Loading...
HomeMy WebLinkAboutMINUTES 2018-02-26 REVISED REVISED 3/13/18 40477 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. 40478 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 40479 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 40480 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, 40481 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 40482 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 40483 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. 40484 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. 40485 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. 40486 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 40487 Regular Meeting Minutes of February 26, 2018 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