HomeMy WebLinkAboutMINUTES 2018-02-26 REVISED
REVISED 3/13/18
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FORTY-THIRD
REGULAR MEETING OF FEBRUARY 26, 2018
On February 26, 2018 the above meeting was held at the City Hall,
33000 Civic Center Drive, Livonia, Michigan, and was called to order by
President Laura Toy at 7:00 p.m. Councilmember Kathleen McIntyre led the
meeting in the Invocation.
Roll was called with the following result: Kathleen McIntyre, Vice
President Jim Jolly, Brandon Kritzman, Scott Bahr, Cathy White and President
Laura Toy Absent: Brian Meakin.
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; Mike Slater, Director of Finance; Linda McCann, Director of
Community Resources; and Mayor Dennis Wright.
On a motion by Kritzman, supported by McIntyre, it was:
#61-18 RESOLVED, that the minutes of the 1,842nd
Regular Meeting of Council held February 12, 2018 are
approved as submitted.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McIntyre, Jolly, Kritzman, White and Toy
NAYS: None
PRESENT: Bahr
The President declared the resolution adopted.
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Regular Meeting Minutes of February 26, 2018
Councilmember McIntyre wished Captain Nenciarini well on his retirement and
thanked him for his many years of service.
President Toy announced that Senator Burton Leland passed away from cancer
and asked for a moment of silence to honor his memory.
Mayor Wright spoke about the recent water issue and thanked Don Rohraff and
his staff for their hard work in fixing the problem.
President Toy announced there is new data on Item #15 which was a request to
be removed from the Agenda. At the direction of the Chair, Item #15 was
removed from tonight’s Agenda.
Councilmember Bahr requested that Item #2 be removed from the Consent
Agenda and be moved to the next Regular Agenda in order for the Petitioner to
be present.
There was no Audience Communication at the beginning of the meeting.
A communication from the Department of Finance, dated February 1,
2018, re: forwarding the Quarterly Investment Report for the City of Livonia as
of November 30, 2017, was received and placed on file for the information of the
Council.
On a motion by Jolly, supported by White, it was:
#62-18 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 up 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
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Regular Meeting Minutes of February 26, 2018
WHEREAS, trees, wherever they are planting, 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 27,
2018, 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 wellbeing of
this and future generations, and we invite citizens to join in the
commemoration of Arbor Day planned by the Tree City Committee at Niji-
Iro Japanese Immersion Elementary School at 2:30pm on April 27,
2018.
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
Michigan Municipal League State and Federal Affairs Division and the
Conference of Western Wayne.
#63-18 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 22, 2018, which
bears the signature of the Finance Director, and is approved as to form by
the City Attorney and is approved for submission by the Mayor, and to
which is attached a proposed Vehicle Lease Agreement between the
Suburban Mobility Authority for Regional Transportation (SMART) and the
City of Livonia to accept two (2) 2017 Ford Transit 350 wheelchair lift
equipped vans which have been provided by the Federal Transit
Administration (FTA) 5310 Grant through SMART for the Livonia
Community Transit Program at no cost to 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 upon approval as to form and substance by
the Department of Law.
#64-18 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 22, 2018, 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, 2017 through September 30, 2018, 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
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Regular Meeting Minutes of February 26, 2018
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.
#65-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks and Recreation, dated
January 22, 2018, which bears the signature of the Director of Finance
and is approved for submission by the Mayor, the Council does hereby
accept the quote submitted by Advanced Satellite Communications, Inc.
(ASC), 12137 Merriman Road, Livonia, MI 48150 for security camera
upgrades at the Jack E. Kirksey Recreation Center in an amount not to
exceed $72,372.49; FURTHER, the Council does hereby authorize an
appropriation and expenditure in an amount not to exceed $72,372.49
from Account No. 208-755-971-000 for this purpose; FURTHER, the
Council does hereby authorize the action herein without competitive
bidding in accordance with the provisions set forth in Section 3.04.140.D.3
of the Livonia Code of Ordinances, as amended, for the reason that
Advanced Satellite Communications, Inc. (ASC) is a sole source provider
of the Avigilon system and no advantage to the City would result from
competitive bidding.
#66-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks & Recreation, dated
January 18, 2018, submitted pursuant to Council Resolutions 05-18 and
329-17, 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 Botsford Pool Activity Features utilizing the National
Purchasing Partners (NPP) Purchasing Contract which was awarded to
Vortex USA, Inc., 1420 Valwood Parkway, Suite 205, Carrollton, TX
75006 (under Contract No. VQ10302), in the amount of $114,000.00, for
completing all work in connection with the purchase and installation of
Botsford Pool Activity Features; FURTHER, the Council does hereby
authorize an expenditure in an amount not to exceed $114,000.00 already
budgeted in Account No. 208-720-987-000 for this purpose and utilizing
grant funds in the amount of $70,000.00 from the Michigan Economic
Development Corporation (MEDC) and $50,000.00 from Wayne County
to offset these costs; FURTHER, the Council does hereby determine to
authorize this purchase without competitive bidding in accordance with
the provisions set forth in Section 3.04.140.D.4 of the Livonia Code of
Ordinances, as amended.
#67-18 RESOLVED, that having considered the report and
recommendation of the Director of Public Works, dated January 12, 2018,
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) 2018 Ford Escapes, at a cost of $22,765.00 each, for a total
cost of $45,530.00, from Signature Ford, 1960 E. Main Street, Owosso,
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Regular Meeting Minutes of February 26, 2018
Michigan 48867; and the up-fitting of said vehicles by Truck and Trailer
Specialties, 6726 Hanna Lake, Dutton, Michigan 49316, at a cost of
$2,319.00 each, for a total cost of $4,638.00; for a total amount not to
exceed $50,168.00, as replacement vehicles to be utilized by the
Engineering Department, the same to be expended from funds already
budgeted for this purpose in Account No: 401-000-985-010 (DPW Capital
Outlay Budget); 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 MI-Deal
Contract No. 071B7700180 for the new vehicle purchase; and through the
Rochester Hills Co-Op Award Agreement (RFP-RH-13-030) for the up-
fitting of said vehicles; 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 disposal of the replaced vehicles at public auction hosted by the
Michigan Inter-governmental Trade Network (MITN) or commercial
auction after receipt of the new vehicles.
#68-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 30, 2018, 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 LCT 600, utilizing the National
Joint Powers Alliance (NJPA) Purchasing Contract, from Old Dominion
Brush Co., Inc., 5118 Glen Alden Drive, Richmond, VA 23231 (under
Contract No. 060612 – ODB), at a cost of $31,797.63 each, for a total
amount not to exceed $63,595.26, to replace two (2) comparable units
that were purchased prior to 2006; FURTHER, an amount not to exceed
$63,595.26 is hereby authorized to be expended from 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.
#69-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated January 30, 2018, 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 SCL800TM25, utilizing the
National Joint Powers Alliance (NJPA) Purchasing Contract, from Old
Dominion Brush Co., Inc., 5118 Glen Alden Drive, Richmond, VA 23231
(under Contract No. 060612 – ODB), in an amount not to exceed
$51,246.80, to replace one (1) comparable unit that was purchased in
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Regular Meeting Minutes of February 26, 2018
2010; FURTHER, an amount not to exceed $51,246.80 is hereby
authorized to be expended from 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.
#70-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 24, 2018, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works and approved for submission by the Mayor, regarding
repair of sidewalks in the City of Livonia pursuant to the 2017 Sidewalk
Program, Contract 17-G, at the locations and in the amounts indicated in
the attachment to the aforesaid communication (the “Attachment”), which
work was done pursuant to Council Resolution 112-17, and in accordance
with the provisions of Section 340 of Title 12, Chapter 4 of the Livonia
Code of Ordinances, as amended, the City Treasurer is hereby directed
to send a statement of charges to all property owners in the amounts listed
in the Attachment in accordance with Section 150 of Title 3, Chapter 8 of
the Livonia Code of Ordinances, as amended, and the Council does
hereby establish the evening of June 18, 2018 at 7:00 p.m., at the Livonia
City Hall, 33000 Civic Center Drive, Livonia, Michigan, as the time and
place when the Council shall meet for the purpose of adopting a resolution
placing a special assessment upon said property for such charges unless
the same are paid prior to the date of such meeting; and the City Clerk
and City Treasurer are hereby requested to do all things necessary or
incidental to the full performance of this resolution.
#71-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated January 24, 2018, which
bears the signature of the Director of Finance, is approved by the Director
of Public Works, and approved for submission by the Mayor, to which is
attached a summary outlining the final allocation of costs in connection
with the 2017 Sidewalk Program (Contract 17-G), pursuant to Council
Resolution 112-17, adopted on March 27, 2017, the Council does hereby
determine as follows:
To establish the final project cost at $648,413.53 (this
includes the 10% Engineering Division’s administrative fee)
of which $123,927.35 is to be charged to Single Lot
Assessments and $524,486.18 is to be charged to the
following Account Nos.: $442,567.03 to the Road, Sidewalk
and Tree Fund (Account 204-441-977-010); $54,878.10 to
the Michigan Transportation Fund (Local Road Account);
$23,312.05 to the Water and Sewer Fund; and $2,013.00 to
AT&T for the AT&T damaged walk; $1,578.50 to WOW for
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Regular Meeting Minutes of February 26, 2018
the WOW damaged walk; and $137.50 to Sod Solutions for
the Sod Solutions damaged walk.
A roll call vote was taken on the foregoing resolutions with the
following result:
AYES: Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the resolutions adopted.
Councilmember Bahr, as Chair of the Finance and Budget Committee,
reported out on the meeting of January 31, 2018.
On a motion by Bahr, supported by White and unanimously
adopted, it was:
#72-18 RESOLVED, that having considered the report and
recommendation of the Finance and Budget Committee, dated January
31, 2018, submitted pursuant to Council Resolution 339-10, and further
having considered a communication from the City Planning Commission,
dated January 10, 2018, which bears the signatures of the Director of
Planning and Economic Development and the Director of Finance and is
approved for submission by the Mayor, to which is attached an Agreement
to Acquire Street Lighting System between The Detroit Edison Company
and Plymouth Road Development Authority, dated August 3, 2015, and
having considered the necessity to replace 457 street light poles along
Plymouth Road, between Inkster Road and Ann Arbor Road, the Council
does hereby authorize the Mayor and City Clerk , for and on behalf of the
City of Livonia, to execute an agreement, approved as to form and
substance by the Department of Law, with DTE Energy to replace 457
street light poles along Plymouth Road between Inkster Road and Ann
Arbor Road, in accordance with the provisions set forth in option #1 in the
aforesaid communication, in an amount not to exceed $478,488.00;
FURTHER, the Council does hereby authorize an appropriation and
expenditure in an amount not to exceed $478,488.00 from Account No.
202-450-756-000 for this purpose; and the City Clerk is hereby requested
to do all other things necessary or incidental to the full performance of this
resolution.
This item will remain in Committee.
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Regular Meeting Minutes of February 26, 2018
Jolly gave first reading to the following Ordinance:
AN ORDINANCE AMENDING SECTION 14 OF THE ZONING
MAP OF THE CITY OF LIVONIA AND AMENDING ARTICLE III
OF ORDINANCE NO. 543, AS AMENDED, KNOWN AND CITED
AS “THE CITY OF LIVONIA ZONING ORDINANCE” BY ADDING
SECTON 3.___________ THERETO. (Petition 2017-09-01-05)
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.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#73-18 RESOLVED, that having considered a communication from
the City Planning Commission, dated November 15, 2017, which
transmits its resolution 11-65-2017, adopted on November 14, 2017, with
regard to Petition 2017-09-01-05, submitted by the City Planning
Commission, to rezone the city-owned property located on the west side
of Farmington Road between the CSX Railroad right-of-way and
Schoolcraft Road (13335 Farmington Road), in the Northeast ¼ of Section
28, from M-1 (Light Manufacturing) to PL (Public Land), and the Council
having conducted a public hearing with regard to this matter on Monday,
January 22, 2018, the Council does hereby refer the subject matter of
future major construction to the Capital Outlay and Infrastructure
Committee for its report and recommendation.
On a motion by Jolly, supported by McIntyre, and unanimously adopted,
it was:
#74-18 RESOLVED, that having considered a communication from
Frank Grisa, O’Malley’s Bar and Grill, dated January 24, 2018, 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 Saturday, March 17, 2018, from 7:00 a.m. until midnight,
at O’Malley’s Bar and Grill, 15231 Farmington Road, the Council does
hereby grant permission as requested.
Frank Grisa was present to answer any questions of Council.
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Regular Meeting Minutes of February 26, 2018
An email communication from Brian Duggan, received February 26, 2018,
in re: attendance at the February 26, 2018 Regular Council Meeting regarding
sidewalk waiver at 29220 Roycroft, was received and placed on file for the
information of the Council.
At the direction of the Chair, Item No. 15 was removed from the Agenda.
A substitute motion was made by Kritzman, supported by Bahr, on Item
19 on the Agenda as follows:
RESOLVED, that having considered a communication from the
Department of Assessment, bearing the signatures of the Planning
Director and the City Engineer, dated January 24, 2018, approved for
submission by the Mayor, with regard to a request from Danny Fitzgerald
of Classic Building Company, PO Box 530565, Livonia, MI 48153, to
divide Tax Item No. 46-002-01-0399-002, located on the south side of
Eight Mile, east of Middlebelt Road, 20208 Parkville, into four (4) parcels,
and in accordance with the provisions of 1967 PA 288, as amended, as
well as Code of Ordinances Section 16.32.030 and Section 18.46 of
Ordinance No. 543, both as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation.
Danny Fitzgerald from Classic Building Company, (Petition 2018-01-LS-01), was
present to answer questions of Council.
Following discussion by Council, a roll call vote was taken on the substitute
motion made by Kritzman, supported by Bahr,
#75-18 RESOLVED, that having considered a communication from
the Department of Assessment, bearing the signatures of the Planning
Director and the City Engineer, dated January 24, 2018, approved for
submission by the Mayor, with regard to a request from Danny Fitzgerald
of Classic Building Company, PO Box 530565, Livonia, MI 48153, to
divide Tax Item No. 46-002-01-0399-002, located on the south side of
Eight Mile, east of Middlebelt Road, 20208 Parkville, into four (4) parcels,
and in accordance with the provisions of 1967 PA 288, as amended, as
well as Code of Ordinances Section 16.32.030 and Section 18.46 of
Ordinance No. 543, both as amended, the Council does hereby refer this
matter to the Committee of the Whole for its report and recommendation.
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Regular Meeting Minutes of February 26, 2018
with the following result:
AYES: McIntyre, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the substitute resolution adopted.
On a motion by McIntyre, supported by White, and unanimously adopted, it was:
#76-18 RESOLVED, that having considered the request of
Councilmember Kathleen McIntyre, at the Study Meeting held February
12, 2018, the Council does hereby refer the subject matter of Livonia
Community Transportation Services to the Senior Citizens and Families
Committee for its report and recommendation.
On a motion by Kritzman, supported by Bahr, and unanimously adopted,
it was:
#77-18 RESOLVED, that having considered a communication from
the Director of Community Resources, dated January 26, 2018, which
bears the signature of the Director of Finance and is approved for
submission by the Mayor, the Council does, for and on behalf of the City
of Livonia, accept various gifts and cash donations in the amount of
$29,821.83 from the sources indicated therein; FURTHER, the Council
does hereby appropriate and credit the amount of $7,328.00 to Account
No. 702-285-219 (Emergency Services); credit $2,650.00 to Account No.
702-285-214 (Youth Commission Trust); credit $4,250.00 to Account No.
724-000-698-000 (Arts Commission Sundry Income); credit $4,333.83 to
Account No. 723-000-690-010 (Historical Commission Cont-Donations);
credit $9,250.00 to Account No. 702-285-135 (Greenmead Restoration),
and credit $2,010.00 to Account No. 702-285-216 (Senior Citizen
Programs), representing the total cash donation, for the purposes
designated by the donors.
Director of Community Services, Linda McCann, thanked the donors for their
generosity.
Councilmember Kritzman commented on the volume of donations coming from
many different entities.
On a motion by Bahr, supported by McIntyre, it was:
#78-18 RESOLVED, that having considered a communication from
the Department of Law, dated February 14, 2018, the Council does
hereby, by a two-thirds roll call vote in accordance with Section 7(1) of the
Open Meetings Act, direct that a Closed Committee of the Whole Meeting
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be held for the purpose of discussing litigation matters and attorney/client
privileged communications in connection with pending litigation, Albert
Kosis v City of Livonia, et al.
A roll call vote was taken on the foregoing resolution with the following
result:
AYES: McIntyre, Jolly, Kritzman, Bahr, White and Toy
NAYS: None
The President declared the resolution adopted.
There was no Audience Communication at the end of the meeting.
On a motion by Bahr, supported by White, and unanimously adopted, this
1,843rd Regular Meeting of the Council of the City of Livonia was adjourned at
7:39 p.m. on February 26, 2018.
_____________________
Susan M. Nash, City Clerk