HomeMy WebLinkAboutMINUTES 2017-03-27
Revised 4/5/2017
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND TWENTY-FIRST
REGULAR MEETING OF MARCH 27, 2017
On March 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 Brian Meakin along
with Daisy Troop 6293 led the meeting in the Pledge.
Roll was called with the following result: Brian Meakin, Brandon
Kritzman, Maureen Miller Brosnan, Jim Jolly, Cathy White, Scott Bahr and
President Kathleen McIntyre. Absent: None.
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; Ted Davis, Superintendent of Parks and Recreation; Curtis
Caid, Chief of Police; Lynda Scheel, Treasurer and Mayor Dennis Wright.
On a motion by Brosnan, supported by Jolly, it was:
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#102-17 RESOLVED, that the minutes of the 1820 Regular
Meeting of Council held March 13, 2017 are approved as
submitted.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Meakin, Kritzman, Brosnan, Jolly and Bahr
NAYS: None
PRESENT: White and McIntyre
The President declared the resolution adopted.
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President McIntyre wished Councilmember Cathy White a happy birthday.
Vice President Kritzman wished President McIntyre a happy belated birthday.
President McIntyre stated there is new data on Items 4, 5, 16, 18 and 19.
Councilmember Bahr talked about his opportunity to read to a second grade
class at Roosevelt Elementary School and that he was presented with a
handmade book from the class with each student drawing a picture identifying
what they loved about Livonia.
Councilmember Jolly thanked Daisy Troop 6293 from Hoover Elementary School
for leading the meeting with the Pledge and stated his daughter Lexie is one of
the members and talked about the many wonderful experiences they have had
in learning about Livonia.
President McIntyre spoke about The Senior Alliance and their role in helping two
of their clients, both of whom are disabled, from Livonia during the power outage
earlier this month and thanked them for their assistance during that time.
During Audience Communication Katy Rogowicz, 16067 Alpine Drive, informed
Council about the issues she and her family have dealt with since moving to
Livonia and detailed the events and indicated that they will be moving out of the
City in the next thirty to sixty days.
President McIntyre and Vice President Kritzman both stated that they are
accessible to residents to hear about these types of issues and indicated that
they were sorry to hear about her experiences.
Mark Boyd, 14719 Ronnie Lane, Livonia, expressed his concern about the golf
balls being hit out of Idyl Wyld Golf Course into neighboring residences and
streets.
Gina Steward, President, Western Wayne County Branch of the NAACP, 10748
W. Jefferson, Detroit, Michigan, addressed Council. She invited them to come
out and attend their meetings. They meet the second Monday of the month at
Faith Ministries Church, 27500 Marquette, Garden City, Michigan from 7pm –
8:30pm. She gave an update of their current events and said if anyone would like
further information, she can be contacted at (313) 949-3133.
Jim Baringhaus, 37594 Southampton, Livonia, Chairperson, Greenleaf
Commission, addressed Council and expressed his thanks for all the support. He
also noted the other members of the Greenleaf Commission present in the
audience this evening.
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President Brosnan invited citizens to join in the commemoration planned by the
Tree City Committee at Hoover Elementary School at 1:30 p.m. on Friday, April
28, 2017.
On a motion by Bahr, supported by White, it was:
#103-17 WHEREAS, in 1872, J. Sterling Morton proposed to the
Nebraska Board of Agriculture that a special day be set aside for the planting of
trees; and
WHEREAS, this holiday, called Arbor Day, was first observed with the
planting of more than a million trees in Nebraska, and Arbor Day is now
observed throughout the nation and the world; and
WHEREAS, trees reduce the erosion of our precious topsoil by wind and
water, cut heating and cooling costs, moderate the temperature, clean the
air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our
homes, fuel for our fires, and countless other wood products; and
WHEREAS, trees in our City increase property values, enhance the
economic vitality of business areas, and beautify our community; and
WHEREAS, trees, wherever they are planted, are a source of joy and
spiritual renewal; and
WHEREAS, Livonia has been recognized as a Tree City USA by The
National Arbor Day Foundation for the last seventeen years and desires
to continue its tree-planting practices.
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and members of
the City Council of the City of Livonia hereby proclaim Friday, April 28,
2017, as Arbor Day in the City of Livonia, and urge all citizens to celebrate
Arbor Day and to support efforts to protect our trees and woodlands; and
FURTHER, we urge all citizens to plant trees to promote the well-being of
this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at
Hoover Elementary School at 1:30 p.m. on April 28, 2017.
BE IT FURTHER RESOLVED that copies of this resolution be sent to
Governor Rick Snyder, State Senator Patrick Colbeck, State
Representative Jewell Jones, State Representative Laura Cox, the
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Michigan Municipal League State and Federal Affairs Division, and the
Conference of Western Wayne.
#104-17 RESOLVED, that having considered a communication from
the Office of the Mayor, dated February 28, 2017, which bears the
signature of the Director of Finance, to which is attached a Memorandum
from the Human Resources Director, dated February 28, 2017, which
recommends certain salary and fringe benefit adjustments for City
Department Heads consistent with those recently approved 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 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.
4. Add language to allow employees to utilize online primary care
visits at ½ the cost of the regular office visit co-pay.
5. 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.
6. Move from an annual health insurance opt-out payment to a
monthly opt-out payment.
7. Clarification that short-term disability benefits cease upon
termination of employment.
8. 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.
9. 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.
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10. Clarification regarding City’s right to deduct money owed to City
from employee’s final pay.
The Council does hereby concur in and approve of the aforesaid action in the
manner and form herein submitted.
A communication from the Office of the City Clerk, re: forwarding a
communication from Tammy Bonifield, Secretary of the Board of Education,
Livonia Public Schools, requesting the City to continue to collect one-half of the
District’s taxes with the summer tax collection, and the remaining one-half with
the winter tax collection, commencing July 1, 2017, was received and placed on
file for the information of the Council.
#105-17 WHEREAS, the City of Livonia supports the submission of
an application titled, “Rotary Park Universal Playground Project” to the
Michigan Natural Resources Trust Fund for development of a Universal
Playground at Rotary Park; and,
WHEREAS, the proposed application is supported by the Community’s 5-
Year Approved Parks and Recreation Plan; and,
WHEREAS, Livonia Rotary has made a financial commitment to the
project in the amount of $50,000.00 matching funds, in cash; and,
WHEREAS, Healthy Livonia Steering Committee has made a financial
commitment to the project in the amount of $100,000.00 matching funds,
in cash; and,
WHEREAS, if the grant is awarded the applicant commits its local match
and donated amounts from the following source:
Livonia Rotary $ 50,000.00
Heathy Livonia $100,000.00
Total $150,000.00
NOW THEREFORE, BE IT RESOLVED that the City of Livonia hereby
authorizes submission of a Michigan Natural Resources Trust Fund
Application for $300,000.00 and further resolves to make available a local
match through financial commitment and donation of $150,000.00
(33.33%) of a total $450,000.00 project cost, during 2018-2019 fiscal year.
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A communication from Department of Recreation, dated March 22, 2017,
re: Support of Rotary Park Universal Playground Project, MNRTF Grant
Application, was received and placed on file for the information of the Council.
#106-17 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated February 23, 2017,
which bears the signature of the Director of Finance and the City Attorney,
and is approved for submission by the Mayor, requesting to adopt a
resolution for the Michigan Department of Natural Resources Trust Fund
Grant (MNRTF) for the Rotary Park Universal Playground Project to
develop a playground area that will provide an opportunity for all people,
regardless of ability, to enjoy, with a 33.33% match which will be made
from donations of $150,000.00 from the Livonia Rotary Club, the Council
does hereby refer this item to the Administration for its report and
recommendation regarding accessibility to other parks.
#107-17 WHEREAS, the City of Livonia supports the submission
of an application titled, “Botsford Pool Activity Feature Project” to the
Recreation Passport Grant Program for development of Activity
Water Features at Botsford Pool; and
WHEREAS, the proposed application is supported by the current Annual
Recreation Capital Improvement plan; and
WHEREAS, Wayne County has made a financial commitment to the
project in the amount of $50,000.00 matching funds, from the Wayne
County Parks Millage; and
WHEREAS, if the grant is awarded the applicant commits its local match
and donated amounts from the following source:
Wayne County $50,000.00
NOW THEREFORE, BE IT RESOLVED that the City of Livonia hereby
authorizes submission of a Recreation Passport Grant Program
application for $75,000.00 and further resolves to make available a local
match through financial commitment and donation of $50,000.00
(41.67%) of a total $120,000.00 project cost, during 2018-2019 fiscal year.
#108-17 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated February 22, 2017, 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
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Maintenance Section) with aggregate materials specified at the unit prices
bid for the 2017 calendar year requirements:
1. Edward C. Levy, 8800 Dix Avenue, Detroit, MI 48209
M.D.O.T. – 21AA – Limestone – D.T.Y. $12.20/ton
2. Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170
M.D.O.T. – 22A – D.T.Y. $13.40/ton
3. Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193
W.C.D.P.S. – 30A (Blast Furnace Slag) – D.T.Y. $12.90/ton
M.D.O.T. – 2NS – Natural Sand - D.T.Y. $12.62/ton
1” to 3” Crushed Concrete – D.T.Y. $10.25/ton
4. Farmer and Underwood, 7401 Rawsonville Road, Belleville, MI
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M.D.O.T. – Class I – D.T.Y. $14.78/ton
M.D.O.T. – Class II – D.T.Y. $ 6.97/ton
M.D.O.T. – 2MS – Mortar Sand – D.T.Y. $10.82/ton
M.D.O.T. – 60-40 Washed–Conc. Aggregates-D.T.Y. $14.18/ton
M.D.O.T. – 6A Natural Stone – D.T.Y. $14.63/ton
Ag-Lime – “Parks” – D.T.Y. $17.13/ton
FURTHER, in the event the aforesaid low bidders are unable to furnish
the materials, the Council does hereby accept the following second lowest
bids, which also meet specifications, as alternates for supplying the Public
Service Division (Road Maintenance Section) with the materials specified
at the unit prices bid for the 2017 calendar year requirements:
1. Ellsworth Industries, P.O. Box 5366, Plymouth, MI 48170
M.D.O.T. – 21AA – Limestone – D.T.Y. $12.65/ton
M.D.O.T. – Class II – D.T.Y. $ 7.15/ton
M.D.O.T. – 2NS – Natural Sand - D.T.Y. $12.95/ton
Ag-Lime – “Parks” – D.T.Y. $17.45/ton
2. Edward C. Levy, 8800 Dix Avenue, Detroit, MI 48209
M.D.O.T. – 22A – D.T.Y. $13.43/ton
W.C.D.P.S. – 30A (Blast Furnace Slag) – D.T.Y. $15.20/ton
3. Freeport Supply Co., 20091 Pennsylvania, Brownstown, MI 48193
M.D.O.T. – Class I – D.T.Y. $16.00/ton
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M.D.O.T. – 60-40 Washed–Conc. Aggregates-D.T.Y. $16.00/ton
M.D.O.T. – 6A Natural Stone – D.T.Y. $15.00/ton
4. Jackies Transport, 7811 Chubb Road, Northville, MI 48168
M.D.O.T. – 2MS – Mortar Sand – D.T.Y. $11.49/ton
1” to 3” Crushed Concrete – D.T.Y.
$10.88/ton
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 work as it
becomes necessary.
#109-17 RESOLVED, that having considered a communication from
the Director of Public Works, dated March 1, 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 the Fleet Manager,
dated February 28, 2017, the Council does hereby authorize the purchase
of two (2) 2018 Freightliner Single Axle Dump Trucks with Plows and Salt
Spreaders, Model 108SD, through the Rochester Hills Co-op Award
Agreement, as replacement vehicles in the Public Service Division’s fleet,
from Wolverine Freightliner, 107 S. Groesbeck, Mt. Clemens, Michigan
48043, at a cost of $90,678.00 each, for a total cost of $181,356.00, and
the outfitting of said vehicles by Truck and Trailer Specialties, Inc., 1200
Victory Drive, Howell, Michigan 48843, at a cost of $81,526.00 each, for
a total cost of $163,052.00, for a grand total not to exceed $344,408.00;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $344,408.00 from funds budgeted in Account No.
401-000-985-010 (Capital Outlay Account/Roads Maintenance Section);
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as the same is based
upon the low Rochester Hills Co-Op pricing; and no advantage to the City
would result from competitive bidding and/or such action is taken in
accordance with the provisions set forth in Section 3.04.140D4 of the
Livonia Code of Ordinances, as amended; FURTHER, the Council does
hereby authorize the disposal of the replaced vehicles at public auction
after receipt of the new vehicles.
#110-17 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated February 27,
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 Ford Transit Cargo Van, at a cost of $24,955.00,
from Signature Ford, 1960 E. Main Street, Owosso, Michigan 48867; and
the outfitting of said vehicle by Cannon Truck Equipment, 51761 Danview
Technology Ct., Shelby Township, Michigan 48315, at a cost of
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$1,829.00, for a total amount not to exceed $26,784.00, to replace a
vehicle used by the Fleet Maintenance Section, the same to be expended
from funds already budgeted for this purpose in the Capital Outlay Budget
Account No. 401-000-985-010; FURTHER, the Council does hereby
determine to authorize purchasing the said vehicle without competitive
bidding inasmuch as the same is based upon the low State of Michigan
bid price under Contract No. 071B1300009 for the new vehicle purchase;
and the low State of Michigan MI-Deal bid price under Contract No.
071B2200263 for the outfitting of said vehicle, 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 vehicle at public auction
hosted by the Michigan Inter-governmental Trade Network (MITN) or
commercial auction after receipt of the new vehicle.
#111-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated February 27, 2017, 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 proposed Agreement between the
City of Livonia and Spalding DeDecker Associates, Inc., 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,
approved as to form and substance by the Department of Law, between
the City of Livonia and Spalding Dedecker Associates, Inc. (SDA), 905
South Boulevard East, Rochester Hills, Michigan 48307, to provide design
engineering services for the Stark Road Rehabilitation and Partial
Reconstruction Project (Schoolcraft Road to Lyndon Road), in an amount
not to exceed $32,625.00; FURTHER, the Council does hereby authorize
an appropriation and expenditure in an amount not to exceed $32,625.00
from Account No.: 204-441-818-102 for this purpose, and the City
Engineer is hereby authorized to approve minor adjustments in the work,
as it becomes necessary.
#112-17 RESOLVED, that having considered a communication from
the City Engineer, dated March 6, 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 authorize
and accept the offer of Joe Rotondo Construction Corp., 38807 Ann Arbor
Road, Suite 2, Livonia, Michigan 48150, for completing all work required
in connection with the 2017 Sidewalk Repair Program (Contract 17-G) by
extending their contract 16-G unit prices for Contract 17-G, with the
exception of revised unit prices for bid items 1, 2, 3, 4, 8 and 9 (concrete
sidewalk of various thickness of 4, 6 or 8-inches, along with 7-inch road
pavement, and placement of 6-inch ada ramps consisting of a 4’ x 2’ or 5’
x 2’ insert) and agreed upon inspector days of 50 based upon the
Engineering Division's estimate of units involved and subject to a final
payment based upon the actual units completed in accordance with the
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unit prices accepted herein, for a total amount not to exceed $608,772.58,
which includes a 10% administrative fee ($55,342.97), the contract
amount of $548,429.61, and the saw cutting portion of the project
($5,000.00), which will be handled by and paid to Precision Concrete, Inc.,
as set forth below; FURTHER, such action is taken without competitive
bidding for the reasons that A) concrete material prices have risen rapidly
and this bid largely protects the City from such increases; B) information
from other communities’ bidding procedures indicates that these prices
are favorable for the City, and C) the Rotondo firm won the City’s
competitive bids in 2006-2011 and again in 2013-2016, such that there
are ample reasons to waive competitive bidding under Code of
Ordinances Section 4.04.140D3; FURTHER, the Council does hereby
authorize a payment in an amount not to exceed $5,000.00 to Precision
Concrete Inc., 1896 Goldeneye Drive, Holland, Michigan 49424 for the
saw cutting portion of the contract and does hereby authorize an
expenditure in an amount not to exceed $5,000.00 from funds already
budgeted in Account No. 204-441-977-010 for this purpose; FURTHER,
the Council does hereby authorize an advance in the amount of
$134,706.96 (single lot assessments portion of the program) from the
Road, Sidewalk and Tree Fund, provided that this fund be reimbursed
from that portion of the project which is to be financed by special
assessment at such time as funds are subsequently received from the
payment of bills and assessments by affected property owners;
FURTHER, the Council does hereby authorize an advance in the amount
of $2,062.50 (utility damaged sidewalk) from the Road, Sidewalk and Tree
Fund with the provision that this fund be reimbursed at such time as funds
are subsequently received for the payment of the bills from the affected
utilities; FURTHER, the Council does hereby authorize an expenditure in
the amount of $5,300.00 from funds budgeted in Account No. 202-451-
977-010 (Major Road – Distributed Sidewalk Cost) and $61,400.00 from
funds budgeted in Account No. 203-451-977-010 (Local Road- Distributed
Sidewalk Cost) to cover the costs related to the construction or
reconstruction of handicap ramps at major and local roads; FURTHER,
the Council does hereby authorize an expenditure of $25,303.12 from the
Unexpended Fund Balance of the Water and Sewer Fund (592) for
sidewalk work adjacent to and including water, storm and sanitary
structure repairs; FURTHER, the Council does hereby authorize an
expenditure of $450,000.00 to repair sidewalks heaved by tree roots from
funds budgeted in the Road, Sidewalk and Tree Fund (Account No. 204-
441-977-010 Distributed Sidewalk Cost), for the 2017 Sidewalk Repairs
of which $382,062.50 is programmed at this time and the remaining
balance of $67,937.50 is to be utilized for any repairs for sidewalks heaved
by tree roots that are 2” or more; 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 to execute
a contract 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.
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#113-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 2, 2017, which bears
the signature of the Director of Finance, is approved by the Director of
Public Works and is approved for submission by the Mayor, the Council
does hereby accept the offer of Rotondo Construction Corporation, 38807
Ann Arbor Road, Suite 2, Livonia, MI 48150 to extend their Contract 16-J
unit prices for Contract 17-J, with the exception of revised unit prices for
bid items 1, 2, 3 and 4 (concrete pavement of various thickness of 4-inch
and 6-inch concrete approaches, 7-inch concrete roadway and 8-inch
concrete curb and gutter) in completing all work required in connection
with the 2017 Concrete Road Selective Slab Replacement Program –
Contract 17-J, based upon the Engineering Division's estimate of units
involved and subject to a final payment based upon the actual units
completed in accordance with the unit prices accepted herein, for a total
amount not to exceed $130,000.00; FURTHER, such action is taken
without competitive bidding for the reasons that A) concrete material
prices have risen rapidly and this bid largely protects the City from such
increases; B) information from other communities’ bidding procedures
indicates that these prices are favorable for the City, and C) the Rotondo
firm won the City’s competitive bid in 2016, such that there are ample
reasons to waive competitive bidding under Code of Ordinances Section
4.04.140D3; FURTHER, the Council does hereby authorize an
expenditure in an amount not to exceed $130,000.00 from Account No.
204-463-818-119 (Contractual Services – Pavement & Catch Basin
Repair) for this purpose; FURTHER, the Council does hereby authorize a
budget transfer in an amount not to exceed $30,000.00 from funds
budgeted in Account No. 204-781-047 (Forestry-Contractual Services -
Tree Replacement) to Account No. 204-463-818-119 (Contractual
Services – Pavement & Catch Basin Repair) for this purpose; FURTHER,
the City Engineer is hereby authorized to approve any minor adjustments
in the work as completed; 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.
#114-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 2, 2017, 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 owner of the
property located at 36475 Five Mile Road, Livonia, Michigan, the Council
does hereby determine as follows:
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1. To advise th’e 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 south side of Five Mile Road,
west of Levan Road, for the St. Mary Hospital Improvements –
Phase 3 at 36475 Five Mile Road located in the Northwest 1/4 of
Section 20. (See attached maintenance agreement from the owner
Trinity Health-Michigan, dba Saint Joseph Mercy Health System
(“Hospital”), 5301 East Huron River Drive, Ann Arbor, Michigan
48106, 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;
3. To authorize the Mayor and the City Clerk to execute the
maintenance agreement on behalf of the City.
#115-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 2, 2017, 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 owner of the
property located at 36475 Five Mile Road, Livonia, Michigan, the Council
does hereby determine as follows:
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 south side of Five Mile Road,
west of Levan Road, for the St. Mary Hospital Improvements –
Phase 4 at 36475 Five Mile Road located in the Northwest 1/4 of
Section 20. (See attached maintenance agreement from the owner
Trinity Health-Michigan, dba Saint Joseph Mercy Health System
(“Hospital”), 5301 East Huron River Drive, Ann Arbor, Michigan
48106, 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;
3. To authorize the Mayor and the City Clerk to execute the
maintenance agreement on behalf of the City.
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#116-17 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated March 2, 2017, 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 owner of the
property located at 36475 Five Mile Road, Livonia, Michigan, the Council
does hereby determine as follows:
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 south side of Five Mile Road,
west of Levan Road, for the St. Mary Hospital Improvements –
Phase 5 at 36475 Five Mile Road located in the Northwest 1/4 of
Section 20. (See attached maintenance agreement from the owner
Trinity Health-Michigan, dba Saint Joseph Mercy Health System
(“Hospital”), 5301 East Huron River Drive, Ann Arbor, Michigan
48106, 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;
3. To authorize the Mayor and the City Clerk to execute the
maintenance agreement on behalf of the City.
A roll call vote was taken on the foregoing resolutions with the following result:
AYES: Meakin, Kritzman, Brosnan, Jolly, White, Bahr and McIntyre
NAYS: None
The President declared the resolutions adopted.
President McIntyre, as Chair of the Committee of the Whole, reported out on the
meeting of March 6, 2017.
A correspondence from Division of Police, dated March 10, 2017, re:
waiver of sealed bid process and purchase of Taser Axon Body
Cameras/Electrical Controlled Weapons and data storage, was received and
placed on file for the information of the Council.
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A Proposal Summary by Taser/Axon received at the March 6, 2017
Committee of the Whole Meeting, re: Master Services and Purchasing
Agreement between Taser International and City of Livonia, MI, was received
and placed on file for the information of the Council.
A Master Services and Purchasing Agreement between Taser
International, Inc. and City of Livonia, MI, modified by the Law Department, was
received and placed on file for the information of the Council.
On a motion by Meakin, supported by Brosnan, it was:
CR #117-17 RESOLVED, that having considered the report and
recommendation of the Committee of the Whole, dated March 7, 2017,
submitted pursuant to Council Resolution No. 57-17, and the report and
recommendation of the Chief of Police, dated March 10, 2017, which
bears the signature of the Director of Finance and the City Attorney, and
is approved for submission by the Mayor, to which is attached a proposed
agreement between the City of Livonia and Taser International, Inc.,
th
17800 N. 85 Street, Scottsdale, Arizona 85255, wherein Taser
International, Inc. will provide the Police Department with Taser Axon
body-worn cameras, in-car cameras and storage of those videos, to
include participation in the 5-Year Officer Safety Plan, for a period of five
(5) years, commencing March 30, 2017, for an amount not to exceed
$131,890.00 for Year 1 and $155,870.00 annually for Years 2–5, for a
total amount not to exceed $755,370.00; FURTHER, the Council does
hereby authorize an appropriation and expenditure for Year 1 in an
amount not to exceed $131,890.00 from Account No.: 101-325-987-000
(Capital Outlay - Other) for this purpose; FURTHER, the Council does
hereby approve the agreement in the manner and form herein submitted
and the Mayor and City Clerk are hereby authorized, for and on behalf of
the City of Livonia, to affix their signatures to the said agreement, subject
to approval as to form and substance by the Department of Law;
FURTHER, the Council does hereby authorize the said item without
competitive bidding in accordance with Section 3.04.140D3 of the Livonia
Code of Ordinances, as amended, in reliance on the report and
recommendation of the Chief of Police, which indicates that this vendor
delivers a product which is superior to all competitors.
Chief Caid was present to detail the amenities this equipment will provide to the
Police Department and to answer any questions of Council.
Councilmember Brosnan talked about the importance of moving the Public Safety
Department forward with the technology provided with this equipment and
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thanked Chief Caid for bringing it before Council.
Chief Caid also thanked the Livonia Police Officers Association for their input.
Councilmember Jolly commented on the time saving features of the utilization of
this equipment and also providing a tool for clarity on issues that may arise.
A roll call vote was taken on the foregoing motion by Meakin, supported by
Brosnan, with the following result:
AYES: Meakin, Kritzman, Brosnan, Jolly, White Bahr and
McIntyre
NAYS: None
The President declared the resolution adopted.
Chief Caid thanked Council for their support.
A communication from the Office of the Treasurer, dated March 22, 2017,
re: Update on Delinquent Real Property Taxes Due for 2016, Petition 2017-01-
01-01; 29220 Roycroft, from C-2 to R-1, Parcel #051 99 0010 000, was received
and placed on file for the information of the Council.
A receipt from the Wayne County Treasurer’s Office, re: confirming
payment of the 2016 Winter Property Taxes for 29220 Roycroft, received by the
Office of the City Clerk on March 20, 2017, was received and placed on file for
the information of the Council.
A communication from the Department of Law, dated March 8, 2017, re:
Proposed Amendment to Zoning Ordinance – Petition 2017-01-01-01, was
received and placed on file for the information of the Council.
White gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 13 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 2017-01-01-01)
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The foregoing Ordinance, when adopted, is filed in the Journal of Ordinances in
the Office of the City Clerk and is the same as if word for word repeated herein.
The above Ordinance was placed on the table for consideration at an upcoming
Regular meeting.
Brian Duggan, Petitioner, 14315 Denne, came to the podium to request the
Emergency Clause be invoked so the project can get started.
After discussion by Council, White invoked the Emergency Clause
and gave second reading to the foregoing Ordinance and a roll call vote was
taken thereon with the following result:
AYES: Meakin, Kritzman, Brosnan, Jolly, White, Bahr and
McIntyre
NAYS: None
The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Brosnan spoke on the protocol utilized in changing an ordinance for the
audience.
Brian Duggan thanked Council.
Brosnan took from the table, for second reading and adoption, the
following Ordinance:
AN ORDINANCE ADDING CHAPTER 110 (GREENLEAF
COMMISSION ON SUSTAINABILITY) OF TITLE 2 OF THE
LIVONIA CODE OF ORDINANCES, AS AMENDED.
A roll call vote was taken on the foregoing Ordinance with the following result:
AYES: Meakin, Kritzman, Brosnan, Jolly, White, Bahr and
McIntyre
NAYS: None
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The President declared the foregoing Ordinance duly adopted, and would
become effective on publication.
Brosnan explained the importance on making the Greenleaf Commission on
Sustainability a recognized Commission in the City.
Kritzman also commented on the benefits of this Commission.
A communication from the Department of Law, dated March 24, 2017,
attaching an Affidavit of Daniel L. Stern on behalf of Livonia Market II, L.L.C, re:
Petition 2016-06-02-14, was received and placed on file for the information of the
Council.
An Elevation plan marked Sheet A-3 prepared by Rogvoy Architects dated
March 16, 2017, as revised, re: Petition 2016-06-02-14, was received and placed
on file for the information of the Council.
Elevation plans prepared by Studio 222 Architects dated March 20, 2017,
re: Petition 2016-06-02-14, were received and placed on file for the information
of the Council.
An Elevation plan marked Sheet C-3, prepared by PEA, Inc., dated March
15, 2017, as revised, re: Petition 2016-06-02-14, was received and placed on
file for the information of the Council.
An email communication from Deborah Law, 18364 Sunset, Livonia,
dated March 27, 2017, re: building materials and design of the L.A. Fitness,
Petition 2016-06-02-14, was received and placed on file for the information of the
Council.
A new set of plans, prepared by PEA, Inc. and received by the Office of
the City Clerk on March 8, 2017, re: Petition 2016-06-02-14, was received and
placed on file for the information of the Council.
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On a motion by Brosnan, seconded by Jolly, it was:
#118-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated July 29, 2016, approved for
submission by the Mayor, which transmits its resolution #07-80-2016,
adopted on July 26, 2016, with regard to Petition 2016-06-02-14,
submitted by Livonia Market II, L.L.C., in connection with a proposal to
redevelop, including demolishing the existing building and parking areas,
constructing a new 37,000 square foot square foot fitness center (LA
Fitness) and 8,060 square foot freestanding multi-tenant retail building on
the property located on the south side of Seven Mile Road between
Middlebelt Road and Melvin Avenue (29659 Seven Mile Road), in the
Northeast 1/4 of Section 11, the Council does hereby refer this item to the
Committee of the Whole for its report and recommendation.
Councilmember Brosnan spoke on the new data received and her rationale on
sending it to the Committee of the Whole.
A roll call vote was taken on the foregoing resolution with the following result:
AYES: Kritzman, Brosnan, Jolly, White
NAYS: Meakin, Bahr and McIntyre
The President declared the resolution adopted.
A communication from Ed Khalil, dated March 14, 2017, attaching a site
plan sheet SP-1 dated March 13, 2017, as revised, prepared by ECKO Design-
Engineering-Construction, re: Petition 2016-12-02-25, was received and placed
on file for the information of the Council.
An email communication from Ed Khalil, dated March 8, 2017, re: Petition
2016-12-02-25, was received and placed on file for the information of the Council.
An email communication from Ed Khalil, dated February 28, 2017, re:
Petition 2016-12-02-25, was received and placed on file for the information of the
Council.
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An email communication from City 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.
A communication received from Mark Taormina, Planning Director, dated
February 16, 2017, re: Petition 2016-12-02-25, was received and placed on file
for the information of the Council.
On a motion by Meakin, supported by Brosnan, it was:
#119-17 RESOLVED, that having considered a communication from
the City Planning Commission, dated January 25, 2017, approved for
submission by the Mayor, which transmits its resolution #01-08-2017,
adopted on January 24, 2017, with regard to Petition 2016-12-02-25,
submitted by Ed Khalil, to operate a used auto dealership with outdoor
display of vehicles (State Auto Sales), located on the south side of
Plymouth Road between Inkster Road and Harrison Road (28121
Plymouth Road), in the Northeast 1/4 of Section 36, the Council does
hereby reject the recommendation made by the City Planning
Commission and Petition 2016-12-02-25 is hereby denied for the following
reasons:
1. That the petitioner has failed to affirmatively show that the
proposed use is in compliance with all of the special and general
waiver use standards and requirements as set forth in Sections
11.03 and 19.06 of the Zoning Ordinance #543;
2. That the City is currently well served with similar uses to that which
is being proposed;
3. That the petitioner has failed to demonstrate the need in the area
for the type of commercial service proposed to be operated on the
subject site;
4. That the petitioner has not sufficiently demonstrated that the
proposed use would be compatible to and in harmony with
surrounding uses in the area;
5. That the petitioner has failed to adequately demonstrate that the
site has the capacity to accommodate the proposed use; and
6. That the proposed use is contrary to the goals and objectives of the
Zoning Ordinance which, among other things, are intended to
insure suitability and appropriateness of uses.
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Ed Khalil, Petitioner, was present to address questions by Council.
After discussion by Council, a roll call vote was taken on the foregoing resolution
with the following result:
AYES: Meakin, Kritzman, Brosnan, Jolly, and White
NAYS: Bahr and McIntyre
The President declared the resolution adopted.
On a motion by Brosnan, supported by Bahr, and unanimously adopted,
it was:
#120-17 RESOLVED, that having considered a communication from
the Department of Law, dated March 3, 2017, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Michael Edgar, Provincial Director, Properties & Ancillary
Services for Felician Sisters Osf of Livonia, for a variable width public
utility easement in connection with the sidewalk constructed at 36475 Five
Mile Road in the West 1/2 of Section 20, more particularly described as:
(Variable Width Sidewalk Easement)
Part of the West ½ of Section 20, Town 1 South, Range 9 East, City of
Livonia, Wayne
County, Michigan, being more particularly described as:
Commencing at the North ¼ Corner of Section 20; thence S 00°11’40” E,
60.00 feet to the Southerly right-of-way line of Five Mile Road; thence N
89°56’26” W, 43.00 feet along said right-of-way; thence S 00°11’40” E,
109.40 feet to the point of beginning of the described parcel; thence S
13°05’39” W, 36.77 feet; thence S 01°36’06” W, 31.49 feet; thence S
14°43’56” E, 37.60 feet; thence N 00°11’40” W, 103.65 feet to the point of
beginning. Containing 604.42 square feet or 0.01 acres more or less.
See Attached Sidewalk Easement Sketch
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.
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There was no Audience Communication at the end of the meeting.
Councilmember Bahr commented on the attentiveness of a young member of the
audience.
On a motion by Brosnan, supported by Jolly, and unanimously adopted,
this 1,821st Regular Meeting of the Council of the City of Livonia was adjourned
at 8:02 p.m. on March 27, 2017.
_____________________
Susan M. Nash, City Clerk