HomeMy WebLinkAboutMINUTES 2017-02-27
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND NINETEENTH
REGULAR MEETING OF FEBRUARY 27, 2017
On February 27, 2017 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 with the assistance of Girl Scout Troop 76289 from Mt.
Hope Congregational Church.
Roll was called with the following result: Jim Jolly, Cathy White,
Scott Bahr, Brandon Kritzman, Maureen Miller Brosnan and Kathleen McIntyre.
Absent: Brian Meakin.
Elected and appointed officials present: Mark Taormina, Director
or Economic Development and Planning; Todd Zilincik, City Engineer; Don
Knapp, City Attorney; Susan M. Nash, City Clerk; Judy Priebe, Director of
Legislative Affairs; Denise Maier, Director of Human Resources; Ted Davis,
Superintendent of Parks and Recreation; Shadd Whitehead, Fire Chief; and
Mayor Dennis Wright.
On a motion by Brosnan, supported by Jolly, and unanimously
adopted, it was:
th
#56-17 RESOLVED, that the minutes of the 1818 Regular
Meeting of Council held February 13, 2017 are approved as
submitted.
On a motion by Jolly, supported by White, and unanimously adopted,
it was:
#57-17 RESOLVED, that having considered the request of
Councilmembers, Jim Jolly and Cathy K. White, at the Regular
Meeting of the Council held February 27, 2017, regarding the
subject matter of police body worn cameras, in-car cameras, and
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Regular Meeting Minutes of February 27, 2017
storage of those videos, the Council does hereby refer this item to
the Committee of the Whole for its report and recommendation.
President McIntyre announced there is new data on Items 18, 23 & 24.
During Audience Communication Doris Nowicki 33185 Broadmoor, Woodcreek
Farms Subdivision Vice-President, and 33 year resident of Livonia, voiced her
complaints about the noise level at O’Malley’s St. Patrick’s Day celebration
Scott Heinzman, 37601 Grantland, addressed Council about promoting stronger
democracy.
Karen Smith, from Seedlings Braille Books for Children, came to the podium.
Councilmember White asked to waive the three minute rule to allow Ms. Smith
extra time, if needed, to address Council on her subject.
Ms. Smith went on to inform Council that Seedlings is a nonprofit corporation that
makes Braille books for blind children in Livonia, across the United States and in
seventy-five countries across the world. She stated that the ratio of books that
the average child has compared to a blind child is 100 to 5, indicating that cost
is the major factor in the equation. She indicated their mission is to increase
illiteracy rate among blind and visually impaired children. She then announced
thth
their 30 Annual Bowling for Braille Fundraiser will be held Saturday, March 11
at noon at MerriBowl Lanes. She gave details about the event and information
on making donations to the organization.
William Mcevoy, 33900 Wadsworth, thanked Council President McIntyre and City
Attorney Knapp for their assistance in obtaining information on an ordinance.
A communication from the Department of Finance, dated February 2,
2017, re: forwarding the Quarterly Investment Report for the City of Livonia as
of November 30, 2016, was received and placed on file for the information of the
Council.
On a motion by Brosnan, supported by White, it was:
#58-17 RESOLVED, that having considered a communication from
Frank Grisa, dated January 25, 2017, which requests permission to waive
Section 8.32.070 (Noise Control) of the Livonia Code of Ordinances, as
amended, to allow their St. Patrick’s Day Celebration on Friday, March 17,
2017, from 7:00 a.m. until midnight, at O’Malley’s Supper Spirits & Song,
15231 Farmington Road, the Council does hereby grant permission as
requested.
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Regular Meeting Minutes of February 27, 2017
#59-17 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 6, 2017, which
bears the signatures of the Director of Finance and the City Attorney and
is approved for submission by the Mayor, and to which is attached a
proposed agreement for the Specialized Services Operating Assistance
Program Third-Party Contract between SMART and the City of Livonia for
the period October 1, 2016 through September 30, 2017, with grant funds
to be used for the Livonia Community Transit Program to provide lift-
equipped transportation to the senior and disabled residents of the City,
the Council does, for and on behalf of the City of Livonia, authorize the
Mayor and City Clerk to execute the said agreement in the manner and
form herein submitted, provided that the agreement is approved as to form
and substance by the department of law, and to do all other things
necessary or incidental to the full performance of this resolution.
#60-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
January 30, 2017, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, to which is attached a
communication from B&B Pools and Spas, dated January 30, 2017,
wherein it is indicated that B&B Pools and Spas has offered to extend their
current contract price through December 31, 2017, the Council does
hereby authorize the purchase of 300 buckets of pulsar briquettes from
B&B Pools and Spas, 31071 Industrial, Livonia, Michigan 48150, for a
price of $105.00 per 50 pound bucket for a total price of $31,500.00 for
use at the Community Recreation Center, Botsford, Clements Circle and
Shelden Pools, with the understanding that such price per bucket will
remain in place through December 31, 2017; FURTHER, the Council does
hereby authorize an expenditure in the amount of $31,500.00 ($19,530.00
from Account No. 208-755-743-000 – Community Center; $4,410.00 from
Account No. 208-720-743-000 – Botsford; $4,410.00 from Account No.
208-721-743-000 – Clements Circle; and $3,150.00 from Account No.
208-722-743-000 – Shelden) from funds already budgeted for this
purpose; FURTHER, the Council does hereby authorize the said purchase
without competitive bidding because the proposed vendor is a sole source
supplier in accordance with the provisions set forth in Section
3.04.140.D.3 of the Livonia Code of Ordinances, as amended.
#61-17 RESOLVED, that having considered a communication from
the Fire Chief, dated January 31, 2017, which bears the signatures of the
Director of Finance and the City Attorney, and is approved for submission
by the Mayor, to which is attached a proposed Interlocal Contract for
Cooperative Purchasing with the Houston-Galveston Area Council, 3555
Timmons Lane, Suite 120, Houston, Texas 77027, to improve the City’s
purchasing power in regards to custom, medium-duty ambulances, the
Council does hereby authorize the Mayor and City Clerk, for and on behalf
of the City of Livonia, to execute the proposed Interlocal Contract For
Cooperative Purchasing with the Houston-Galveston Area Council in the
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manner and form herein submitted, subject to approval as to form and
substance by the Department of Law, and to do all other things necessary
or incidental to the full performance of this resolution.
#62-17 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated February 1, 2017, 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)
2017 GMC Terrain AWD Vehicle, from Todd Wenzel Buick-GMC (formerly
Red Holman Buick GMC), 35100 Ford Road, Westland, MI 48185, for a
total cost not to exceed $26,085.10, as an administrative vehicle for use
by the new Deputy Fire Chief, the same to be expended from funds
already budgeted for this purpose in Account No: 101-336-985-000 (Fire
Administration - 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. 071B1300007, 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.
#63-17 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated January 31, 2017, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, in connection with the proposed addition/remodel of the
Livonia Fire Headquarters, located at 14910 Farmington Road, the
Council does hereby accept the bid of Sidock Group, Inc., 43155 Main
Street, Suite 2306, Novi, MI 48375, to provide architectural/building
design services, engineering services, construction documents,
procurement assistance, construction and renovation administration,
construction observation and post construction services for the proposed
addition/remodel of the Livonia Fire Headquarters, based on the RFP
response submitted by Sidock Group, Inc. on January 10, 2017, in an
amount of $69,500.00, plus a contingency of $3,500.00, for a total amount
not to exceed $73,000.00; FURTHER, the Council does hereby authorize
an appropriation and expenditure in an amount not to exceed $73,000.00
from Account No. 101-336-976-000 for this purpose; and 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 bidder and to do all other things
necessary or incidental to the full performance of this resolution.
#64-17 RESOLVED, that having considered the report and
recommendation of the Fire Chief, dated January 31, 2017, 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)
Zoll X-Series Bi-Phasic Cardiac Monitor/Defibrillator for the fire
Department for a total amount not to exceed $33,000.00, from Zoll
Medical Corporation, 269 Mill Road, Chelmsford, Massachusetts 01824-
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Regular Meeting Minutes of February 27, 2017
4105; FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $33,000.00 from funds already budgeted in Account
No. 101-338-979-000 (Fire Fighting – Capital Outlay – Fire Equip.);
FURTHER, the Council does hereby authorize the said action without
competitive bidding for the reason that Zoll Corporation is the sole vendor
for the X-Series 12-lead Cardiac Monitor/Bi-phasic Defibrillator, and such
action is taken in accordance Section 3.04.140.D.3 of the Livonia Code of
Ordinances, as amended.
#65-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 25, 2017, 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) Morbark Model
Beever M15R Drum-Style Chipper (Tier IV Intermediate Engine) at a cost
of $51,902.60 and one (1) Morbark Model Beever M12R Drum-Style
Chipper (Tier IV Final Engine) at a cost of $39,319.20, for a total amount
not to exceed $91,221.80, to replace two (2) old chippers which have far
exceeded their life expectancy, utilizing the National Joint Powers Alliance
(NJPA) Pricing, which was awarded to Morbark, Inc., PO Box 1000, Winn,
Michigan 48896 (under Contract No. 042815-MBI); FURTHER, the
Council does hereby authorize an expenditure in an amount not to exceed
$91,221.80 from funds already budgeted in Account No. 205-527-987-000
(Refuse Fund) for this purpose; FURTHER, the Council does hereby
determine to authorize this purchase without competitive bidding
inasmuch as the same is based upon the low National Joint Powers
Alliance (NJPA) bid price (under Contract No. 042815-MBI), 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.4 of the Livonia Code of Ordinances, as amended; FURTHER,
the Council does hereby authorize the Director of Public Works to approve
any minor changes in the purchase if it becomes necessary; FURTHER,
the Council does hereby authorize the disposal of the replacement
chippers at public auction hosted by the Michigan Inter-governmental
Trade Network (MITN) or commercial auction after receipt of the new
chippers.
#66-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 20, 2017, 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) ODB Trailer
Mounted Vacuum Debris Collector, Model Number SCL800TM25, utilizing
the National Joint Powers Alliance (NJPA) Purchasing Contract which was
awarded to Old Dominion Brush Co., Inc., 5118 Glen Alden Drive,
Richmond, VA 23231 (under Contract No. 060612–ODB), at a cost not to
exceed $49,221.00, to be used as a back-up to the current trailer mounted
leaf vacuum fleet; FURTHER, the Council does hereby authorize an
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Regular Meeting Minutes of February 27, 2017
expenditure in an amount not to exceed $49,221.00 from funds already
budgeted in Account No. 205-527-987-000 (Capital Outlay Budget) for this
purpose; FURTHER, the Council does hereby determine to authorize this
purchase without competitive bidding inasmuch as the same is based
upon the low National Joint Powers Alliance (NJPA) bid price (under
Contract No. 060612-ODB), 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.
#67-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 20, 2017, 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 two (2) ODB Trailer
Mounted Vacuum Debris Collectors, Model Number LCT 600, utilizing the
National Joint Powers Alliance (NJPA) Purchasing Contract which was
awarded to Old Dominion Brush Co., Inc., 5118 Glen Alden Drive,
Richmond, VA 23231 (under Contract No. 060612–ODB), at a cost of
$29,880.50 each, for a total cost not to exceed $59,761.00, to replace two
(2) comparable units that will be used as back-ups to the current trailer
mounted leaf vacuum fleet; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $59,761.00 from funds already
budgeted in Account No. 205-527-987-000 (Capital Outlay Budget) for this
purpose; FURTHER, the Council does hereby determine to authorize this
purchase without competitive bidding inasmuch as the same is based
upon the low National Joint Powers Alliance (NJPA) bid price (under
Contract No. 060612-ODB), 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.
#68-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 20, 2017, 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) Toro
Groundsmaster 3505-D, Model No. 30849, Tri-Deck Finishing Mower at a
total cost not to exceed $27,603.82, from Spartan Distributors, 1050
Opdyke Road, Auburn Hills, MI 48326, to replace an older Toro
Groundsmaster 3505-D; FURTHER, the Council does hereby authorize
an expenditure in an amount not to exceed $27,603.82 from funds already
budgeted in Account No. 401-000-987-000 (Capital Outlay Budget) for this
purpose; 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.
071B0200329, 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 unit at public auction hosted by the Michigan Inter-
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governmental Trade Network (MITN) or commercial auction after receipt
of the new unit.
#69-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 20, 2017, 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) Toro
Groundsmaster 4110-D, Model No. 30644, Multi-Deck Wide Area Mower,
at a cost of $75,531.82, and one (1) Erskine 2-Stage 60” Snow Blower
Attachment, Model No. 900456, at a cost of $9,170.00, for a total amount
not to exceed $84,701.82, from Spartan Distributors, 1050 Opdyke Road,
Auburn Hills, MI 48326, to replace an older Toro Groundsmaster 4100-D;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $84,701.82 from funds already budgeted in Account
No. 401-000-987-000 (Capital Outlay Budget) for this purpose;
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.
071B0200329, 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 unit at public auction hosted by the Michigan Inter-
governmental Trade Network (MITN) or commercial auction after receipt
of the new unit.
#70-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 26, 2017, 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 JD Candler, 31111 Industrial,
Livonia, MI 48150, for completing all work required in connection with the
roof replacement at the Livonia Police Department in an amount not to
exceed $374,600.00, the same having been the lowest bid received and
meets all specifications; FURTHER, the Council does hereby authorize
the expenditure of a sum not to exceed $374,600.00 from funds already
budgeted in Account No.: 401-000-976-000 (Capital Projects Fund) for
this purpose; and the Director of Public Works is hereby authorized to
approve minor adjustments in the work as it becomes necessary.
#71-17 RESOLVED, that having considered a communication from
the Director of Public Works, dated February 1, 2017, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, the Council does hereby approve an extension of the lease of five
(5) acres of the City-Owned property located at 32700 Glendale Avenue,
as requested by Mid-Michigan Recycling, L.C., G-5310 Dort Highway,
Flint, Michigan 48505, for wood processing and disposal service, for a
period of five (5) years commencing February 25, 2017, at a monthly lease
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Regular Meeting Minutes of February 27, 2017
rate of $3,692.40, which includes a 2% increase from the previous
contract, for total City revenue of $221,544.00 over a five (5) year period,
subject to all other terms and conditions previously approved in Council
Resolution #11-13, adopted on January 14, 2013; and the Mayor and City
Clerk are hereby authorized to execute a lease agreement for and on
behalf of the City of Livonia with the aforesaid company, approved as to
form and substance by the Department of Law, and to do all other things
necessary or incidental to the full performance of this resolution.
#72-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 3, 2017, approved
by the Director of Public Works, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council does
hereby agree to extend the Contract 16-C unit prices per agreement with
Hard Rock Concrete, Inc., 38146 Abruzzi Drive, Westland, Michigan
48185 to the 2017 concrete road repair program (contract 17-C), with the
exception of revised unit prices for bid item number 1, mobilization and
the four (4) new line items and the agreed upon 90 inspector days based
on the recommendation of Anderson, Eckstein and Westrick, Inc.
(“AEW”), said amount to be adjusted based upon the quantities of work
actually completed, for the estimated total cost of $2,750,000.00, based
on the bid unit prices from 2016, Contract 16-C; FURTHER, the Council
does hereby authorize an expenditure in an amount not to exceed
$2,750,000.00 for the 2017 Concrete Road Repair Program (Contract 17-
C) from funds already budgeted in the following accounts for this purpose:
Account No. 204-463-818-110 (Reconstruction) $2,150,000.00
Account No. 204-463-818-114 (Maintenance) $ 600,000.00
FURTHER, the Council does hereby appropriate and authorize an
expenditure in an amount not to exceed $330,000.00 from the Road,
Sidewalk and Tree Fund, Account No. 201-441-818-102, for Construction
Engineering costs related to the 2017 Concrete Road Repair Program,
such amount to be payable to AEW, 51301 Schoenherr Road, Shelby
Township, Michigan 48315; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
Section 2.04.140D3 of the Livonia Code of Ordinances, as amended,
since no advantage to the City would result from additional competitive
bidding, and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary; and the Mayor and City
Clerk are hereby authorized for and on behalf of the City of Livonia to
execute a contract extension with the aforesaid company, approved as to
form and substance by the Department of Law, and to do all other things
necessary or incidental to the full performance of this resolution.
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A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Jolly, White, Bahr, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the resolutions adopted.
Vice President Kritzman, as Chair of the Economic Development, Community
Outreach and Strategic Planning Committee, reported out on the meeting of
February 8, 2017.
A Request for Proposals to provide Professional Planning Services for
Preparation of a Comprehensive master Plan, re: subject matter of creating a
“Livonia Tomorrow” area, was received and placed on file for the information of
the Council.
On a motion by Kritzman, supported by Bahr, and unanimously adopted,
it was:
#73-17 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated February 8, 2017, submitted
pursuant to Council Resolution No. 35-12, regarding the subject matter of
creating a “Livonia Tomorrow” area, the Council does hereby determine
to take no further action with regard to this matter.
On a motion by Kritzman, supported by Bahr, and unanimously adopted,
it was:
#74-17 RESOLVED, that having considered the report and
recommendation of the Economic Development, Community Outreach
and Strategic Planning Committee, dated February 8, 2017, submitted
pursuant to Council Resolution No. 35-12, regarding the subject matter of
creating a “Livonia Tomorrow” area, the Council does hereby refer this
item to the Administration to propose the composition of a steering
committee and, along with the subject of a Comprehensive Master Plan,
refer to the Committee of the Whole for its report and recommendation.
President McIntyre, as Chair of the Committee of the Whole, reported out on the
meeting of February 8, 2017.
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On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#75-17 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 8, 2017,
submitted pursuant to Council Resolution No. 265-16, in connection with
creating a “Livonia Tomorrow” area, to nominate names of individuals to
comprise a stakeholder committee, the Council does hereby determine to
take no further action with regard to this matter.
A handout presented by Councilmember Jolly on questions that need to
be discussed and answered, re: the subject matter of neighborhood seed grants,
was received and placed on file for the information of the Council.
On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#76-17 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 8, 2017,
submitted pursuant to Council Resolution No. 03-17, regarding the subject
matter of neighborhood seed grants, the Council does hereby refer this
item to the Administration to manage the details and the awarding of the
neighborhood grant program.
On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#77-17 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated February 8, 2017,
submitted pursuant to Council Resolution No. 03-17, regarding the subject
matter of neighborhood seed grants, the Council does hereby determine
to take no further action with regard to this matter.
A communication from the Department of Law, dated February 24, 2017,
re: Proposed Amendment to Title 9 (Firearms and Dangerous Weapons) of the
Livonia Code of Ordinances, was received and placed on file for the information
of the Council.
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White took from the table, for second reading and adoption, the following
Ordinance:
AN ORDINANCE AMENDING SECTION 1 OF TITLE 9,
CHAPTER 94 (FIREARMS & DANGEROUS WEAPONS) OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, White, Bahr, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Brosnan took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTIONS 010, 020, 030 OF
TITLE 9, CHAPTER 88 (SALE OF TOBACCO PRODUCTS TO
MINORS) OF THE LIVONIA CODE OF ORDINANCES, AS
AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, White, Bahr, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Brosnan took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE AMENDING SECTION 22 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 2016-11-01-07)
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Regular Meeting Minutes of February 27, 2017
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Jolly, White, Bahr, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
On a motion by Jolly, supported by Bahr, and unanimously adopted, it
was:
#78-17 RESOLVED, that having considered a communication from
the City Engineer, dated January 24, 2017, which bears the signature of
the Director of Finance, is approved by the Director of Public Works, and
approved for submission by the Mayor, the Council does hereby approve
a one (1) year contract extension, at the unit prices from the 2016 Lane
Line Marking Contract (Contract 16-H), with R.S. Contracting Inc., 9276
Marine City Hwy., Casco, Michigan 48064, for the 2017 Lane Line Marking
Program (Contract 17-H) for the estimated total cost of $105,000.00 for
Fiscal Year 2017, Contract 17-H, based upon the Engineering Division’s
estimate of units involved (at 2016 unit bid prices) , and subject to a final
payment based upon the actual units completed in accordance with the
unit prices accepted herein, FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $105,000.00 for
Fiscal Year 2017 (Contract 17-H) from funds budgeted in Account No.
202-463-818-118 (Contractual Services – Lane Line Marking) for this
purpose; FURTHER, the Council does hereby authorize the action herein
without competitive bidding in accordance with Section 2.04.140D3 of the
Livonia Code of Ordinances, as amended, since no advantage to the City
would result from competitive bidding, and the City Engineer is hereby
authorized to approve minor adjustments in the work as it becomes
necessary; and the Mayor and City Clerk are hereby authorized for and
on behalf of the City of Livonia to execute a contract extension with the
aforesaid company, approved as to form and substance by the
Department of Law, and to do all other things necessary or incidental to
the full performance of this resolution.
On a motion by White, supported by Brosnan, and unanimously adopted,
it was:
#79-17 RESOLVED, that having considered the revised report and
recommendation of the City Engineer, dated February 22, 2017, approved
by the Director of Public Works, which bears the signature of the Director
of Finance and is approved for submission by the Mayor, the Council does
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hereby agree to extend Contract 16-A unit prices per agreement with
Nagle Paving Company, 36780 Amrhein, Livonia, Michigan 48150, to the
2017 Asphalt Road Repair Program (Contract 17-A), with the exception of
revised unit prices for bid items 1, 10, 11, 18, 40, 41, 43 and 44 (mostly
concrete and aggregate materials), as follows:
Item/Description Qty Unit Unit Price Amount
1. Mobilization, Max. 1 LS $85,000.00 $85,000.00
10. Subgrade Undercutting, Type 530 Cyd $20.00 $10,600.00
II, Modified
11. Subgrade Undercutting, Type 500 Cyd $20.00 $10,000.00
II, Special
18. Aggregate Base, 8 inch, 9394 Syd $9.65 $90,652.10
Modified
40. Driveway, Nonreinf Concrete 6 442 Syd $52.00 $22,984.00
inch
41. Curb and Gutter, 24 inch 4163 Ft $28.75 $119,686.25
43. Sidewalk Ramp, Concrete 6 3644 Sft $6.35 $23,139.40
inch
44. Sidewalk, Concrete, 4 inch 5074 Sft $6.35 $32,219.90
for the estimated total cost of $1,797,747.00, based on the bid unit prices
from 2016, Contract 16-A, and the agreed upon 130 inspector days based
on the recommendation of OHM Advisors (OHM), said amount to be
adjusted based upon the quantities of work actually completed and, in
addition, 11 items (comprising 6.3 percent of the bid amount) are added
to the contract that were necessary to complete the road repairs;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $1,797,747.00 for the 2017 Asphalt Road Repair
Program (Contract 17-A) from funds already budgeted in the following
accounts for this purpose:
Account No. 204-463-818-110 (Reconstruction) $ 623,000.00
Account No. 204-463-818-112 (Rehabilitation) $1,017,000.00
Account No. 204-463-818-114 (Maintenance) $ 60,000.00
FURTHER, the Council does hereby appropriate and authorize an
expenditure in an amount not to exceed $97,747.00 from the unexpended
fund balance of the Road, Sidewalk and Tree Fund (204), in addition to
the funds in the amount of $1,700,000.00 already budgeted in the
accounts listed above, such amount to be placed in Account No. 204-463-
818-112 (Rehabilitation); FURTHER, the Council does hereby appropriate
and authorize an expenditure in an amount not to exceed $224,718.35
from the Road, Sidewalk and Tree Fund, Account No. 204-441-818-102,
for Construction Engineering costs related to the 2017 Asphalt Road
Repair Program, such amount to be payable to OHM at 34000 Plymouth
Road, Livonia, Michigan 48150; FURTHER, the Council does hereby
authorize the action herein without competitive bidding in accordance with
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Regular Meeting Minutes of February 27, 2017
Section 2.04.140D2b of the Livonia Code of Ordinances, as amended,
since no advantage to the City would result from competitive bidding, and
the City Engineer is hereby authorized to approve minor adjustments in
the work as it becomes necessary; and the Mayor and City Clerk are
hereby authorized for and on behalf of the City of Livonia to execute a
contract extension with the aforesaid company, approved as to form and
substance by the Department of Law, and to do all other things necessary
or incidental to the full performance of this resolution.
A communication from the Director of Planning & Economic Development,
dated February 16, 2017, re: Petition 2016-12-02-25, was received and placed
on file for the information of the Council.
A communication from Councilmember Brian Meakin, dated February 22,
2017, re: Petition 2016-12-02-25, was received and placed on file for the
information of the Council.
At the direction of the Chair, Item No. 23 was removed from the Agenda.
The 02 Section Detail, received by the City Planning Commission on
February 15, 2017, re: Petition 2017-01-08-01, was received and placed on file
for the information of the Council.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, it was:
#80-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 25, 2017, which transmits
its resolution #01-09-2016, adopted on January 24, 2017, with regard to
Petition 2017-01-08-01, submitted by Michigan Management Team, on
behalf of Wendy’s, to remodel the exterior of the existing restaurant
located on the north side of Grand River Avenue between Inkster Road
and Eight Mile Road (27526 Grand River Avenue) in the Northeast 1/4 of
Section 1, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2017-01-08-01 is hereby approved and
granted, subject to the following conditions:
1. That the rendered elevation drawing received by the Planning
Commission on January 23, 2017, is hereby approved and shall be
adhered to, except as modified below;
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Regular Meeting Minutes of February 27, 2017
2. That either matching brick or burnished block shall be provided at
the base of the pick-up windows in lieu of painted split face CMU;
3. That all rooftop mechanical equipment shall be concealed from
public view on all sides by either the parapet walls or screening that
shall be of a compatible character, material and color to other
exterior materials on the building;
4. That the issues as outlined in the correspondence dated January
17, 2017, from the Director of Inspection, including repairing the
existing dumpster enclosure, and repairing, resealing and
restriping the parking lot, shall be resolved to the satisfaction of the
Inspection Department;
5. That the Architectural Site Plan prepared by Shremshock, marked
sheet AS1.1 as received by the Planning Commission on January
23, 2017, is hereby approved and shall be adhered to, including
the installation of all landscaping as shown on the plan, and shall
be completed prior to obtaining a full occupancy permit from the
Inspection Department;
6. Than any changes that have the effect of increasing the total area
of the wall or monument signs beyond what currently exists shall
be separately submitted for review and approval by the Zoning
Board of Appeals;
7. Except for the prefinished aluminum light box along the top edge of
the parapet that would offer a downcast illumination of the building,
no LED light band or exposed neon shall be permitted on this site
including, but not limited to, the building or around the windows;
8. 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
9. Pursuant to Section 19.10 of Ordinance No. 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 the City Council, and
unless a building permit is obtained and construction is
commenced, this approval shall be null and void at the expiration
of said period.
On a motion by Brosnan, supported by Bahr, it was:
RESOLVED, that having considered a communication from the
City Planning Commission, dated January 25, 2017, which transmits its
resolution #01-10-2016, adopted on January 24, 2017, with regard to
Petition 2017-01-08-02, submitted by Middlebelt Plaza L.P., to remodel
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Regular Meeting Minutes of February 27, 2017
the exterior of the commercial strip center (Middlebelt Plaza) located on
the east side of Middlebelt Road between Pickford Avenue and Seven
Mile Road (18730-18790 Middlebelt Road), in the Northwest 1/4 of
Section 12, the Council does hereby concur in the recommendation of
the Planning Commission and Petition 2017-01-08-02 is hereby
approved and granted, subject to the following conditions:
1. That the Exterior Elevation & Wall Sections plan marked Sheet
No. A1.0 dated January 5, 2017, prepared by A. Lane
Architecture, is hereby approved and shall be adhered to;
2. That the issues as outlined in the correspondence dated January
17, 2017, from the Director of Inspection, including repairs to the
parking lot and curbs, repairing and painting any damaged light
poles, properly locating and/or screening the trash receptacles,
and repairing or replacing sections of the protective wall along the
east property line, including painting the bollards, shall be
resolved to the satisfaction and within a time frame agreeable to
the Inspection Department;
3. That the Petitioner shall be allowed to remove a total of only three
(3) trees, including two (2) located adjacent to the building and
one (1) on the north side of the property adjacent to Clarita Ave;
4. That where applicable, the rear and sides of the building shall be
scraped and repainted;
5. 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;
6. 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;
7. 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;
8. 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
9. 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,
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Regular Meeting Minutes of February 27, 2017
and unless a building permit is obtained, this approval shall be
null and void at the expiration of said period.
Vice President Kritzman called the Petitioner, Robert Halberg, 1890 Encore
Lane, Ann Arbor to the podium to answer questions on the proposed project.
Following discussion by Council Brosnan withdrew her motion.
On a motion by Bahr, supported by Jolly, it was:
RESOLVED, that having considered a communication from the
City Planning Commission, dated January 25, 2017, which transmits its
resolution #01-10-2016, adopted on January 24, 2017, with regard to
Petition 2017-01-08-02, submitted by Middlebelt Plaza L.P., to remodel
the exterior of the commercial strip center (Middlebelt Plaza) located on
the east side of Middlebelt Road between Pickford Avenue and Seven
Mile Road (18730-18790 Middlebelt Road), in the Northwest 1/4 of
Section 12, the Council does hereby concur in the recommendation of the
Planning Commission and Petition 2017-01-08-02 is hereby approved and
granted, subject to the following conditions:
1. That the Exterior Elevation & Wall Sections plan marked Sheet No.
A1.0 dated January 5, 2017, prepared by A. Lane Architecture, is
hereby approved and shall be adhered to;
2. That the issues as outlined in the correspondence dated January
17, 2017, from the Director of Inspection, including repairs to the
parking lot and curbs, repairing and painting any damaged light
poles, properly locating and/or screening the trash receptacles, and
repairing or replacing sections of the protective wall along the east
property line, including painting the bollards, shall be resolved to
the satisfaction and within a time frame agreeable to the Inspection
Department;
3. That the Petitioner shall be allowed to remove a total of only three
(3) trees, including two (2) located adjacent to the building and one
(1) on the north side of the property adjacent to Clarita Ave;
4. That where applicable, the rear and sides of the building shall be
scraped and repainted;
5. 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;
6. 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;
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Regular Meeting Minutes of February 27, 2017
7. 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;
8. 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
9. Pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a period
of ONE YEAR ONLY from the date of approval by City Council, and
unless a building permit is obtained, this approval shall be null and
void at the expiration of said period.
Following discussion by Council, a substitute motion was made by Kritzman,
supported by Brosnan
#81-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 25, 2017, which transmits
its resolution #01-10-2016, adopted on January 24, 2017, with regard to
Petition 2017-01-08-02, submitted by Middlebelt Plaza L.P., to remodel
the exterior of the commercial strip center (Middlebelt Plaza) located on
the east side of Middlebelt Road between Pickford Avenue and Seven
Mile Road (18730-18790 Middlebelt Road), in the Northwest 1/4 of
Section 12, the Council does hereby refer this item to the Committee of
the Whole for its report and recommendation.
with the following result:
AYES: Jolly, White, Bahr, Kritzman, Brosnan and McIntyre
NAYS: None
The President declared the resolution adopted.
On a motion by Brosnan, supported by White, and unanimously adopted,
it was:
#82-17 RESOLVED, that having considered a communication from
the Fire Chief, dated February 13, 2017, approved for submission by the
Mayor, the Council does, for and on behalf of the City of Livonia, accept
the donation of ten (10) pet oxygen mask kits from Invisible Fence, 29242
Lyon Oaks Drive, Wixom, MI 48393, for resuscitating pets after being
rescued from structure fires.
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Regular Meeting Minutes of February 27, 2017
Councilmember White detailed the history of the donation made by Invisible
Fence and thanked them for their generosity.
Chief Whitehead echoed Councilmember White’s comments about Invisible
Fence and also thanked her for her initiative in securing the donation.
On a motion by Brosnan, supported by White, and unanimously adopted,
it was:
#83-17 RESOLVED, that having considered a communication from
the Director of Human Resources, dated February 16, 2017, which bears
the signature of the Director of Finance and is approved for submission
by the Mayor, and which transmits resolution #17-31 adopted by the Civil
Service Commission on February 15, 2017, wherein it is recommended
that the proposed agreement between the City of Livonia and the
AFSCME Union Local 192, as summarized in the attachment to the
aforesaid communication, be approved for the period December 1, 2016
through November 30, 2019, and the necessary amendments to the
Compensation Plan and the Health Insurance Plan be adopted so as to
effectuate the provisions set forth in the aforesaid agreement, the Council
does hereby approve of and concur in the aforesaid action of the Civil
Service Commission; and the Mayor and City Clerk are hereby requested
to affix their signatures to the said contract, for and on behalf of the City
of Livonia, and to do all other things necessary or incidental to the full
performance of this resolution.
On a motion by Brosnan, supported by White, and unanimously adopted,
it was:
#84-17 RESOLVED, that having considered a communication from
the Director of Human Resources, dated February 16, 2017, which bears
the signature of the Director of Finance and approved for submission by
the Mayor, and which transmits resolution #17-32 adopted by the Civil
Service Commission on February 15, 2017, wherein it is recommended
that the proposed agreement between the City of Livonia and the
AFSCME Union Local 1917, as summarized in the attachment to the
aforesaid communication, be approved for the period December 1, 2016
through November 30, 2019, the Council does hereby approve of and
concur in the aforesaid action of the Civil Service Commission; and the
Mayor and City Clerk are hereby requested to affix their signatures to the
said contract, for and on behalf of the City of Livonia, and to do all other
things necessary or incidental to the full performance of this resolution.
On a motion by Brosnan, supported by White, and unanimously adopted,
it was:
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Regular Meeting Minutes of February 27, 2017
#85-17 RESOLVED, that having considered a communication from
the Human Resources Director, dated February 16, 2017, which bears the
signature of the Director of Finance and is approved for submission by the
Mayor, and which transmits resolution #17-33 adopted by the Civil Service
Commission on February 15, 2017, and which recommends certain salary
and fringe benefit adjustments for non-represented City of Livonia
employees, for the period December 1, 2016 through November 30, 2019,
which are as follows:
1. Wage adjustments:
a. Effective December 1, 2016 – 2%
b. Effective December 1, 2017 – 2%
c. Effective December 1, 2018 – 3%
2. Clarification that accrued sick leave paid out at termination of
employment, for employees who participate in the Retirement
Heath Savings Plan (RHSP), shall be paid into the employee’s
RHSP account.
3. Increase vacation time accrual for employees with 1-5 years of
service from 6 hours per month (72 hours per year) to 7 hours per
month (84 hours per year).
4. Increase optical reimbursement for the alternate plan from $200 to
$300 per family, once every two years, and increase in dental
reimbursement from $800 to $850 per family per year.
5. Add language to allow employees to utilize online primary care
visits at ½ the cost of the regular office visit co-pay.
6. Increase City’s contribution to RHSP participants’ accounts from
$60 per bi-weekly pay to $70 per bi-weekly pay (part-time
employee increase from $30 to $35), effective upon ratification.
7. Move from an annual health insurance opt-out payment to a
monthly opt-out payment.
8. Clarification that short-term disability benefits cease upon
termination of employment.
9. Increase City’s contribution to the defined contribution plan, for
defined contribution plan participants hired after March 17, 1997,
from 8% of wages to 9% of wages, and increase employee’s
contribution, for all defined contribution plan participants, from
3.1% of wages to 4% of wages.
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Regular Meeting Minutes of February 27, 2017
10. Add new provision to allow City to implement a voluntary employee
benefit program which allows employees to voluntarily purchase
additional benefit coverage through payroll deduction.
11. Clarification regarding City’s right to deduct money owed to City
from employee’s final pay.
12. One hundred dollars ($100) to non-represented employees in
Clerical positions, in the form of a voucher, which much be used to
purchase department-approved apparel.
The Council does hereby concur in and approve of the aforesaid action in
the manner and form herein submitted.
Denise Maier, Director of Human Resources, spoke on the negotiations with the
various unions and thanked them for their professionalism.
On a motion by Brosnan, supported by Kritzman, and unanimously
adopted, it was:
#86-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 15, 2017, which
bears the signature of the Director of Public Works and the Director of
Finance, is reviewed as to form by the City Attorney, and approved for
submission by the Mayor, to which is attached revised pages 2-7 and 9 to
the MDOT Contract for the Amrhein Road Reconstruction Project,
approved and adopted by City Council on February 13, 2017, pursuant to
Council Resolution No. 46-17, to allow for 81.85% reimbursement of
construction engineering costs which was not part of the original contract,
the Council does hereby authorize the Mayor and City Clerk, for and on
behalf of the City of Livonia, to execute the revised contract in the manner
and form herein submitted.
Todd Zilincik, City Engineer, spoke on the above issue.
On a motion by Jolly, supported by White, and unanimously adopted, it
was:
#87-17 RESOLVED, that having considered a communication from
the City Engineer, dated February 15, 2017, approved by the Director of
Public Works, which bears the signature of the Director of Finance, and is
approved for submission by the Mayor, to which is attached a
communication from United Resource, LLC, dated February 15, 2017, the
Council does hereby accept the bid of United Resource, L.L.C., 32900
Capitol Street, Livonia, MI 48150 for additional work related to sewer
40128
Regular Meeting Minutes of February 27, 2017
closed circuit video inspections and cleaning for two additional areas in
the City, for an amount not to exceed $50,000.00, utilizing the bid unit
prices from the sanitary sewer closed circuit video inspections – Contract
15-L and based upon the Engineering Division’s estimate of units involved
(at 2015 unit bid prices), and subject to a final payment based upon the
actual units completed in accordance with the unit prices accepted herein;
FURTHER, the Council does hereby authorize an appropriation and
expenditure in an amount not to exceed $50,000.00 from the Unexpended
Fund Balance of the Water and Sewer Fund (592) for this purpose;
FURTHER, the Council does hereby authorize the action herein without
competitive bidding in accordance with Section 2.04.140D3 of the Livonia
Code of Ordinances, as amended, since the vendor has agreed to honor
2015 prices, so no advantage to the City would result from competitive
bidding, and the City Engineer is hereby authorized to approve minor
adjustments in the work as it becomes necessary.
Councilmember Brosnan questioned Zilincik on the details of the above project.
On a motion by Brosnan, supported by Jolly, and unanimously adopted, it
was:
#88-17 RESOLVED, that having considered a communication from
the City Attorney and the Director of Building Inspection, dated January
20, 2017, approved for submission by the Mayor, which is being submitted
pursuant to Council Resolution #04-17, re: amending Section 165 of Title
15, Chapter 32 (Property Maintenance Code) of the Livonia Code of
Ordinances, as amended, to reflect new technology on current lighting of
residential property, the Council does hereby determine to take no further
action with regard to this matter.
There was no Audience Communication at the end of the meeting.
Councilmember Brosnan congratulated her son Rory for being selected as one
of the Court of St. Bridget’s scholarship recipients, citing that this year was the
first time it was opened up for male applicants.
On a motion by Bahr, supported by Jolly, and unanimously
adopted, this 1,819th Regular Meeting of the Council of the City of Livonia was
adjourned at 8:21 p.m. on February 27, 2017.
___________________
Susan M. Nash, City Clerk