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HomeMy WebLinkAboutMINUTES 2017-03-27 Revised 4/5/2017 40139 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: th #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. 40140 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. 40141 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 40142 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. 40143 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. 40144 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 40145 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 48111 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 40146 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 40147 $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 40148 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. 40149 #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: 40150 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. 40151 #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. 40152 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 40153 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) 40154 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 40155 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. 40156 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. 40157 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. 40158 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. 40159 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