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HomeMy WebLinkAboutCOUNCIL MINUTES 2016-02-01 39679 MINUTES OF THE ONE THOUSAND SEVEN HUNDRED AND NINETY-FOURTH REGULAR MEETING OF FEBRUARY 1, 2016 On February 1, 2016 the above meeting was held at the City Hall, 33000 Civic Center Drive, Livonia, Michigan, and was called to order by President McIntyre at 7:00 p.m. Councilmember Jolly led the meeting in the Pledge. Roll was called with the following result: Jim Jolly, Cathy White, Scott Bahr, Brian Meakin, Brandon Kritzman, Maureen Miller Brosnan and Kathleen McIntyre. Absent: None. Elected and appointed officials present: Mark Taormina, Director of Economic Development and Planning; David Lear, Assistant City Engineer; Don Knapp, City Attorney; Susan M. Nash, City Clerk; Lynda Scheel, Treasurer; Judy Priebe, Director of Legislative Affairs; Doug Moore, Superintendent of Public Works and Mayor Dennis Wright. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was- #47-16 RESOLVED, that the Minutes of the 1,793rd Regular Meeting of the Council held January 20, 2016 are hereby approved as submitted. President McIntyre extended birthday wishes to Don Knapp, City Attorney, as well as Vice President Kritzman. She then thanked the members of the community who attended the first coffee and conversation night with elected officials at the Senior Center which was held on January 28tH Bahr wished his son a happy 10th birthday. There was no Audience Communication at the beginning of the meeting. 39680 Regular Meeting Minutes of February 1, 2016 On a motion by Jolly, supported by Brosnan, it was- #48-16 RESOLVED, that having considered a letter from Dennis DeSantis, Treasurer, Livonia Civic Arenas, Inc., dated January 6, 2016, the Council does hereby take this means to indicate that Livonia Civic Arenas, Inc. is recognized as a Non- Profit Organization operating in the community, and the action herein being taken for the purpose of affording the Livonia Civic Arenas, Inc. the opportunity to qualify for a charitable gaming license or registration from the State of Michigan in accordance with provisions of State statute. #49-16 RESOLVED, that having considered a communication from the Mayor, dated January 11, 2016, the Council does hereby approve of and concur in the appointment of Peter Ventura, 18517 Mayfield, Livonia, MI 48152, to the City Planning Commission to fill the unexpired term of office of Scott Bahr, which will expire on June 9, 2017, provided that Mr. Ventura takes the oath of office as required in Chapter X, Section 2 of the City Charter, to be administered by the City Clerk. #50-16 RESOLVED, that having considered the report and recommendation of the Director of Finance, dated January 4, 2016, 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 Reliance Standard Life Insurance Company, 2001 Market Street, Philadelphia, PA 19103, to provide insurance at the rate of$0.182 (life insurance) and $0.015 (accidental death and dismemberment) per $1,000 payroll per month, or approximately $80,795.00 per year, for two years, the same having been in fact the lowest quote received and is unchanged from the current rate; FURTHER, the Council does hereby authorize an agreement between the City of Livonia and Reliance Standard Life Insurance Company to buy life and accidental death and dismemberment insurance coverage at these rates for a two year period from March 1, 2016 to February 28, 2018; FURTHER, the Mayor and City Clerk are hereby authorized, for and on behalf of the City of Livonia, to execute a contract which is approved as to form and substance by the Law Department, with the aforesaid company and to do all other things necessary or incidental to the full performance of this resolution. #51-16 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works and the Director of Public Works, dated December 16, 2015, which bears the signature of the Director of Finance and is approved for submission by 39681 Regular Meeting Minutes of February 1, 2016 the Mayor, the Council does hereby accept the unit price bid of Crimboli Nursery, Inc., 50145 Ford Road, Canton, Michigan 48187 for completing all work required in connection with the City's 2016 Street Tree Planting Program for the estimated total cost of $120,432.00 based upon the Public Service Division's estimate of units involved, and subject to final payment based upon the actual units completed in accordance with the unit prices accepted herein, said estimated cost and unit prices having been in fact the lowest bid received for this item. Further, the Council does hereby authorize the expenditure of a sum not to exceed $120,432.00 from funds already budgeted in Account No. 204-781-818-047 for this purpose; FURTHER, in the event the low bidder is unable to supply certain species of trees, the Council does hereby accept the unit price bid of the second lowest bidder, Greg Davis Landscape Services, 471 Renaud, Grosse Pointe, Michigan 48236 to supply those species for the City's 2016 Street Tree Planting Program for the estimated total cost not to exceed $136,570.00; 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 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. #52-16 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Works and the Director of Public Works, dated December 16, 2015, 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 Dan's Tree, 23332 Farmington Road, Suite 228, Farmington, MI 48332 for completing all work required in connection with the City's 2016 Tree and Stump Removal Program for an estimated total cost not to exceed $194,397.00, said estimated cost and unit prices having been in fact the lowest bid received that met all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $194,397.00 from funds already budgeted in Account No. 205- 527-818-045 (Refuse— Contractual Service Forestry) for this purpose; FURTHER, in the event the low bidder is unable to complete the work, the Council does hereby accept the unit price bid of the second lowest bidder, Sod Solutions, 14382 Sunbury, Livonia, Michigan 48154 To complete the work for the estimated total cost not to exceed $212,548.25; 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, which is approved as to form and substance by the Law Department, 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. 39682 Regular Meeting Minutes of February 1, 2016 #53-16 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated January 11, 2016, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby determine to take the following actions: • To award the contract for truck transport unmetered (over 5000 gallons) through the Michigan Intergovernmental Trade Network (MITN) to RKA Petroleum Companies, Inc., 28340 Wick Road, Romulus, Michigan 48174, to supply the City of Livonia with gasoline and diesel fuel under the terms and conditions of the bid for the period February 1, 2016 through January 31, 2018, with the option to extend the terms and conditions an additional two years upon mutual consent. • To award the contract for truck transport unmetered (over 5000 gallons) through the Michigan Intergovernmental Trade Network (MITN) to Ports Petroleum Company, 13347 Blacheyville Road, Wooster, Ohio 44691, to supply the City of Livonia with gasoline and diesel fuel under the terms and conditions of the bid for the period February 1, 2016 through January 31, 2018, with the option to extend the terms and conditions an additional two years upon mutual consent. • To award the contract for tank wagon metered (under 5000 gallons) through the Michigan Intergovernmental Trade Network (MITN) to RKA Petroleum Companies, Inc., 28340 Wick Road, Romulus, Michigan 48174, to supply the City of Livonia with gasoline and diesel fuel under the terms and conditions of the bid for the period February 1, 2016 through January 31, 2018, with the option to extend the terms and conditions an additional two years upon mutual consent. • To award the contract for tank wagon metered (under 5000 gallons) through the Michigan Intergovernmental Trade Network (MITN) to Atlas Oil Company, 24501 Ecorse Road, Taylor, Michigan 48180, to supply the City of Livonia with gasoline and diesel fuel under the terms and conditions of the bid for the period February 1, 2016 through January 31, 2018, with the option to extend the terms and conditions an additional two years upon mutual consent. • To waive the formal bidding process in accordance with Section 3.04.140.D.4 of the Livonia Code of Ordinances, as amended, since no advantage to the City would result from a separate competitive bidding process by Livonia. 39683 Regular Meeting Minutes of February 1, 2016 and the Mayor and City Clerk are hereby authorized to execute contracts, which are approved as to form and substance by the Law Department, for and on behalf of the City of Livonia with the aforesaid companies and to do all other things necessary or incidental to the full performance of this resolution. #54-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 6, 2016, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, with regard to a request from the Wayne County Department of Public Services that the City take jurisdiction and control of the entire on-site storm sewer collection system to be constructed by the owners of the property located at 13507 Middlebelt Road, Livonia, Michigan, the Council does hereby determine as follows- 1. ollows:1. To advise the Wayne County Department of Public Services (Permit Section) that the City of Livonia has approved the storm sewer site plans and further, that the City will accept jurisdiction and maintenance (at no expense to the County) of the storm sewer within the property located on the west side of Middlebelt Road (13507 Middlebelt Road), south of Schoolcraft Road, in the Southeast 1/4 of Section 26. (See attached maintenance agreement from the owners, Tobeck Realty Corporation, Maxlune Realty Corporation and the Antonoff Family Trust Partnership LLP, 9986 Manchester Road, St. Louis, Missouri 63122, indicating their willingness to reimburse the City for any such maintenance that may become necessary); 2. To authorize the City Engineer to execute a Wayne County permit on behalf of the City of Livonia in connection with the above storm sewer construction; and 3. To authorize the Mayor and the City Clerk to execute the maintenance agreement which is approved as to form and substance by the Law Department, on behalf of the City. A roll call vote was taken on the foregoing resolutions with the following result: AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and McIntyre NAYS: None The President declared the resolutions adopted. 39684 Regular Meeting Minutes of February 1, 2016 White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 14 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 2015-09-01-09) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, White, Bahr, Meakin, Kritzman, Brosnan and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. A communication from Scott Maxwell, McLaren Performance Technologies, dated January 28, 2016, re: Petition 2015-11-01-10, was received and placed on file for the information of the Council. An email communication from Daniel Steele, dated January 28, 2016, re: Petition 2015-11-01-10, was received and placed on file for the information of the Council. A communication from Jeffrey S. Kragt, Beier Howlett, P.C., dated January 29, 2016, re: Petition 2015-11-01-10, was received and placed on file for the information of the Council. A communication from the Planning Commission, dated January 21, 2016, re: Petition 2015-11-01-10, was received and placed on file for the information of the Council. 39685 Regular Meeting Minutes of February 1, 2016 A communication from Derek McLean, 20404 Hubbard, Livonia, MI, received in the Office of the City Clerk on January 28, 2016, was received and placed on file for the information of the Council. Meakin took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 3 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 SECTION 3. THERETO. (PETITION 2015-11-01-10) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: Jolly, White, Bahr, Meakin, Kritzman, and McIntyre NAYS: Brosnan The President declared the foregoing Ordinance duly adopted, and would become effective on publication. A communication from the Department of Law, dated January 22, 2016, re: Request for Consumers Energy Gas Franchise Renewal, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by White and unanimously adopted, it was- #55-16 RESOLVED, that having considered a communication from the Department of Law, dated January 22, 2016, requesting that the subject of renewing Consumers Energy Company Gas Franchise Ordinance granting Consumers Energy the right, power and authority to lay, maintain and operate gas mains, pipes and services on, along, across and under the highways, streets, alleys, bridges, waterways, and other public places, and to do a local gas business in the City of Livonia, Wayne County, Michigan, for a period of thirty years be put over for consideration at the February 17, 2016 Regular Meeting, the 39686 Regular Meeting Minutes of February 1, 2016 Council does hereby direct that this item be placed on the agenda for the next regular meeting of February 17, 2016. Greg Meyer, Area Manager for Consumers Energy, 11801 Farmington Road, was present to answer any questions from Council. Vice President Kritzman stepped down from the podium at 7:18 p.m. to avoid any perceived conflict of interest. On a motion by White, supported by Brosnan, it was- #56-16 RESOLVED, that having considered the report and recommendation of the City Engineer, dated January 8, 2016, submitted pursuant to Council Resolution 338-14, which bears the signature of the Director of Finance and the City Attorney, is approved by the Director of Public Works and approved for submission by the Mayor, to which is attached a letter from OHM Advisors, dated January 5, 2016, enclosing a proposal to amend the professional engineering contract between the City of Livonia and OHM Advisors (OHM) in connection with the Stormwater, Asset Management, and Wastewater (SAW) Grant Program, Wastewater Asset Management Plan Saw Grant Project No. 1441-01, to complete the grant by the April 2017 deadline, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute an amendment to the engineering contract between the City of Livonia and OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150 in the amount of $146,000.00, for a new revised total not to exceed $1,098,300.00, forthe Saw Grant Project No. 1441-01; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $146,000.00 from SAW Grant proceeds for this purpose without competitive bidding, per Section 3.04.140.D.2.a of the Livonia Code of Ordinances, as amended; FURTHER, the Council does hereby authorize an increase in the amount from $248,470.00 to $358,976.00 to allow for an expenditure in the amount of$110,506.00 to ADS Environmental Services, 1100 Owendale Drive, Suite K, Troy, MI 48083 for work associated with flow monitoring and technology upgrades from SAW Grant proceeds; FURTHER, the Council does hereby authorize the expenditure to provide Computerized Maintenance Management Systems (CMMS) Software and Training from Cityworks in the amount of $93,100.00 to Azteca Systems, Inc., 11075 South State Street, Suite 24, Sandy UT 84070, without competitive bidding, per Section 3.04.140.D.3 of the Livonia Code of Ordinances; FURTHER, the Council does hereby authorize paying the amount of $142,715.00 to Ritter GIS, 42209 Ann Arbor Road, Plymouth, Michigan 48170 for the following breakdown of items: $20,000.00 for CMMS & GIS training (250 hours); $22,115.00 to purchase two (2) Trimble GPS Collection Units that include software, maintenance and warranty items; $600.00 for Business Objects 39687 Regular Meeting Minutes of February 1, 2016 Crystal Report License; and $100,000.00 for Cityworks CMMS implementation integrating existing historical data from the past 14 years and importing onto the Cityworks Platform, setting up GIS Assets that involve creating templates for work orders, equipment data, labor, materials and workflow practices, ArcGIS Online Base Map Development, and payroll integration (this effort is based on 1,250 hours using the proposed hourly rate of$80 per hour); FURTHER, the Council does hereby authorize the City Engineer to approve minor adjustments in the work, as required. A roll call vote was taken on the foregoing resolution with the following result: AYES: Jolly, White, Bahr, Meakin, Brosnan and McIntyre NAYS: None Vice President Kritzman returned to the podium at 7:19 p.m. An email communication from Liz Mango, on behalf of Frank Jonna, Jonna Realty Ventures, dated January 28, 2016, re: new site plans for Petition 2015-10- 08-17, was received and placed on file for the information of the Council. On a motion by Brosnan, supported by Jolly, and unanimously adopted, it was: #57-16 RESOLVED, that having considered a communication from the City Planning Commission, dated December 28, 2015, which transmits its resolution #12-92-2015, adopted on December 15, 20157 with regard to Petition 2015-10-08-17, submitted by Jonna Realty Ventures, on behalf of Haggerty Marketplace, in connection with a proposal to construct a multi-tenant retail building and obtain preliminary approval for two restaurant pads on property located on the east side of Haggerty Road between Seven Mile and Eight Mile Roads (19700 and 19750 Haggerty Road) in the Southwest 1/4 of Section 6, the Council does hereby refer this matter to the Committee of the Whole for its report and recommendation. 39688 Regular Meeting Minutes of February 1, 2016 On a motion by Jolly, supported by Brosnan, and unanimously adopted, it was: #58-16 RESOLVED, that having considered a communication from the Fire Chief, dated January 8, 2016, 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 cash and in-kind donations from the sources indicated therein; FURTHER, the Council does hereby appropriate and credit the amount of$1,400.00 to Account No. 702-285-336, Fire Community Donations, representing the total cash donations, for the purpose designated by the donors. On a motion by White, supported by Jolly, and unanimously adopted, it was- #59-16 RESOLVED, that having considered a communication from the Department of Law, dated January 14, 2016, approved for submission by the Mayor, transmitting for Council acceptance of a Grant of Easement executed by Michael Wivell and Susan Wivell, for a variable width public utility easement in connection with the storm sewer line constructed at 11121 Garden in the Northwest 1/4 of Section 36, more particularly described as: A variable width Storm Sewer Easement being part of the NW 1/4 of Section 36, Town 1 South, Range 9 East, City of Livonia, Wayne County, Michigan, more particularly described as follows: Beginning at the SE corner of Lot 37, "Greenette Subdivision", according to the plat thereof as recorded in Liber 74, Page 65-66 of Plats, Wayne County Records; thence S 87°38'57"W 67.40 feet along the South line of said Lot 37, thence N 75°26'26" W 7.93 feet; thence S 87026'32" W 29.06 feet; thence N 02050'32" W 10.0 feet along the East line of an existing easement; thence N 87026'32" E 30.62 feet; thence S 75026'26" E 10.83 feet; thence S 03024'44" E 2.61 feet; thence N 86054'02" E 37.16 feet; thence N 01036'55" W 0.80 feet; thence N 86032'48" E 25.87 feet; thence S 02050'32" E 8.34 feet along the East line of said Lot 37 to the Point of Beginning. Contains 874 square feet or 0.02 acres of land, more or less. Subject to all easements and restrictions of record, if any. 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 39689 Regular Meeting Minutes of February 1, 2016 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 Brosnan, and unanimously adopted, this 1,794th Regular Meeting of the Council of the City of Livonia was adjourned at 7:36 p.m. on February 1, 2016. Susan M. Nash City Clerk