HomeMy WebLinkAboutMINUTES 2018-05-09
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MINUTES OF THE ONE THOUSAND EIGHT HUNDRED AND FORTY-EIGHTH
REGULAR MEETING OF MAY 9, 2018
On May 9, 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 Brian Meakin led the meeting in the Invocation.
Roll was called with the following result: Brian Meakin, Jim Jolly,
Brandon Kritzman, Scott Bahr, Cathy White, Kathleen McIntyre, and President
Laura Toy. Absent: None.
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; Judy Priebe, Director of
Legislative Affairs; David Heavener, Chief of Fire; and Mayor Dennis Wright.
On a motion by McIntyre, supported by Jolly, it was:
#166-18 RESOLVED, that the minutes of the 1,847th
Regular Meeting of Council held April 23, 2018 are
approved as presented.
A roll call vote was taken on the above resolution with the following result:
AYES: Meakin, Jolly, Kritzman, Bahr, McIntyre and Toy
NAYS: None
PRESENT: White
The President declared the resolution adopted.
Mayor Dennis Wright came to the podium to speak about the students from the
Western Wayne Skill Center who have spent the last two years helping clean
City Hall and thanked them and provided them with a letter of recommendation
they can use in applying for future jobs.
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Regular Meeting Minutes of May 9, 2018
Vice President Jolly then read the language from the Certificate of Recognition
that was given to the following students from the City Council: Kenneth
Bankhead, Alexandrea Barnes, Robert Bentz, Deon Brooks, Zachary Feczko, Ali
Hachem, Craig Jensen, Kyle Jones, Ty-iana Jones, JeNa Johnson, Hayley
Laszyca, Andrew Meeker, Brianna Roland, Ronald Johnson, Shaquila Spillar,
Hassen Saleh, Brian Weaver, Edward Grace, and Terry Quinn, and wished them
well.
President Toy announced there will be a Public Hearing being held on
Wednesday, May 23, 2018, in the Auditorium of City Hall, 33000 Civic Center
Drive, at 7:00 p.m. on the following:
Petition 2018-03-01-04 submitted by Comfort Care Senior Living, to rezone the
property located on the north side of Plymouth Road, between Farmington and
Stark Roads, (34020 Plymouth Road) in the Southeast ¼ of Section 28, from C-
1 (Local Business), C-2 (General Business) and RUF (Rural Urban Farm) to OS
(Office Services).
She then announced there is new data on Items 2 and 12.
President Toy acknowledged Councilmember Bahr’s birthday.
Councilmember Bahr wished his daughter Kelsey a happy birthday, a well as his
wife and also stated they are celebrating their anniversary in May, too.
Councilmember Kritzman wished his daughter Lainey a happy birthday and also
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stated he and his wife are celebrating their 18 anniversary this May as well.
Vice President Jolly wished all mothers a happy Mother’s Day.
There was no Audience Communication at the beginning of the meeting.
A communication from the Department of Finance, dated April 9, 2018, re:
forwarding Quarterly Investment Reports for the City of Livonia as of February
28, 2018, was received and placed on file for the information of the Council.
On a motion by Kritzman, supported by Bahr, it was:
#167-18 RESOLVED, that having considered a communication from
Alan Maliszewski, St. Michael the Archangel Catholic Church, dated April
6, 2018, which requests permission to waive Section 8.32.070 (Noise
Control) of the Livonia Code of Ordinances, as amended, to allow a car
show with a DJ to be held in the parking lot at 11441 Hubbard Road on
Saturday, July 21, 2018, from 8:00 a.m. to 3:00 p.m., the Council does
hereby grant permission as requested.
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Regular Meeting Minutes of May 9, 2018
A communication from James M. Inglis, Director of the Livonia Housing
Commission, dated April 26, 2018, re: Supplemental Information on the Home
Investments Partnership Act, renewal of Interlocal Consortia Agreement,
Program Years 2018-2021, was received and placed on file for the information
of the Council.
#168-18 WHEREAS, the U.S. Department of Housing and Urban
Development (HUD) awards an annual formula allocation of funds to
Wayne County as an Urban County through the HOME Investment
Partnership Program (HOME): and
WHEREAS, Wayne County’s strategic plan for the expenditure of HUD
funds is included in the 2018-2021 Consolidated Plan, which has been
approved by HUD: and
WHEREAS, HUD provides for the establishment of a “Consortia” with non-
participating jurisdictions to allow for the expenditure of the HOME funds
in those communities, thereby increasing the formula allocation of HOME
funds to Wayne County: and
WHEREAS, in 2012, Wayne County established a HOME Consortia that
includes the non-participating jurisdictions of Dearborn, Lincoln Park,
Livonia and Taylor, through an Interlocal Agreement that expires on June
30, 2018; and
WHEREAS, HUD requires that the members of the Consortia notify HUD
in writing of their intent to continue the Consortia beyond the termination
date: and
WHEREAS; The Interlocal Agreement requires that upon the approval of
any renewal by the governing body, that each Consortia member
authorize the chief official to execute any documents necessary to
implement the renewal; and
WHEREAS; the termination of the Interlocal Agreement, and thereby the
Consortia, would eliminate the allocation of Wayne County HOME funds
to the City of Livonia;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF LIVONIA that the renewal of the Interlocal Agreement for the duration
of the Wayne County 2018-2021 Consolidated Plan is hereby supported
and the Mayor and City Clerk are authorized to execute the Interlocal
Agreement in the form attached, subject to approval of the Housing
Director and City Attorney. Further, the Council authorizes the Director of
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Regular Meeting Minutes of May 9, 2018
Housing to execute the 2018 through 2021 annual funding Contracts with
the County of Wayne subject to approval of the Housing Director and City
Attorney.
#169-18 RESOLVED, that having considered a communication from
the Fire Chief, dated April 16, 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) Power Load
Ambulance Cot Loading System and five (5) Expandable Patient Surface
Retrofit Kits from Stryker Medical, 3800 E. Center Avenue, Portage, MI
49002, to improve safety for both its personnel and patients needing
emergency medical care, in a total amount not to exceed $32,048.36;
FURTHER, the Council does hereby authorize an expenditure in an
amount not to exceed $32,048.36 from funds already budgeted in Account
No. 101-338-987-000 (Capital Outlay-Fire Equipment) for this purpose;
FURTHER, the Council does hereby determine to authorize the said
purchase without competitive bidding inasmuch as Stryker Medical is the
sole authorized dealer of ambulance cots for compatibility with the
department’s existing fleet of Stryker ambulance cots 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.3 of the
Livonia Code of Ordinances, as amended.
#170-18 RESOLVED, that having considered a communication from
the Human Resources Director, dated April 19, 2018, which is approved
for submission by the Mayor, and which sets forth Civil Service Resolution
#18-72, adopted on April 18, 2018, wherein the Commission recommends
a classification change to retitle the classification of Training Coordinator
to Training Officer with return of official rank, to make the title consistent
with industry standards, increase interest level of highly qualified potential
candidates, and increase overall Department pride and morale, with no
change in compensation or benefits, the Council does hereby concur and
approve of the aforesaid action.
#171-18 RESOLVED, that having considered a communication from
the Human Resources Director, dated April 19, 2018, which bears the
signature of the Finance Director and is approved for submission by the
Mayor, and which sets forth Civil Service Resolution #18-74, adopted on
April 18, 2018, wherein the Commission recommends approval to
increase the salary wage for the Chief Assistant City Attorney
classification, effective May 9, 2018 through November 30, 2019, with the
following recommended rate schedule:
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Regular Meeting Minutes of May 9, 2018
Current 2017-2018 Civil Service
Salary Schedule Recommendation
Step 1 $ 89,876.80 $ 99,987.26
Step 1.5 $ 91,644.80 $101,987.01
Step 2 $ 93,350.40 $104,026.75
Step 3 $ 97,032.00 $108,187.82
Step 4 $100,838.40 $112,515.33
Step 5 $104,873.60 $117,015.95
The Council does hereby concur and approve of the aforesaid action.
#172-18 RESOLVED, that having considered a communication from
the Civil Service Director, dated April 23, 2018, which is approved for
submission by the Mayor, recommending a pay rate schedule for the
reinstated full-time City Attorney position, effective April 23, 2018 through
November 30, 2019, the Council does hereby concur in the
recommendation of the Civil Service Director and the pay rate schedule
for the reinstated full-time City Attorney position is hereby approved, with
the following rate schedule:
City Attorney Salary Schedule
Step 1 $109,990.40
Step 1.5 $112,195.20
Step 2 $114,441.60
Step 3 $119,017.60
Step 4 $123,780.80
Step 5 $128,731.20
#173-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Parks & Recreation, dated
March 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 bid of Freemotion Fitness, PO Box 99661, Chicago, Illinois 60693, for
the purchase of strength equipment for use at the Jack E. Kirksey
Recreation Center, as set forth in Freemotion Fitness’ Revised Option 1
Proposal attached to the aforesaid communication, for a total amount not
to exceed $88,372.43, the same having been in fact the most qualified bid
received which meets all specifications; FURTHER, the Council does
hereby authorize the expenditure of a sum not to exceed $88,372.43 from
funds already budgeted in Account No. 208-755-987-000 for this purpose.
#174-18 RESOLVED, that having considered a communication from
the Superintendent of Parks and Recreation, dated April 5, 2018, which is
approved for submission by the Mayor, and which sets forth Parks and
Recreation Commission Resolution #3628-18, adopted on April 4, 2018,
wherein the Commission recommends approval of the attached Land
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Regular Meeting Minutes of May 9, 2018
Acquisition Strategy plan for future parks or park property, the Council
does hereby accept and approve the Parks and Recreation Land
Acquisition Strategy Plan in the manner and form herein submitted.
#175-18 RESOLVED, that having considered the report and
recommendation of the Superintendent of Public Service and the Director
of Public Works, dated April 5, 2018, 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
Maintenance Section) with hot and cold bituminous materials specified at
the unit prices bid for the period May 1, 2018 through April 30, 2019:
1. Nagle Paving Company, 36780 Amrheim, Livonia, MI 48150
MDOT 13A HMA $66.08 per ton
MDOT 36A HMA $70.08 per ton
MDOT 1500 T 20 AAA HMA $66.08 per ton
2. Ajax Materials, 830 Kirts Blvd., Suite 100, Troy, MI 48084
Cold Patch 192 Delivered $102.00 per ton
3. Ace-Saginaw Paving, 2981 Carrollton Road, Saginaw, MI 48047
Cold Patch QPR/UPM Delivered $102.00 per 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 bituminous materials
specified at the unit prices bid for the period May 1, 2018 through April 30,
2019:
1. Cadillac Asphalt, 2575 Haggerty Rd., Canton, MI 48188
MDOT 13A HMA $ 67.95 per ton
Cold Patch 192 Delivered $110.00 per ton
2. Ajax Materials, 830 Kirts Blvd., Suite 100, Troy, MI 48084
Cold Patch QPR/UPM Delivered $107.00 per ton
MDOT 36A HMA $ 77.71 per ton
MDOT 1500 T 20 AAA HMA $ 73.21 per ton
FURTHER, the Council does hereby authorize the expenditure of funds
already budgeted in Account No. 101-463-782-000 (Road Maintenance
Section) for this purpose.
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Regular Meeting Minutes of May 9, 2018
#176-18 RESOLVED, that having considered the report and
recommendation of the City Engineer, dated April 10, 2018, submitted
pursuant to Council Resolution Nos. 98-17, 261-16, 163-15 and 283-14,
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 authorize a one-year extension of the contract
with Michigan Joint Sealing, Inc., 28830 West Eight Mile Road, Suite 103,
Farmington Hills, MI 48336, for completing all work required in connection
with the 2018 Joint and Crack Sealing Program (Contract 18-D) by
extending the Contract 14-D unit prices for Contract 18-D, for a total cost
not to exceed $145,000.00; 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;
and b) information from other communities’ bidding procedures indicates
that these prices are favorable for the City; and c) Michigan Joint Sealing,
Inc. won the City’s competitive bids in 2008, 2009, 2010, 2014, 2015, 2016
and 2017 and is continuing to honor its 2014 prices, such that there are
ample reasons to waive competitive bidding under Code of Ordinances
Section 3.04.140D3; FURTHER, the Council does hereby authorize an
expenditure in the amount of $50,000.00 from funds already budgeted in
Account No. 202-463-818-117 (Major Roads) and in the amount of
$95,000.00 from funds already budgeted in Account No. 203-463-818-117
(Local Roads) for this purpose; FURTHER, the foregoing amounts are
based upon the Engineering Division’s estimate of units involved, and are
subject to final payments based upon the actual units completed in
accordance with the unit prices accepted in 2018; and the City Engineer
is hereby authorized to approve minor adjustments in the work as it
becomes necessary but this authorization does not entitle the City
Engineer to authorize any increase in the not to exceed amount or to
contract with other parties.
A roll call vote was taken on the foregoing resolutions with the following
result:
AYES: Meakin, Jolly, Kritzman, Bahr, White, McIntyre and Toy
NAYS: None
The President declared the resolutions adopted.
On a motion by Kritzman, supported by Bahr, and unanimously adopted,
it was:
#177-18 RESOLVED, that having considered a communication from
the City Engineer, dated April 16, 2018, approved for submission by the
Mayor, to which is attached a letter from Michael Gowen, B&V Contracting
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Regular Meeting Minutes of May 9, 2018
Company, dated March 28, 2018, requesting a waiver of the sidewalk
requirement in front of the newly constructed home located at 38105
Plymouth Road, in the S.E. ¼ of Section 30, the Council does hereby
accept the recommendation of the City Engineer and denies this request
inasmuch as there is an existing parallel sidewalk on the north side of
Plymouth Road, the subject property is flat along its road frontage to
facilitate sidewalk construction, and there is a prospect for future
connectivity to the west, and granting this request would be detrimental to
the best interests of the City and its residents.
The owner of B & V Contracting was present to address Council on the above
agenda item.
A communication from Freddy Sackllah, Chairman, St. Mary Festival,
dated May 8, 2018, re: Indemnification Agreement from The School Board of
Education and Livonia Public Schools, in connection with the 2018 Michigan Fun
Fest including but not limited to the display of fireworks, was received and placed
on file for the information of the Council.
On a motion by Meakin, supported by Jolly, and unanimously adopted, it
was:
#178-18 RESOLVED, that having considered a communication from
Fred E. Sackllah, Festival Chair Person, The Basilica of St. Mary
Antiochian Orthodox Church, received in the Office of the City Clerk on
April 16, 2018, to which is attached a communication from Jason Lynch,
Great Lakes Fireworks, LLC, dated April 11, 2018, wherein a request is
submitted for a fireworks display permit, pursuant to 2011 PA 256, to be
held on the empty field adjacent to 18100 Merriman Road (Bryant Park),
on Friday, June 1, 2018, the Council does hereby approve of the fireworks
display in the manner and form herein submitted, including therein
permission to conduct the said affair on Saturday, June 2, 2018, or
Sunday, June 3, 2018, in the event of inclement weather, subject to liability
insurance being provided in the amount of $5,000,000.00 for this event.
Freddy Sackllah, Festival Chair Person, was present to answer any questions of
Council on the above item.
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Regular Meeting Minutes of May 9, 2018
On a motion by Jolly, supported by White, and unanimously adopted, it
was:
#179-18 RESOLVED, that having considered a communication from
the Department of Law, dated April 19, 2018, approved for submission by
the Mayor, transmitting for Council acceptance a Grant of Easement
executed by Erik Rubner and Lisa Rubner, for a public utility easement in
connection with the development of a new water main constructed at the
subject location in the Southwest 1/4 of Section 30, more particularly
described as:
New Variable Width Water Main Easement
An easement for water main over part of Parcel No. 119-99-0031-003,
described as: part of the Southwest ¼ of Section 30, Town 1 South, Range
9 East, City of Livonia, County of Wayne, Michigan, described as
commencing at the West ¼ of said Section 30; thence S 01°49’50” E
872.57 feet along the west line of said Section 30 to the centerline of
Plymouth Road; thence S 76°31’20” E 1,302.54 feet along said centerline;
thence S 01°45’04” E 308.25 feet; thence N 88°14’56” E 116.67 feet to
the Point of Beginning; thence N 88°14’56” E 9.02 feet; thence 11.37 feet
along a 50.00 foot radius curve to the right, the chord of which bears S
22°14’21” W 11.35 feet; thence N 24°46’01” W 11.26 feet to the Point of
Beginning.
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.
On a motion by Jolly, supported by Kritzman, and unanimously adopted it
was:
#180-18 RESOLVED, that having considered a communication from
the Department of Law, dated April 18, 2018, approved for submission
by the Mayor, transmitting for Council approval a quit claim deed from
the City of Livonia to the City of Westland, for the Storm Water Ditch or
Drain Easement, more particularly described as:
40’ Wide Storm Water Ditch or Drain Easement
That part of the N.W. ¼ of Section 5, Town 2 South, Range 9 East, Nankin
Township (now City of Westland), Wayne County, Michigan, described as
follows: Commencing at the Northwest Corner of said Section 5, Running
thence S. 3° 47’ 20” E., along the west line of said Section, a distance of
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Regular Meeting Minutes of May 9, 2018
243.03 feet for a Point of Beginning; Running thence N. 88° 16’ 10” E.
257.68 feet; thence S. 3° 36’ 40” E., 40.01 feet; thence S. 88° 16’ 10” W.,
257.56 feet; thence N. 3° 47’ 20” W., along the west line of said Section
5, a distance of 40.03 feet to the Point of Beginning.
The Council does hereby, for and in behalf of the City of Livonia, approve
and authorize the aforesaid Quit Claim Deed, and the Mayor and City
Clerk are hereby authorized to execute the Quit Claim Deed conveying
the above-described property to the City of Westland, 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.
There was no Audience Communication at the end of the meeting.
On a motion by Bahr, supported by Meakin and unanimously adopted, this
1,848th Regular Meeting of the Council of the City of Livonia was adjourned at
7:30 p.m. on May 9, 2018.
_____________________
Susan M. Nash, City Clerk