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HomeMy WebLinkAboutMINUTES 2017-09-18 REVISED 9/26/17 40311 MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND THIRTY-THIRD REGULAR MEETING OF SEPTEMBER 18, 2017 On September 18, 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 Cathy White led the meeting in the Pledge along with Brownies, Girl Scouts and Juniors from Hoover and Riley Schools. Roll was called with the following result: Cathy White, Scott Bahr, Brandon Kritzman, Jim Jolly, and President Kathleen McIntyre. Absent: Brian Meakin, Maureen Miller Brosnan. Elected and appointed officials present: Mark Taormina, Director of Planning and Economic Development; 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; and Mayor Dennis Wright. On a motion by White, supported by Jolly, it was: #316-17 RESOLVED, that the minutes of the 1,832nd Regular Meeting of Council held September 6, 2017 are approved as submitted. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Kritzman, Jolly and McIntyre NAYS: None PRESENT: Bahr The President declared the resolution adopted. 40312 Minutes of the September 18, 2017 Regular Meeting of Council President McIntyre announced there will be a Public Hearing being held on Wednesday, October 4, 2017 at 7:00 p.m. in the Auditorium of the City Hall, 33000 Civic Center Drive, Livonia, MI on the following item: The proposed Annual Budget for the City of Livonia for the fiscal year ending November 30, 2018; and The public hearing required by Act 5 PA 1982, in connection with the Truth in Taxation hearing, as adopted by the City Council at the Regular Meeting held August 21, 2017, pursuant to Council Resolution 294-17. She then announced a Public Hearing that will be held on Monday, October 9, 2017, at 7:00 p.m. in the Auditorium of the City Hall, 33000 Civic Center Drive, Livonia, MI on the following item: PETITION 2017-07-01-04 submitted by Elizabeth Nace, to rezone the property located on the west side of Middlebelt Road between Joy Road and Grandon Avenue (9039 Middlebelt Road) in the Southeast 1/4 of Section 35, from OS (Office Services) to R-1 (One Family Residential – 60’x120’ Lot). There was no Audience Communication at the beginning of the meeting. A communication from the Department of Finance, dated August 21, 2017, re: forwarding various financial statements of the City of Livonia for the month ending July 31, 2017, was received and placed on file for the information of the Council. On a motion by Jolly, supported by White, it was: #317-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Parks and Recreation, dated August 23, 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 American Fence, 21200 Schoenherr, Warren, MI 48089 for completing all work required in connection with the Phase II construction of the proposed dog park at Bicentennial Park, for a total amount not to exceed $107,659.36, the same having been in fact the second lowest bid received which meets all specifications; FURTHER, the Council does hereby reject the bid submitted by Cross Renovation for the reason that it did not include references of similar scope projects; FURTHER, the Council does hereby appropriate and authorize an expenditure in the amount of $107,659.36 from Account No. 101-709-987-000 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 40313 Minutes of the September 18, 2017 Regular Meeting of Council 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. #318-17 RESOLVED, that having considered the report and recommendation of the Superintendent of the Parks and Recreation, dated August 7, 2017, which bears the signature of the Finance Director and is approved for submission by the Mayor, the Council does hereby establish rates for use of the dog park at Bicentennial Park, with access tentatively scheduled from November 2017 through January 31, 2019, as follows: st $30.00/1Dog, $10/additional dog (maximum of 3 dogs/household) $20.00 charge for key fob replacement #319-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 24, 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 Fishbeck, Thompson, Carr & Huber, Inc., 1515 Arboretum Dr. SE, Grand Rapids, MI 49546, for consultant services in connection with the replacement of the City Hall air handling unit, for a total amount not to exceed $17,000.00, the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $17,000.00 from funds already budgeted in Capital Improvement Account No. 401-000-987-000 for this purpose; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary. #320-17 RESOLVED, that having considered the request of Council Vice President Brandon Kritzman at the Study Meeting held September 8, 2017, regarding the subject matter of the City Hall Building, the Council does hereby refer this subject matter to the Capital Improvement, Natural Resources and Waste Management Committee for its report and recommendation. #321-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 15, 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 Tech Mechanical, 1490 E. Highwood, Pontiac, MI 48340, for performing all work required in connection with the removal, disposal and replacement of air intake louvers at the Bennett Library, for a total amount not to exceed $28,317.00, the same having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize the expenditure of a sum not to exceed $28,317.00 from funds already budgeted in Account No. 401-000-971-000 (Capita Outlay) for this purpose; FURTHER, in the event the low bidder is unable to complete the 40314 Minutes of the September 18, 2017 Regular Meeting of Council work, the Council does hereby accept the unit price bid of the second lowest bidder, Allied Building Service, 1801 Howard Street, Detroit, MI 48216 to complete the work for the estimated total cost not to exceed $33,700.00; and the Director of Public Works is hereby authorized to approve minor adjustments in the work as it becomes necessary; and the Mayor and City Clerk are hereby authorized to execute a contract, approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution. #322-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated August 16, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, the Council does hereby accept the unit price bid of G’sTree Service, 23596 Stacey Drive, Brownstown, MI 48183 for completing all work required in connection with the City’s 2017 Park Tree and Stump Removal Program for a total cost not to exceed $25,000.00, said cost and unit prices having been in fact the lowest bid received which meets all specifications; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $25,000.00 from funds already budgeted in Account No. 205-527-882-060 for this purpose; FURTHER, in the event the low bidder is unable to complete the work, the Council does hereby accept the unit price bid of the second lowest bidder, CutMyTreeDown, 2642 Princess Street, Inkster, MI 48141 to complete the work for a total cost not to exceed $25,000.00; and the Mayor and City Clerk are hereby authorized to execute a contract, which is approved as to form and substance by the Department of Law, for and on behalf of the City of Livonia with the aforesaid bidder(s) and to do all other things necessary or incidental to the full performance of this resolution. #323-17 RESOLVED, that having considered the report and recommendation of the Superintendent of Public Service and the Director of Public Works, dated August 24, 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 Case 580SN Loader/Backhoe, utilizing the National Joint Powers Alliance (NJPA) Purchasing Contract which was awarded to Southeastern Equipment, 48545 Grand River Avenue, Novi, MI 48374, in the amount of $95,388.30, to be used for the leaf program, road repairs, snow removal, loading salt, maintaining the Glendale property, as well as moving, stacking and loading of materials delivered to the Department; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $95,388.30 from funds already budgeted in Account No. 401-000-987-000 (Capital Outlay) 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, and no advantage to the City would result from 40315 Minutes of the September 18, 2017 Regular Meeting of Council 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. #324-17 RESOLVED, that having considered the report and recommendation of the Director of Public Works, dated August 16, 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) Thompson Water Pump, Model 6JSVE-DCST-C3.4.4-MC, to replace a current pump used by the Water and Sewer Department, utilizing the National Joint Powers Alliance (NJPA) Pricing, which was awarded to Macallister CAT, 6870 W. Washington Street, Indianapolis, IN 46241 (under Contract No. 031014-TPM), at a total cost not to exceed $79,194.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $79,194.00 from funds already budgeted in Account No. 592-140-000 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. 031014-TPM), 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 replacement pump at public auction hosted by the Michigan Inter- governmental Trade Network (MITN) or commercial auction after receipt of the new pump. A roll call vote was taken on the foregoing resolutions with the following result: AYES: White, Bahr, Kritzman, Jolly and McIntyre NAYS: None The President declared the resolutions adopted. White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 110 OF TITLE 12, CHAPTER 20 (PUBLIC LANDS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: 40316 Minutes of the September 18, 2017 Regular Meeting of Council AYES: White, Bahr, Kritzman, Jolly and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 040 OF TITLE 6, CHAPTER 04 (DOGS) OF THE LIVONIA CODE OF ORDINANCES, AS AMENDED. A roll call vote was taken on the foregoing Ordinance with the following result: AYES: White, Bahr, Kritzman, Jolly and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE AMENDING SECTION 9 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 2017-05-01-02) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: White, Bahr, Kritzman, Jolly and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Bahr took from the table, for second reading and adoption, the following Ordinance: 40317 Minutes of the September 18, 2017 Regular Meeting of Council AN ORDINANCE AMENDING SECTION 9 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 2017-05-01-03) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: White, Bahr, Kritzman, Jolly and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. White took from the table, for second reading and adoption, the following Ordinance: AN ORDINANCE VACATING THE USE OF PORTIONS OF STREET, ALLEY AND PUBLIC GROUND. (Petition 2017-04-03-01) A roll call vote was taken on the foregoing Ordinance with the following result: AYES: White, Bahr, Kritzman, Jolly and McIntyre NAYS: None The President declared the foregoing Ordinance duly adopted, and would become effective on publication. Vice President Kritzman stepped down from the podium at 7:14 p.m. to avoid any perceived conflict of interest. On a motion by Jolly, supported by Bahr, it was: #325-17 RESOLVED, that having considered a communication from the Director of Public Services, dated August 23, 2017, which bears the signature of the Director of Finance and is approved for submission by the Mayor, to which is attached communications from OHM Advisors, dated August 21, 2017 and August 23, 2017, the Council does hereby accept the unit price bid of Bidigare Contractors, Inc., 939 S. Mill Street, Plymouth 40318 Minutes of the September 18, 2017 Regular Meeting of Council Township, Michigan 48170 for completing all work required in connection with the Footing Drain Disconnection Program (FDDP), for an amount not to exceed $628,605.90, based upon the Engineering Department'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, said cost and unit prices having met all bid specifications; FURTHER, the Council does hereby appropriate and authorize the expenditure of a sum not to exceed $628,605.90 from the Construction in Progress Fund - Account No.: 592-158-000 for this purpose; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $115,000.00 payable to OHM Advisors, 34000 Plymouth Road, Livonia, Michigan 48150 for Professional Engineering Services in connection with the Footing Drain Disconnection Program (FDDP), the same to be expended from funds already budgeted in the Construction in Progress Fund - Account No. 592-158-000 for this purpose; FURTHER, the Council does hereby authorize the Mayor and City Clerk, for and on behalf of the City of Livonia, to execute contracts, approved as to form and substance by the Department of Law, with the aforesaid bidder and OHM Advisors and to do all other things necessary or incidental to the full performance of this resolution; and the Director of Public Works is hereby authorized to approve minor adjustments in the work, as it becomes necessary. A roll call vote was taken on the foregoing resolution with the following result: AYES: White, Bahr, Jolly and McIntyre NAYS: None The President declared the resolution adopted. Vice President Kritzman returned to the podium at 7:15 p.m. On a motion by Bahr, supported by Jolly, and unanimously adopted, it was: #326-17 RESOLVED, that having considered a communication from the City Engineer, dated September 1, 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, requesting an additional appropriation and expenditure from budgeted funds to finalize the 2017 Lane Line Marking Program Contract 17-H, previously approved pursuant to Council Resolution 78-17; the Council does hereby authorize an amendment to Contract 17-H with R.S. Contracting, 9276 Marine City Highway, Casco, Michigan 48064 in an amount not to exceed $15,000.00, 40319 Minutes of the September 18, 2017 Regular Meeting of Council increasing the contract amount from $105,000.00 to $120,000.00; FURTHER, the Council does hereby authorize an expenditure in an amount not to exceed $15,000.00 payable to R.S. Contracting, 9276 Marine City Highway, Casco, Michigan 48064 for performing all work required in connection with finalizing the 2017 Lane Line Marking Program (Contract 17-H); FURTHER, the Council does hereby authorize a transfer of budgeted funds from Account No. 203-463-818-117 (Cont. Service – Joint Crack Seal) in the amount of $15,000.00 to Account No. 202-463- 818-118 (Cont. Service – Lane Line Marking) for this purpose. City Engineer Zilincik was present to answer any questions of Council on the above agenda item. During Audience Communication, Cara, one of the Girl Scouts present in the audience, asked Council if there would be a fence installed around the new dog park. On a motion by Bahr, supported by Jolly, and unanimously adopted, this 1,833rd Regular Meeting of the Council of the City of Livonia was adjourned at 7:20 p.m. on September 18, 2017. _____________________ Susan M. Nash, City Clerk