resolution 262-19, adopted on July 22, 2019, for construction of a professional/medical office building, located on the north side of Seven Mile Road (39000 Seven Mile Road) in the Southwest ¼ of Section 6, the Council does hereby concur in the recommendation of the Planning Commission and revised site plan Petition 2019-01-08-01 is hereby approved and granted, subject to the following conditions: 1. The Overall Site Plan identified as Sheet C2.10 dated December 19, 2019, as revised, prepared by HKS Architects (the “Site Plan”), is hereby approved and shall be adhered to, provided that the site plan approved by Council Resolution 262-19, adopted on July 22, 2019, may be adhered to in lieu of the Site Plan if Petitioners are successful in obtaining a cross access agreement with the Pentagon Centre Condominium Association, a Michigan Corporation; 2. The Landscape Plan identified as Sheet L1.10 dated December 19, 2019, as revised, prepared by HKS Architects (the “Landscape Plan”), is hereby approved and shall be adhered to, provided that the landscape plan approved by Council Resolution 262-19, adopted on July 22, 2019, may be adhered to in lieu of the Landscape Plan if Petitioners are successful in obtaining a cross access agreement with the Pentagon Centre Condominium Association, a Michigan Corporation; 3. That approval is granted by Wayne County DPS and the Michigan Department of Transportation (MDOT) for the installation of traffic improvements as outlined in Table E4, entitled Future Adjacent Intersection Improvements, provided on page viii of the Executive Summary of the Beaumont Livonia Traffic Impact Study dated January 21, 2020, as revised, prepared by Fleis & Vandenbrink, provided that no such approval is required if Petitioners proceed according to the site plan approved by Council Resolution 262-19, adopted on July 22, 2019; 41254 Regular Meeting Minutes of February 24, 2020 4. That the traffic for all planned future projects and developments in the vicinity of the site shall be included in the traffic study submitted to Wayne County DPS and Michigan Department of Transportation for final evaluation; 5. 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 6. That all other conditions imposed by Council Resolution #262-19, which granted approval for the construction of a professional/medical office building, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. There was no Audience Communication at the end of the meeting. On a motion by Toy, supported by Jolly, and unanimously adopted, this 1,891st Regular Meeting of the Council of the City of Livonia was adjourned at 8:06 p.m. on February 24, 2020. _____________________ Susan M. Nash, City Clerk