HomeMy WebLinkAboutSTUDY - 2018-04-23
CITY OF LIVONIA – CITY COUNCIL
MINUTES OF STUDY MEETING HELD APRIL 23, 2018
Meeting was called to order at 8:49 p.m. by President Toy. Present: Brian Meakin,
Jim Jolly, Brandon Kritzman, Kathleen McIntyre, and Laura Toy. Absent: Scott Bahr, and
Cathy White.
Elected and appointed officials present: Mark Taormina, Director of Planning and
Economic Development; Todd Zilincik, City Engineer; Paul Bernier, City Attorney; Susan
M. Nash, City Clerk; Ted Davis, Superintendent, Parks and Recreation; Dave Heavener,
Fire Chief; Don Rohraff, Director of Public Works; Denise Maier, Human Resources
Director; Linda McCann, Director of Community Resources; Jim Inglis, Executive Director
of Housing; and Mayor Dennis Wright.
President Toy announced there is new data on Items #3 and #8.
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She wished Vice-President Jolly a Happy Birthday, his birthday is this April 26.
President Toy announced with great sadness the passing of Joan McCotter. She was a
former councilmember and City Clerk. She will be dearly missed.
AUDIENCE COMMUNICATION: None.
NEW BUSINESS:
1. REQUEST TO WAIVE SIDEWALK REQUIREMENT: Michael Gowen, B & V
Contracting Company, re: for the newly constructed home at 38105 Plymouth
Road.
President Toy called for the petitioner. The petitioner was not present.
Meakin offered both an approving resolution and a denying resolution for the
Regular Agenda.
DIRECTION: 1) APPROVING REGULAR
2) DENYING
2. REQUEST TO WAIVE THE CITY’S NOISE ORDINANCE: Alan Maliszewski, St.
Michael’s Catholic Church, re: to allow a car show with a DJ to be held in their
parking lot at 11441 Hubbard Road on Saturday, July 21, 2018, from 8:00 a.m. to
3:00 p.m.
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Meakin noted that the petitioner was here earlier this evening. He did note that the
regular meeting did run longer than usual. He noted that the he did tell the
petitioner that he would be happy to offer an approving resolution on the consent
agenda. He added that this is a repeat event that has come before council annually
for the past couple of years.
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
3. REQUEST FOR ISSUANCE OF A PERMIT FOR A FIREWORKS DISPLAY BY
GREAT LAKES FIREWORKS TO BE HELD AT ST. MARY’S CHURCH FOR THE
TH
10 ANNUAL MICHIGAN FEST ON JUNE 1, 2018, WITH RAIN DATES ON JUNE
2, 2018 AND JUNE 3, 2018: Fred E. Sackllah, Festival Chairperson, St. Mary’s
Church, re: same.
Fred Sackllah, Festival Chairperson, St. Mary’s Church, presented the request to
Council. He noted that they just recently obtained a sponsor for this event and said
that is the reason for not bringing this request before Council previously with his
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other requests. He said this is their 10 year. He’s not sure if this will become a
regular event. They wanted something special for their 10-year anniversary. He
said safety is their first priority. He noted that fireworks have a shell size from 1 to
12. They are using shell sizes 3 and 4. He said 90% of the display will be size 3
shells and the size 4 shells will be used during their finale. He indicated that they
met with the fire department and discussed the details. It will be approximately a
15-minute show. He was ready to answer any questions Council may have.
Meakin asked Sackllah if he contacted the neighbors. Sackllah said he spoke with
a couple of neighbors but all of them. He did say in the whenever the neighbors
have an issue they contact him, and he works with them to resolve the issue.
Meakin said fireworks throughout the city is troubling to many residents. Sackllah
said he understands there is concern. He said they hired a technician that has 25
years’ experience. There was a question raised regarding the amount of insurance
required. Sackllah said they provided proof of insurance of up to $10,000,000 with
a limit of $1,000,000 per person. Meakin said he thinks it should be more like
$5,000,000 per person. He asked the Law Department what amount of coverage
is required.
Paul Bernier, City Attorney, said he would have to check and report back to Council
prior to the voting meeting.
Sackllah said in addition to the insurance carried by the company they hired to do
the fireworks, they will be purchasing their own policy. He said the company they
use doesn’t do fireworks, so the insurance carrier is looking for someone who does
so they can pick up some additional insurance.
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Meakin offered the approving resolution for the Regular Agenda.
Jolly said he is sympathetic to the neighbors. He does recognize that some
communities do not have any fireworks displays and said that Livonia is vibrant
enough to have several festivals in the summer months that do have fireworks
display and he said that he thinks it is important to the community. He said he
hopes that that have all of the appropriate paperwork in order and follow a safety-
first policy. He thanked them for adding this event to the summer events in Livonia.
Sackllah said they really are for the community.
Kritzman said his first reaction in reading the request was that they don’t usually
have fireworks. He said from his perspective he thinks there is a little concern from
the neighbors. He said he can understand them wanting to do something special
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for their 10 anniversary of this event. He said ultimately, he is in support of this
item. He did express some concern with a rain date on a Sunday.
Kent Musser, Great Lakes Fireworks, 11045 Sunset, addressed Council. He said
one of the reasons they chose the size 3 shells was based upon the rain dates,
the proximity to the neighbors and the noise. He said they do a display in the City
of Birmingham in a similar setting with a Sunday rain date and it works out fine
there. If it does carry over to Sunday, they start the show earlier at around 9:30
p.m., having the event early in June allows them to start earlier as opposed to July
when they must wait until 10:20 p.m. to start.
McIntyre said she loves the St. Mary’s festival. She expressed her understanding
of them wanting to enhance the festival and bring a new element to the experience.
However, she said she received some emails from neighbors with concerns
regarding fireworks.
Sackllah said he has always resolved any complaints from the neighbors. He said
he feels that there is a significant benefit to the community and to the church
community. He said he’s not talking about a financial benefit. He said he is
confident he can resolve any problems that may arise.
President Toy said she also received some emails with concerns from neighbors.
She asked what time they plan to start. Sackllah said about 10 p.m. Musser said
anytime the sun goes over the horizon is a good viewing time. She asked how long
they will last. Sackllah said 15 minutes give or take a minute. Musser said safety
is his number one priority. He said he has never had a reportable incident with his
company in the 25 years, over 250 shows. President Toy said Council likes to be
informed so they know how to respond to neighbors’ concerns with the display.
She asked Sackllah if they own the property and what size it is Sackllah replied
about 900 feet in width and said it’s approximately 50/50 ownership between St.
Mary’s Church and Livonia Public Schools. He said a copy of the letter they gave
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to the Livonia Public Schools asking their approval has been provided to Council.
He said if they do not get approval from Livonia Public Schools they will not be
doing them. President Toy said they would like to see a response from the Livonia
Public Schools prior to them voting on the matter. She also asked if they had
considered something other than fireworks like perhaps a laser light show.
Sackllah replied, yes, he did. He said how this came together was he contacted a
woman by the name of Joanne with Wade Shows who connected him with a
company that did fireworks, he said he thought they were out of their price range.
He said he didn’t know they did shows as small as $5,000. He said he couldn’t
come up with any laser light shows. He said they thought about doing a petting
farm but the $3,000 to $5,000 it costs, its hard to predict what the turnout will be.
There were different ideas, but personally, he said he is excited about the potential
of doing fireworks.
President Toy said her concern is they get calls when people light off fireworks.
Sackllah said he would be glad to field those calls and said anyone with concerns
or complaints regarding the festival or fireworks can call him directly at (248) 722-
0741. He said he is always open to ideas and suggestions.
President Toy asked Sackllah to provide the letter of response from the Livonia
School Board regarding their request for approval to conduct the fireworks display.
DIRECTION: APPROVING REGULAR
4. REQUST TO EXECUTE A NEW THREE YEAR CONTRACT BETWEEN THE
CITY OF LIVONIA AND THE COUNTY OF WAYNE FOR HOUSING
REHABILITATION PROGRAM FUNDING; AND REQUEST TO AUTHORIZE THE
DIRECTOR OF HOUSING TO APPROVE THE 2018 THROUGH 2021 HOME
CONTRACT FUNDING: Livonia Housing Commission, re: to extend the City’s
participation in the Wayne County Home Investment Partnership Consortia from
October 1, 2018 through September 30, 2021, with an average annual allocation
of $100,000.00 to the City of Livonia. (CR 08-15, CR 397-12, CR 323-12, CR 196-
11, and CR 213-09)
Trisha LeAnnais, Housing Commission, presented the request to Council. They
are asking Council to extend the City’s participation in the Wayne County Home
Investment Partnership Consortia for 3 years, with an average annual allocation of
$100,000.00 to the City of Livonia, which is primarily used for low-income housing
rehabilitation. They are asking Council to adopt a Resolution which authorizes the
City of Livonia to continue to participate in the HOME Partnership Consortia for a
new three-year term commencing October 1, 2018 and approve the core principles
of the Consortia Agreement and authorize the Director of Housing to approve the
2018 through 2020 and future HOME contract funding agreements for the Housing
Rehabilitation Program, subject to approval of the Law Department.
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Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
5. REQUEST FOR AUTHORIZATION TO PRUCHASE ONE (1) POWER LOAD
AMBULANCE COT AND FIVE (5) XPS EXPANDABLE PATIENCE SURFACE
RETROFIT KITS FROM SOLE SOURCE: Livonia Fire and Rescue, re: to improve
safety for both its personnel and patients needing emergency medical care, from
budgeted funds.
Fire Chief Dave Heavener presented the request to Council. They respectfully
request that City Council approve the purchase of one (1) POWER LOAD
ambulance cot loading system and five (5) XPS Expandable Patient Surface
Retrofit kits from Stryker Medical, in the amount of $32,048.36, from budgeted
funds. This purchase is to improve safety for both its personnel and patients
needing emergency medical care.
McIntyre offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
6. REQUEST TO CHANGE TITLE OF TRAINING COORDINATOR TO TRAINING
OFFICER: Civil Service Dept., re: to make the title consistent with industry
standards, increase interest level of highly qualified potential candidates, and
increase overall Department pride and morale.
Denise Maier, Human Resources Director, presented the request to Council. This
is a request for classification title change from Training Coordinator to Training
Officer and return of official rank to this classification.
McIntyre offered the approving resolution for the Consent Agenda.
Jolly asked through the Chair to Fire Chief Heavener what the return of rank
means. Fire Chief Heavener replied stating that historically the position was called
Training Officer and it was filled through the seniority promotional system and back
in the 1999-2002 Union Labor Contract it was the first time in history that the
department implemented a testing process for filing the position. The agreement
was to allow for testing process for filling the position if the rank was removed. This
adds a large amount of confusion both internally and externally when we are
dealing with a para military type organization. The position of Training Officer
(Training Coordinator) they have full command over any training exercise
whatsoever. So, without an official rank that everybody else throughout the
department and the industry would identify with, the Training Coordinator does not
have that. In order to change that back they have entered into a Letter of
Understanding with the union. Times have changed over the past 20 years. He
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said he was pleased to announce the union voted in support of this change with
10-1 margin. It will remain a testing filled position. The timing couldn’t be better he
said because, as some of Council may know, he came from the Training
Coordinator position; it is vacant and is currently being filled with an interim role
right now. So, no individual person will be receiving rank it will be determined based
upon the testing process.
Jolly asked if he was correct in understanding that what would be changed is
returning the authority and teeth to the position. Fire Chief Heavener said that is
correct.
DIRECTION: APPROVING CONSENT
7. REQUEST TO INCREASE THE SALARY WAGE FOR CHIEF ASSISTANT CITY
ATTORNEY CLASSIFICATION: Civil Service Dept., re: effective December 1,
2018.
Denise Maier, Director of Human Resources, presented the request to Council.
This request was brought to the Personnel Review Committee by former City
Attorney Donald Knapp prior to his knowledge of his departure from the City. His
interest was in getting the Chief Assistant City Attorney’s salary more in line with
other communities so that we could retain current talent and attract future talent
when necessary. The new salary range has been provided to Council for its review.
Meakin offered the approving resolution for the Consent Agenda.
Jolly asked with the changes in the structure of the office asked them to address
the difference in available work hours He said it is his understanding they will be
down an attorney overall approximately 20 hours weekly. City Attorney Bernier
said that is correct. Jolly asked Bernier if he thinks they’ll be able to manage that
appropriately. Jolly said it is his understanding that there are times throughout the
year that their office is extremely busy, and his concern is that they are adequately
staffed. City Attorney Bernier said it is his hope to eventually have a part-time
attorney position filled. He noted that former City Attorney Knapp worked part-time
and that he worked full-time in his position. Jolly asked if that part-time position
would be a civil service position or contractual position. City Attorney Bernier said
that would be up to the Mayor and Human Resources Director. He said he would
think a contractual position would may be a possibility. He said it would have to be
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a very particular individual with an understanding of how the 16 District Court
operates and understands the criminal end of it and who also understands how the
City of Livonia operates while assisting Mike Fisher and Eric Goldstein. It is kind
of a unique position that it would have to be a very particular person to fill that
position.
DIRECTION: APPROVING CONSENT
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8. REQUEST TO ESTABLISH SALARY FOR FULL-TIME POSITION OF CITY
ATTORNEY: Civil Service Dept., re: to establish pay rate of reinstated full-time
City Attorney position.
Denise Maier, Human Resources Director, presented the request to Council. She
said prior to City Attorney Knapp’s departure, the position was a part-time position
with one salary there wasn’t a salary range. She said with the new full-time City
Attorney they needed to develop a pay rate range for the full-time position.
Jolly offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
9. AWARD OF BID: Department of Parks and Recreation, re: for strength equipment
for use at the Jack E. Kirksey Recreation Center, from budgeted funds.
Ted Davis, Superintendent, Parks and Recreation, presented the request to
Council. The Department of Parks and Recreation conducts annual membership
surveys for the Jack E. Kirksey Recreation Center to ensure our guests are
receiving the services they expect. The survey results from 2017 listed strength
equipment as the number one priority in the facility. The current equipment is
original and needs to be updated, along with improved layout and storage options
to make better use of our space. Specifications were prepared by the Department
and an advertisement for proposals was placed in the Feb. 4, 2018, issue of the
Livonia Observer and on the MITN website. Six proposals were received. After
reviewing all proposals, four companies were selected for presentations. A
committee of six staff members scored all proposals and additional information that
was provided during each presentation. Upon the review of these four
presentations, it was determined that the revised option 1 proposal by Freemotion
best meets our desired requirements. Multiple factors were taken into account to
determine the best option for the Kirksey Recreation Center. Six categories were
reviewed: warranty, service response/parts availability, brand name recognition,
equipment function, layout/utilization of space/storage and color choices. A
summary sheet has been provided to Council for its review. They are asking
Council to award the bid to Freemotion Fitness, in the amount of $88,372.43 from
budgeted funds available.
Kritzman offered the approving resolution for the Consent Agenda.
Jolly commented on an unrelated matter stating that on social media the deadline
for the Neighborhood Grant Program was listed as May 1, 2018. He asked Davis
if he knew how many applications were received. He said he believes it was less
than a dozen as he recalled the last correspondence he received. Davis
encouraged people to get their applications into the Community Resources office.
DIRECTION: APPROVING CONSENT
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10. REQUEST TO APPROVE LAND ACQUISITION STRATEGY: Department of
Parks & Recreation, re: for future parks or park property.
Ted Davis, Superintendent, Parks and Recreation, presented the request to
Council. In response to the February 21, 2018, Committee of the Whole meeting,
referring the subject of developing a land acquisition strategy for future parks or
park property. The Parks and Recreation Commission discussed this topic at its
regular meeting of April 4, 2018. When researching this topic, several issues came
to staff's attention, specifically the ability for any strategy to be flexible and adjust
to the changes in needs from the community. They feel the proposed strategy is
comprehensive and will provide them with the appropriate guidance moving
forward. The Parks and Recreation Commission is recommending approving the
Land Acquisition Plan as submitted.
Kritzman offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
11. AWARD OF BID: Public Service Division, re: for supplying the Road Maintenance
Section with hot and cold Bituminous Materials for the period May 1, 2018 through
April 30, 2019, from budgeted funds.
Todd Zilincik, City Engineer, presented the request to Council. The Public Service
Division has taken bids for bituminous materials, such as cold patch, and various
sizes of asphalt. An advertisement was placed in the Livonia Observer on March
8, 2018. Bid invitations were placed on the Michigan Inter-governmental Trade
Network (MITN). Four (4) bids were received and opened in the presence of the
Bid Committee at 2:00 p.m. on March 20, 2018. With the exception of the cold
patch, all materials are picked up at the vendors plant location by DPW personnel
and equipment. It is important to note that the final pricing reflects round trip
mileage to and from the vendor's plant at $0.415 per ton/mile. All mileage is
confirmed via shortest route according to Google Maps.
It is the recommendation of the Public Service Division that the following bids, for
both hot and cold bituminous material, which meet specifications, be accepted to
supply the Public Service Division (Road Maintenance Section) with the
bituminous materials specified at the unit prices bid for the period May 1, 2018
through April 30, 2019:
Nagle Paving
M.D.O.T. 13A HMA $ 66.08 per ton
M.D.O.T. 36A HMA $ 70.08 per ton
M.D.O.T. 1500 T 20 AAA HMA $ 66.08 per ton
Ajax Materials
Cold Patch 192 Delivered $ 102.00 per ton
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Ace-Saginaw Paving
Cold Patch QPR/UPM Delivered $ 102.00 per ton
It is the further recommended that, in the event the lowest bidder is unable to
furnish the material, the second low bids, which also meet specifications, be
accepted as alternates to supply the Public Service Division (Road Maintenance
Section) with the bituminous materials specified at the unit prices bid for the period
May 1, 2018 through April 30, 2019:
Cadillac Asphalt
M.D.O.T. 13A HMA $ 67.95 per ton
Cold Patch 192 Delivered $ 110.00 per ton
Ajax Materials
Cold Patch QPR/UPM Delivered $ 107.00 per ton
M.D.O.T. 36A HMA $ 77.71 per ton
M.D.O.T. 1500 T 20 AAA HMA $ 73.21 per ton
McIntyre offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
12. REQUEST TO WAIVE THE FORMAL BIDDING PROCESS AND APPROVE
PROPOSED 2018 JOINT AND CRACK SEALING PROGRAM (CONTRACT 18-
D) BY EXTENDING CONTRACT 14-D UNIT PRICES WITH MICHIGAN JOINT
SEALING, INC.: Engineering Division, re: same. (CR 98-17, CR 261-16, CR 163-
15 and CR 283-14)
Todd Zilincik, City Engineer, presented the request to Council. The Engineering
Division has finalized the locations for the 2018 Joint and Crack Sealing Program.
In order to control costs and to continue to offer our residents quality workmanship,
the Engineering Division approached the contractor from the 2014, 2015, 2016
and 2017 Joint and Crack Sealing Programs, Michigan Joint Sealing, Inc. for
consideration to extend the Contract 14-D unit prices as the contractor for Contract
18-D. They are willing to honor their unit prices from the 2014 Joint and Crack
Sealing Program (Contract 14-D). Please note that they are a local contractor that
has completed repairs for the City of Livonia in the past, including 2008, 2009,
2010, 2014, 2015, 2016 and 2017. They are recommending extending the Contract
14-D unit prices for Contract 18-D to Michigan Joint Sealing, Inc. with a budget of
$145,000 for the completion of the 2018 Joint and Crack Sealing Program,
Contract 18-0. Work is anticipated to begin in early June and be completed on or
before October 31, 2018. In order to proceed with this project, they recommend
that the Council waive the formal bidding an extend Contract 14-D unit prices for
Contract 18-D, 2018 Joint and Crack Sealing Program in the amount of
$145,000.00 to Michigan Joint Sealing, Inc., 28830 West Eight Mile Road, Suite
103, Farmington Hills, Ml 48336. The award should be on the basis of the bid unit
prices from 2014, Contract 14-D, said amount to be adjusted based upon the
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quantities of work actually completed. They are asking Council to authorize an
expenditure from budgeted funds of $145,000 ($50,000.00 from Major Roads and
$95,000.00 from Local Roads Accounts.)
Meakin offered the approving resolution for the Consent Agenda.
DIRECTION: APPROVING CONSENT
AUDIENCE COMMUNICATION: None.
As there were no further questions or comments, President Toy adjourned the Study
Session at 9:38 p.m. on Monday, April 23, 2018.
DATED: May 3, 2018 SUSAN M. NASH
CITY CLERK